Those claiming that we’ve seen an “explosion of patent litigation” in recent years have proven resilient to counterarguments, continuing even to generate questionable “statistics” to buttress their assertions.
Given the Obama Administration’s recent reversal of the International Trade Commission’s exclusion order against Apple in its patent dispute with Samsung, we are hearing once again that there has been an “explosion” of patents cases at the ITC. Read more
The Dangerous Adventurism of the United States Trade Representative:
Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law
In ordinary times, the business of the International Trade Commission does not appear as the lead story in the Wall Street Journal, predicting massive changes in the high-stakes patent battles. Read more
The Federal Circuit’s recent decision in Douglas Dynamics, LLC, v. Buyers Products Co. (Fed. Cir. May 21, 2013) is very important given the widespread, albeit mistaken, belief today that the Supreme Court’s decision in eBay v. MercExchange (2005) established that damages and not injunctions are the presumptive remedy for patent infringement. Read more
On June 9-11, the IP Business Congress sponsored by Intellectual Asset Magazine (IAM) hosted a debate on the resolution: “This house believes that the America Invents Act should be a legislative line in the sand and that no more reform of the US patent system is needed.” Read more
By Professor Christopher Holman
[The following is a blog posting by Christopher Holman, a patent law scholar at UMKC School of Law, that he originally posted on April 5, 2013 at his blog, Holman’s Biotech IP Blog, where Professor Holman regularly blogs on important issues in biotech and IP law. Read more
[Cross-Posted at Truth on the Market on March 15, 2013]
Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that he would like “to see if we can build some additional consensus on smarter patent laws.” Read more
By Michael Risch
[The following is a blog posting by Michael Risch, a patent law scholar at Villanova Law School, that he originally posted on March 10, 2013 at the law professor group blog, Madisonian.net, where Professor Risch regularly blogs. Read more
[This was originally posted at IBM’s A Smarter Planet Blog on January 11, 2013.]
The America Invents Act (AIA) was signed into law in September 2011, and it is rightly recognized as “the most significant reform of the U.S. patent system since 1836.” Read more
[Cross Posted to Truth on the Market]
The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that software patents are causing “chaos.” Read more
[Cross Posted to Truth on the Market on October 18, 2012]
We often hear today that there’s an unprecedented “patent litigation explosion” that’s killing innovation. Last week, the New York Times plied this claim without abandon in its hit piece on high-tech patents. Read more
