CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole

Last week, CPIP Senior Scholar Adam Mossoff and I filed an amicus brief on behalf of 15 law professors, including CPIP’s Devlin Hartline, Chris Holman, Sean O’Connor, Kristen Osenga, and Mark Schultz. We urge the Supreme Court to grant certiorari in TDE Petroleum v. AKM Enterprise and reaffirm that any analysis of an invention must be of the claimed invention … Continue reading “CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole”

New Paper Addresses Flaws in Patent Holdup Theory

Stephen Haber and Alexander Galetovic of the Hoover Institution’s Working Group on Intellectual Property, Innovation and Prosperity (IP2) published a new working paper on the problems with Patent Holdup Theory. In “The Fallacies of Patent Holdup Theory,” Professors Haber and Galetovic show that Patent Holdup Theory is based on three fundamental errors. Professor Haber presented … Continue reading “New Paper Addresses Flaws in Patent Holdup Theory”

Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines

An oil well drilling rig is not an abstract idea. A method of operating an oil well drilling rig is also not an abstract idea. This proposition should be clear to all, but in TDE Petroleum Data Solutions v AKM Enterprise, the Federal Circuit held that a method of operating an oil well drilling rig … Continue reading “Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines”

Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung

In Apple v. Samsung, the Supreme Court is presented with a classic issue of statutory interpretation in the case that has come to exemplify the Smart Phone Wars. In one of the many lawsuits brought by Apple against Samsung after Samsung rejected Apple’s offer to license its patents, a jury found Samsung liable for infringing Apple’s … Continue reading “Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung”

FTC's PAE Study Makes Unsupported Recommendations

The FTC released its long-awaited study of so-called patent assertion entities, or PAEs, today. As many predicted, the FTC makes several broad recommendations for substantive and procedural reforms. The problem with this, however, is that the study was not designed to reveal the sort of data that could support such policy recommendations. The FTC itself … Continue reading “FTC's PAE Study Makes Unsupported Recommendations”

Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible

In Tuesday’s McRO v. Bandai decision, the Federal Circuit has once again reversed a district court’s determination that a computer-implemented invention (aka “software patent”) was not patent eligible under Section 101 of the Patent Act. This continues the Federal Circuit’s recent trend of clarifying the Supreme Court’s two-step patent-eligibility test under Mayo and Alice. The … Continue reading “Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible”

Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief

Last spring, the Arts & Entertainment Advocacy Clinic at Scalia Law School filed an amicus brief on behalf of intellectual property law scholars in the Fox News v. TVEyes copyright infringement case. Assisting the students on the project was practicing IP attorney and Scalia Law alum Jennifer Atkins, who volunteered her time—and the time of … Continue reading “Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief”

Law Professors & Economists Urge Caution on VENUE Act in Letter to Congress

Today, 28 law professors, economists, and political scientists from across the nation submitted a letter to Congress expressing serious concerns about the recent push for sweeping changes to patent litigation venue rules, such as those proposed in the VENUE Act. The letter is copied below, and it can be downloaded here: http://ssrn.com/abstract=2816062 Although proponents for … Continue reading “Law Professors & Economists Urge Caution on VENUE Act in Letter to Congress”

CPIP Scholars File Amicus Brief in Trading Technologies v. CQG

Earlier this month, CPIP Senior Scholar Adam Mossoff penned an amicus brief in Trading Technologies v. CQG, currently on appeal to the Federal Circuit. The brief was joined by nine other IP scholars, including CPIP Senior Scholars Mark Schultz and Kristen Osenga. The amici argue that Trading Technologies’ graphical user interface (GUI) constitutes patentable subject … Continue reading “CPIP Scholars File Amicus Brief in Trading Technologies v. CQG”

Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine

By Adam Mossoff and Kevin Madigan Following the Supreme Court’s four decisions on patent eligibility for inventions under § 101 of the Patent Act, there has been much disruption and uncertainty in the patent system. The patent bar and most stakeholders in the innovation industries have found the Supreme Court’s decisions in Alice Corp. v. … Continue reading “Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine”