The STRONGER Patents Act: Important Legislation to Protect Our Innovation Economy

Today, Senators Chris Coons, Tom Cotton, Dick Durbin, and Mazie Hirono introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2017. This important piece of legislation will protect our innovation economy by restoring stable and effective property rights for inventors. First and foremost, the STRONGER Patents Act … Continue reading “The STRONGER Patents Act: Important Legislation to Protect Our Innovation Economy”

CPIP Co-Founder Testifies at House Judiciary Committee Hearing on IP

CPIP co-founder Adam Mossoff testified on June 13 before the House Judiciary Committee’s subcommittee on the Courts, Intellectual Property and the Internet.  He and other witnesses testified about the impact of the Supreme Courts recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC on innovators and the possibility of future changes to … Continue reading “CPIP Co-Founder Testifies at House Judiciary Committee Hearing on IP”

An Ever-Weakening Patent System is Threatening the Future of American Innovation

Over the past ten years, the United States patent system has been transformed by new legislation, regulatory actions, and numerous decisions by the Supreme Court addressing nearly every area of patent doctrine. The many disruptive legal changes have affected infringement remedies, licensing activities, and what types of inventions and discoveries are eligible for patent protection, … Continue reading “An Ever-Weakening Patent System is Threatening the Future of American Innovation”

CPIP Publishes Prof. John F. Witherspoon’s Tribute to the Late Judge Giles S. Rich

CPIP has published a tribute to Judge Giles S. Rich by Professor John F. Witherspoon. Prof. Witherspoon is Director Emeritus, Intellectual Property Program, Antonin Scalia Law School. Prof. Witherspoon’s career in government, academia, and private practice spans more than fifty years. After practicing with a patent law firm in Washington, Prof. Witherspoon was appointed by … Continue reading “CPIP Publishes Prof. John F. Witherspoon’s Tribute to the Late Judge Giles S. Rich”

Innovate4Health: Global Good’s “Arktek”: A Life-Saving Super-Thermos Vaccine Cooler

This post is one of a series in the #Innovate4Health policy research initiative. More than 1.5 million children die every year from diseases that existing vaccines could prevent. Why aren’t these children vaccinated? One big reason is that vaccines need to be kept cool until they reach patients, but that’s a really hard task in … Continue reading “Innovate4Health: Global Good’s “Arktek”: A Life-Saving Super-Thermos Vaccine Cooler”

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”