The Myth of the “Patent Troll” Litigation Explosion

[Cross posted at Truth on the Market] In a prior blog posting, I reported how reports of a so-called “patent litigation explosion” today are just wrong.  As I detailed in another blog posting, the percentage of patent lawsuits today are not only consistent with historical patent litigation rates in the nineteenth century, there is actually … Continue reading “The Myth of the “Patent Troll” Litigation Explosion”

Guest Post by Richard Epstein: The Dangerous Adventurism of the United States Trade Representative – Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law

The Dangerous Adventurism of the United States Trade Representative: Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law  Richard A. Epstein 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 … Continue reading “Guest Post by Richard Epstein: The Dangerous Adventurism of the United States Trade Representative – Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law”

The Value of Injunctions – Douglas Dynamics v. Buyers Products Co. (Fed. Cir. May 21, 2013)

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.  For those in the … Continue reading “The Value of Injunctions – Douglas Dynamics v. Buyers Products Co. (Fed. Cir. May 21, 2013)”

Patented Innovation and Patent Wars: Some Historical Perspective

[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.”  The AIA’s provisions are not even fully implemented yet — its ink … Continue reading “Patented Innovation and Patent Wars: Some Historical Perspective”

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

[Cross Posted to Truth on the Market on December 12, 2012] In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements.  Thus, for instance, libertarian law professor, Tom … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)”

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)

[Cross Posted to Truth on the Market on December 7, 2012] In libertarian critiques of intellectual property (IP) rights, such as copyrights and patents, it’s common to the hear the claim that “traditional property rights in land” is based in inductive, ground-up “common law court decisions,” but that IP rights are top-down, artificial statutory entitlements.  … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)”