Do As I Say, Not As I Do: Google’s Patent Transparency Hypocrisy

It is common today to hear that it’s simply impossible to search a field of technology to determine whether patents are valid or if there’s even freedom to operate at all. We hear this complaint about the lack of transparency in finding “prior art” in both the patent application process and about existing patents. The … Continue reading “Do As I Say, Not As I Do: Google’s Patent Transparency Hypocrisy”

The One Year Anniversary: The Aftermath of #AliceStorm

The following post, by Robert R. Sachs, first appeared on the Bilski Blog, and it is reposted here with permission. It’s been one year since the Supreme Court’s decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to “tread carefully” before invalidating patents, and emphasizing that the … Continue reading “The One Year Anniversary: The Aftermath of #AliceStorm”

Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong

By Mark Schultz & Adam Mossoff A handful of increasingly noisy critics of intellectual property (IP) have emerged within free market organizations. Both the emergence and vehemence of this group has surprised most observers, since free market advocates generally support property rights. It’s true that there has long been a strain of IP skepticism among … Continue reading “Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong”

Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)

Below is the text of the oral testimony provided by Professor Adam Mossoff to the Senate Commerce, Science and Transportation Committee, the Consumer Protection, Product Safety, and Insurance Subcommittee, in its November 7, 2013 hearing on “Demand Letters and Consumer Protection: Examining Deceptive Practices by Patent Assertion Entities.” Information on the hearing is here, including … Continue reading “Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)”

GAO Report Confirms No “Patent Troll” Litigation Problem

As we previously reported, there are serious concerns with the studies asserting that a “patent litigation explosion” has been caused by patent licensing companies (so-called non-practicing entities (“NPEs”) or “patent trolls”). These seemingly alarming studies (see here and here) have drawn scholarly criticism for their use of proprietary, secret data collected from companies like RPX … Continue reading “GAO Report Confirms No “Patent Troll” Litigation Problem”

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”

“Funny Math” Still Infecting Scholarship on Patent Cases in the ITC

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 … Continue reading ““Funny Math” Still Infecting Scholarship on Patent Cases in the ITC”