The PTAB’s Regulatory Overreach and How it Cripples the Innovation Economy

On August 14, 2017, the Regulatory Transparency Project of the Federalist Society published a new white paper, Crippling the Innovation Economy: Regulatory Overreach at the Patent Office. This white paper examines how an administrative tribunal created in 2011—the Patent Trial and Appeal Board (PTAB)—has become “a prime example regulatory overreach.” Several CPIP scholars are members … Continue reading “The PTAB’s Regulatory Overreach and How it Cripples the 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”

Explaining Efficient Infringement

By Adam Mossoff & Bhamati Viswanathan In a recent New York Times op-ed, “The Patent Troll Smokescreen,” Joe Nocera used in print for the first time the term, “efficient infringement.” This pithy phrase quickly gained currency if only because it captures a well-known phenomenon that has been impossible to describe in even a single sentence. … Continue reading “Explaining Efficient Infringement”

New CPIP Policy Brief: Open-Access Mandates and the Seductively False Promise of “Free”

CPIP has published a new policy brief entitled Open-Access Mandates and the Seductively False Promise of “Free.” The brief, written by CPIP Legal Fellow Bhamati Viswanathan and CPIP Director of Academic Programs & Senior Scholar Adam Mossoff, exposes the lack of evidence or justification for the proliferating legal mandates by federal agencies that coerce authors … Continue reading “New CPIP Policy Brief: Open-Access Mandates and the Seductively False Promise of “Free””

Lobbyists Continue to Invoke Discredited Junk Science to Push Patent Legislation

It seems no matter how many times the mole gets whacked, it keeps popping back up. The latest incarnation of this problem is a recent op-ed by Katie Johnson of the National Association of Realtors, which relies on a long since discredited study about the state of patent litigation in the United States.  She goes … Continue reading “Lobbyists Continue to Invoke Discredited Junk Science to Push Patent Legislation”

Event Recap: Great Inventors and the Patent System

On February 16, 2017, CPIP hosted a panel discussion, America as a Place of Innovation: Great Inventors and the Patent System, at the Smithsonian National Museum of American History in Washington, D.C. The event was co-hosted by the Lemelson Center for the Study of Invention and Innovation at the Smithsonian Institution and the U.S. Patent … Continue reading “Event Recap: Great Inventors and the Patent System”

CPIP Scholars Ask Supreme Court to Resist Call to Restrict Venue Choices for Patent Owners

On March 8, 2017, CPIP Scholars Adam Mossoff, Devlin Hartline, Chris Holman, Sean O’Connor, Kristen Osenga, & Mark Schultz joined an amicus brief in TC Heartland v. Kraft Foods. CPIP Scholars worked with USD Law’s Ted Sichelman to organize, write, and file the brief. The case focuses on whether patent owners may sue corporate defendants … Continue reading “CPIP Scholars Ask Supreme Court to Resist Call to Restrict Venue Choices for Patent Owners”

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”

CPIP Founders File Amicus Brief on Behalf of 11 Law Professors in Converse v. ITC

CPIP Founders Adam Mossoff & Mark Schultz filed an amicus brief today on behalf of 11 law professors in Converse v. International Trade Commission, a trademark case currently before the Federal Circuit. In late-2014, Converse filed a complaint with the International Trade Commission alleging that more than thirty companies, including Skechers, Walmart, New Balance, and … Continue reading “CPIP Founders File Amicus Brief on Behalf of 11 Law Professors in Converse v. ITC”

Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents

The Federal Circuit issued another important opinion yesterday affirming that software is a patentable invention in the United States. In Trading Technologies Int’l, Inc. v. CQG, Inc., the court determined that a graphical user interface (GUI) for a commodities trading platform was patent eligible. Ten law professors, including CPIP Senior Scholars and others, filed an … Continue reading “Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents”