Rep. Massie Introduces New Legislation to Restore America’s Patent System

Yesterday, Representative Thomas Massie introduced the Restoring America’s Leadership in Innovation Act of 2018 (H.R. 6264). This legislation would reverse many of the harms that have been caused by recent changes to the patent laws from all three branches of government. Patents are an important part of our innovation economy, providing an incentive for inventors to invent … Continue reading “Rep. Massie Introduces New Legislation to Restore America’s Patent System”

CPIP Scholars Examine the Flaws in the Term “Evergreening”

In their new paper, Evergreening of Pharmaceutical Exclusivity: Sorting Fact from Misunderstanding and Fiction, Professors Kristina Acri née Lybecker and Mark Schultz, along with CPIP John F. Witherspoon Legal Fellow David Lund, analyze how the term “evergreening” is used in the context of pharmaceuticals. After sorting through the vagaries and rhetorical excesses that restrict meaningful … Continue reading “CPIP Scholars Examine the Flaws in the Term “Evergreening””

The STRONGER Patents Act: The House Receives Its Own Legislation to Protect Our Innovation Economy

Today, Representatives Steve Stivers (R-OH) and Bill Foster (D-IL) introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2018. This important piece of legislation will protect our innovation economy by restoring stable and effective property rights for inventors. This legislation mirrors a bill already introduced in the … Continue reading “The STRONGER Patents Act: The House Receives Its Own Legislation to Protect Our Innovation Economy”

CPIP Scholars Ask Federal Circuit to Fix Patent Eligibility Doctrine in Cleveland Clinic Appeal

Last week, a group of CPIP scholars filed an amicus brief in Cleveland Clinic Foundation v. True Health Diagnostics, a case currently on appeal to the U.S. Court of Appeals for the Federal Circuit. The patents at issue cover diagnostic tests used to assess a person’s risk of developing cardiovascular disease. The U.S. Patent & … Continue reading “CPIP Scholars Ask Federal Circuit to Fix Patent Eligibility Doctrine in Cleveland Clinic Appeal”

CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101

On December 4, 2017, CPIP Founder Adam Mossoff and CPIP John F. Witherspoon Legal Fellow David Lund filed an amicus brief urging the Supreme Court to grant certiorari in RecogniCorp. v. Nintendo. The amicus brief was joined by several law professors, including Richard Epstein and Michael Risch, as well as CPIP Senior Scholars Chris Holman, … Continue reading “CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101”

Foreign Antitrust Regulators Are Threatening American Innovation

By David Lund & Matthew Barblan American businesses are suffering as foreign governments improperly use their antitrust laws to discriminate against American companies. Recently, the United States Chamber of Commerce assembled an International Competition Policy Expert Group to examine this problem. The Group released a report describing particular harmful and inappropriate uses of antitrust law … Continue reading “Foreign Antitrust Regulators Are Threatening American Innovation”

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”