George Mason University Antonin Scalia Law School

New CPIP Policy Brief: The Long Shadow of the Blackberry Shutdown That Wasn’t

CPIP logoCPIP has published a new policy brief by CPIP Senior Fellow for Innovation Policy Jonathan Barnett entitled The Long Shadow of the Blackberry Shutdown That Wasn’t. The policy brief looks at how the Blackberry litigation and the “patent troll” narrative ultimately contributed to the Supreme Court’s 2006 decision in eBay v. Read more

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

U.S. Capitol buildingToday, 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. Read more

Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)

[Cross Posted to Truth on the Market]

In its recent decision in Douglas Dynamics v. Buyers Products Co. (Fed. Cir., May 21, 2013), the Federal Circuit was forced to reverse a district court’s abuse of its discretion because the trial judge injected an anti-patent bias into the legal test for determining whether a patent-owner should receive a permanent injunction against an infringer. Read more

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.  Read more