IP for the Next Generation of Mobile Technology: How Ignorance of Standard Setting Operations Hinders Innovation

In advance of our Sixth Annual Fall Conference on IP for the Next Generation of Technology, we are highlighting works on the challenges brought by the revolutionary developments in mobile technology of the past fifteen years. The development and implementation of technology standards is a complex process, and it’s one often misunderstood by commentators, courts, … Continue reading “IP for the Next Generation of Mobile Technology: How Ignorance of Standard Setting Operations Hinders Innovation”

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”

FTC's PAE Study Makes Unsupported Recommendations

The FTC released its long-awaited study of so-called patent assertion entities, or PAEs, today. As many predicted, the FTC makes several broad recommendations for substantive and procedural reforms. The problem with this, however, is that the study was not designed to reveal the sort of data that could support such policy recommendations. The FTC itself … Continue reading “FTC's PAE Study Makes Unsupported Recommendations”

CPIP Scholars File Amicus Brief in Trading Technologies v. CQG

Earlier this month, CPIP Senior Scholar Adam Mossoff penned an amicus brief in Trading Technologies v. CQG, currently on appeal to the Federal Circuit. The brief was joined by nine other IP scholars, including CPIP Senior Scholars Mark Schultz and Kristen Osenga. The amici argue that Trading Technologies’ graphical user interface (GUI) constitutes patentable subject … Continue reading “CPIP Scholars File Amicus Brief in Trading Technologies v. CQG”

Acknowledging the Limitations of the FTC's PAE Study

The FTC’s long-awaited case study of patent assertion entities (PAEs) is expected to be released this spring. Using its subpoena power under Section 6(b) to gather information from a handful of firms, the study promises us a glimpse at their inner workings. But while the results may be interesting, they’ll also be too narrow to … Continue reading “Acknowledging the Limitations of the FTC's PAE Study”

How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms

We’ve all heard the narrative about patent licensing firms, often referred to pejoratively as “patent trolls.” These patent owners, who choose to license their innovations rather than build them, are the supposed poster-children of a “broken” patent system. It’s as if commercializing one’s property, just like a landlord leases his land for another to use, … Continue reading “How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms”