No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful

Here’s a brief excerpt of an op-ed by Adam Mossoff & Devlin Hartline that was published in The Hill: Two recent op-eds published in The Hill argue that broad patent legislation—misleadingly labeled “reform”—is needed because the U.S. patent system is fundamentally broken. In the first, Timothy Lee contends that opponents “cannot with a straight face” … Continue reading “No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful”

Repetition of Junk Science & Epithets Does Not Make Them True

Here’s a brief excerpt of a post by Adam Mossoff that was published on IPWatchdog. In their recent submission to the Washington Post’s series on so-called “patent reform” and “patent trolls,” James Bessen and Michael Meurer repeat the same junk science claims we’ve all heard many times before. In fact, the essay starts with a … Continue reading “Repetition of Junk Science & Epithets Does Not Make Them True”

It’s Time to Say “No” to Junk Science in the Patent Policy Debates

Last March, forty economists and law professors submitted a letter to Congress expressing “deep concerns with the many flawed, unreliable, or incomplete studies about the American patent system that have been provided to members of Congress.”  These concerns were confirmed again last week when Unified Patents released a report on patent litigation with the same … Continue reading “It’s Time to Say “No” to Junk Science in the Patent Policy Debates”

The History of Patent Licensing and Secondary Markets in Patents: An Antidote to False Rhetoric

The patent licensing business model is a flashpoint of controversy in the patent policy debates. Individuals and firms that specialize in licensing patented innovation – and companies that purchase patents in order to license them – have come under attack by the President, members of Congress, companies, lobbying groups, and others. On December 6, 2013, … Continue reading “The History of Patent Licensing and Secondary Markets in Patents: An Antidote to False Rhetoric”

The Nadir of “Patent Troll” Rhetoric

The venerable high-tech company IBM is no more a “patent troll” than any other legitimate company that engages in patent licensing. Yet, according to the very arguments of those who are using this ill-defined and misleading term, the shoe fits. The case in point is the recent demand letter IBM sent to Twitter, asserting violation of … Continue reading “The Nadir of “Patent Troll” Rhetoric”

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”

Teleforum Panel on End-User Lawsuits in Patent Law on August 29 (free and open to the public)

End-User Lawsuits in Patent Litigation: A Bug or a Feature of Patent Law? A Teleforum Panel (Free and Open to the Public) Thursday, August 29, 2013 Noon – 1pm (EST) In the patent policy debates today, one issue that has proven a flash point of controversy is patent infringement lawsuits against consumers and retailers, such … Continue reading “Teleforum Panel on End-User Lawsuits in Patent Law on August 29 (free and open to the public)”

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”

Guest Post by Wayne Sobon: A Line in the Sand on the Calls for New Patent Legislation

On June 9-11, the IP Business Congress sponsored by Intellectual Asset Magazine (IAM) hosted a debate on the resolution: “This house believes that the America Invents Act should be a legislative line in the sand and that no more reform of the US patent system is needed.” The debate was moderated by Denise DeFranco, a partner with … Continue reading “Guest Post by Wayne Sobon: A Line in the Sand on the Calls for New Patent Legislation”

The SHIELD Act: When Bad Economic Studies Make Bad Laws

[Cross-Posted at Truth on the Market on March 15, 2013] Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that … Continue reading “The SHIELD Act: When Bad Economic Studies Make Bad Laws”