CPIP Founder Adam Mossoff Files Amicus Brief on Behalf of 27 Law Professors in Oil States

CPIP Founder Adam Mossoff filed an amicus brief today on behalf of 27 law professors in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, a patent case pending in the Supreme Court. Oil States is challenging the constitutionality of proceedings at the Patent Trial and Appeal Board (PTAB) to determine the validity of an issued patent. The challenge … Continue reading “CPIP Founder Adam Mossoff Files Amicus Brief on Behalf of 27 Law Professors in Oil States”

In Defense of an Inclusive IP Conversation

In a recent essay responding to a divisive critique of his book, Justifying Intellectual Property, Robert Merges makes clear from the start that he won’t be pulling any punches. He explains that the purpose of his essay, Against Utilitarian Fundamentalism, is to address the misleading and polarizing conclusions of Mark Lemley’s 2015 article, Faith-Based Intellectual … Continue reading “In Defense of an Inclusive IP Conversation”

Proposed CREATES Act Threatens Patent Owners’ Rights

By Erika Lietzan, Kevin Madigan, & Mark Schultz Earlier this month, a bipartisan group of Senators introduced the Creating and Restoring Equal Access to Equivalent Samples Act (or CREATES Act). The proposed bill is aimed at deterring what the bill’s author, Sen. Patrick Leahy, claimed were “inappropriate delay tactics that are used by some brand-name … Continue reading “Proposed CREATES Act Threatens Patent Owners’ Rights”

Weighing the Patent System

Here’s a brief excerpt of an op-ed by Adam Mossoff that was published in The Washington Times: As the push for legislation making broad and wide-ranging revisions to the patent system has stalled, its advocates have shifted tactics. They have carved out the provision in H.R. 9 (the tendentiously named “Innovation Act”) that revises the … Continue reading “Weighing the Patent System”

Changes to Patent Venue Rules Risk Collateral Damage to Innovators

Advocates for changing the patent venue rules, which dictate where patent owners can sue alleged infringers, have been arguing that their remedy will cure the supposed disease of abusive “trolls” filing suit after suit in the Eastern District of Texas. This is certainly true, but it’s only true in the sense that cyanide cures the … Continue reading “Changes to Patent Venue Rules Risk Collateral Damage to Innovators”

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”

Jennifer Lawrence Movie “Joy” Highlights the Need for Patent Protection

The following guest post comes from Rebecca Cusey, a second year law student at George Mason University School of Law and a movie critic at The Federalist. By Rebecca Cusey There are two patents in the movie “Joy”: the one the titular character failed to get and the one for which she is willing to … Continue reading “Jennifer Lawrence Movie “Joy” Highlights the Need for Patent Protection”

Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong

By Mark Schultz & Adam Mossoff A handful of increasingly noisy critics of intellectual property (IP) have emerged within free market organizations. Both the emergence and vehemence of this group has surprised most observers, since free market advocates generally support property rights. It’s true that there has long been a strain of IP skepticism among … Continue reading “Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong”

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 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”