CPIP Roundup – August 31, 2020

Greetings from CPIP Executive Director Sean O’Connor August has seen the beginning of a highly unusual school year, but I hope everyone is continuing to stay safe. And, since even a pandemic can’t keep the world from having a busy back-to-school month, I’ll keep this month’s note short. First, we’re gearing up for The Evolving … Continue reading “CPIP Roundup – August 31, 2020”

Consumer Perception Wins the Day: A Case Overview of USPTO v. Booking.com

The following post comes from Ryan Reynolds, a rising 3L at Scalia Law and a Research Assistant at CPIP. By Ryan Reynolds Last week, the Supreme Court in USPTO v. Booking.com held that a combination of an otherwise generic term and a generic top-level domain (TLD) may be protected as a trademark so long as … Continue reading “Consumer Perception Wins the Day: A Case Overview of USPTO v. Booking.com

New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach

What if there is a way for a patent applicant to obtain a “gold-plated patent” that is immune to administrative cancellation before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (PTO)? This intriguing notion is the subject of a recent paper by Professor Michael S. Greve of Scalia Law, … Continue reading “New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach”

New CPIP Policy Brief: Barnett on the End of Patent Groupthink

In a new CPIP policy brief entitled The End of Patent Groupthink, CPIP Senior Fellow for Innovation Policy Jonathan Barnett highlights some cracks that have emerged in the recent policy consensus that the U.S. patent system is “broken” and it is necessary to “fix” it. Policymakers have long operated on the basis of mostly unquestioned … Continue reading “New CPIP Policy Brief: Barnett on the End of Patent Groupthink”

How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It

Earlier this week, the Supreme Court handed down its decision in Fourth Estate v. Wall-Street.com, a case examining the registration precondition to filing a suit for copyright infringement in the federal district courts. While I agree with the Court’s exegesis of the statute at issue, it’s worth noting how the Court’s construction leaves many, if … Continue reading “How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It”

Supreme Court Holding on Recoverable Costs Misses the Mark

On Monday, the Supreme Court issued a decision holding that the “full costs” available to a prevailing party in a copyright dispute are limited to those litigation expenses specified as taxable under federal law. The opinion by Justice Kavanaugh reverses a Ninth Circuit interpretation of 17 USC § 505, which held that any costs incurred … Continue reading “Supreme Court Holding on Recoverable Costs Misses the Mark”

Supreme Court to Assess USPTO’s Controversial Attorneys’ Fees Position

By Chris Katopis & Devlin Hartline This week, the U.S. Supreme Court agreed to hear an important case concerning patent law procedures and the American legal system in general. In Iancu v. NantKwest, the Court asks, “Does all really mean all?” Specifically, the Court will examine whether Section 145 of the Patent Act, which provides … Continue reading “Supreme Court to Assess USPTO’s Controversial Attorneys’ Fees Position”

Statement of Professor Adam Mossoff on Oil States v. Greene’s Energy

The statement below is from Professor Adam Mossoff, whose law review articles (here and here) were heavily cited in Justice Gorsuch’s dissent (joined by Chief Justice Roberts) in today’s opinion in Oil States v. Greene’s Energy. Adam Mossoff Professor of Law Antonin Scalia Law School, George Mason University For the first time, the Supreme Court … Continue reading “Statement of Professor Adam Mossoff on Oil States v. Greene’s Energy”

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”

An Ever-Weakening Patent System is Threatening the Future of American Innovation

Over the past ten years, the United States patent system has been transformed by new legislation, regulatory actions, and numerous decisions by the Supreme Court addressing nearly every area of patent doctrine. The many disruptive legal changes have affected infringement remedies, licensing activities, and what types of inventions and discoveries are eligible for patent protection, … Continue reading “An Ever-Weakening Patent System is Threatening the Future of American Innovation”