George Mason University Antonin Scalia Law School

Federal Circuit Threatens Innovation: Dissecting the Ariosa v. Sequenom Opinion

By Patent Publius Earlier this month, the Federal Circuit issued its opinion in Ariosa v. Sequenom, a closely-watched biotechnology case with significant repercussions for patent-eligibility analysis generally. Unfortunately, the Federal Circuit misapplies the Supreme Court’s analytical framework from Mayo v. Prometheus, striking down Sequenom’s important innovation for the prenatal diagnosis of fetal abnormalities. The shame … Continue reading “Federal Circuit Threatens Innovation: Dissecting the Ariosa v. Sequenom Opinion”

Supreme Court Recognizes that Patents are Property

By Adam Mossoff In an important decision handed down today, the Supreme Court explicitly recognized that patents are property secured by the Fifth Amendment Takings Clause. In Horne v. Department of Agriculture, the Court held that the Takings Clause imposes a “categorical duty” on the government to pay just compensation whether it takes personal or … Continue reading “Supreme Court Recognizes that Patents are Property”

The Commercial Value of Software Patents in the High-Tech Industry

In CPIP’s newest policy brief, Professor Saurabh Vishnubhakat examines the important role patents play in commercializing software innovation and supporting technology markets. He explains how a proper understanding of this commercial role requires a broader view of patents in software innovation than the all-too-common focus on a small handful of litigated patents and legal questions … Continue reading “The Commercial Value of Software Patents in the High-Tech Industry”

Copyright’s Republic: Promoting an Independent and Professional Class of Creators and Creative Businesses

By Mark Schultz and Devlin Hartline The following essay is the first in a series of CPIP essays celebrating the 225th anniversary of the Copyright Act by recognizing the rich purposes, benefits, and contributions of copyright. This series of essays will be published together in a forthcoming collection entitled “Copyright’s Republic: Copyright for the Last … Continue reading “Copyright’s Republic: Promoting an Independent and Professional Class of Creators and Creative Businesses”

Copyright’s Republic: Copyright for the Last and the Next 225 Years

By Mark Schultz and Devlin Hartline This past Sunday marked the 225th anniversary of the first U.S. Copyright Act. As we move well into the twenty-first century, a claim that copyright no longer “works” in the “digital age” has become commonplace – so commonplace, in fact, that it’s arguably the dominant cliché in modern copyright … Continue reading “Copyright’s Republic: Copyright for the Last and the Next 225 Years”

CPIP Supports Guidelines for the Protection of Fundamental IP Rights

February 2, 2015 The Center for the Protection of Intellectual Property (CPIP) is proud to join today’s open letter to Congress providing a set of guidelines for considering laws and regulations governing intellectual property. The letter outlines some of the fundamental economic and moral considerations that underscore the benefits of strong intellectual property rights. Framed by the following guidelines, the letter … Continue reading “CPIP Supports Guidelines for the Protection of Fundamental IP Rights”

Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda

The following is taken from a CPIP policy brief by Professor Richard A. Epstein.  A PDF of the full policy brief is available here. Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda Executive Summary There are increasing complaints in both the European Union and the United States about a systematic bias … Continue reading “Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda”

Cohen et al. “Patent Trolls” Study Uses Incomplete Data, Performs Flawed Empirical Tests, and Makes Unsupportable Findings

PDF summary available here I.   Introduction A recent draft study about patent licensing companies entitled “Patent Trolls: Evidence from Targeted Firms” is making the rounds on Capitol Hill and receiving press coverage. This attention is unfortunate, because the study is deeply flawed and its conclusions cannot and should not be relied upon. If the … Continue reading “Cohen et al. “Patent Trolls” Study Uses Incomplete Data, Performs Flawed Empirical Tests, and Makes Unsupportable Findings”

IP Promotes Progress by Securing the Individual Liberty of Inventors and Creators

This is the third in a series of posts summarizing CPIP’s 2014 Fall Conference, “Common Ground: How Intellectual Property Unites Creators and Innovators.” The Conference was held at George Mason University School of Law on October 9-10, 2014. Videos of the conference panels and keynote will be available soon. The second panel of CPIP’s 2014 … Continue reading “IP Promotes Progress by Securing the Individual Liberty of Inventors and Creators”

The Common Economic Case for Patents and Copyrights

This is the second in a series of posts summarizing CPIP’s 2014 Fall Conference, “Common Ground: How Intellectual Property Unites Creators and Innovators.” The Conference was held at George Mason University School of Law on October 9-10, 2014.  Videos of the conference panels and keynote will be available soon. The opening panel of CPIP’s 2014 … Continue reading “The Common Economic Case for Patents and Copyrights”