By Devlin Hartline & Matthew Barblan
In its ClearCorrect opinion from early 2014, the International Trade Commission (ITC) issued cease and desist orders preventing the importation of infringing digital goods into the United States. The ITC’s 5-1 opinion has since been appealed to the Federal Circuit, with oral argument scheduled for the morning of August 11th, and the case has drawn a number of amicus briefs on both sides. Read more
The following post, by Robert R. Sachs, first appeared on the Bilski Blog, and it is reposted here with permission.
It’s been one year since the Supreme Court’s decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to “tread carefully” before invalidating patents, and emphasizing that the primary concern was to avoid preemption of “fundamental building blocks” of human ingenuity. Read more
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. Read more
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 real property. Read more
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 of patentability and patent quality. Read more
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 and the Next 225 Years.” Read more
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 discussions. Read more
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. Read more
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 in China’s enforcement of its Anti-Monopoly Law (AML). Read more
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. Read more