Busting Smartphone Patent Licensing Myths

CPIP has released a new policy brief, Busting Smartphone Patent Licensing Myths, by Keith Mallinson, Founder of WiseHarbor. Mr. Mallinson is an expert with 25 years of experience in the wired and wireless telecommunications, media, and entertainment markets. Mr. Mallinson discusses several common myths concerning smartphone patent licensing and argues that antitrust interventions and SSO … Continue reading “Busting Smartphone Patent Licensing Myths”

Google’s Patent Starter Program: What it Really Means for Startups

The following guest post comes from Brad Sheafe, Chief Intellectual Property Officer at Dominion Harbor Group, LLC. By Brad Sheafe Recalling its rags-to-riches story of two guys with nothing but a great idea, a garage, and a hope of making the world a better place, Google recently announced its new Patent Starter Program. As part … Continue reading “Google’s Patent Starter Program: What it Really Means for Startups”

Statement of Professor Adam Mossoff on Akamai v. Limelight

By Adam Mossoff In Akamai v. Limelight, the Federal Circuit expanded its definition of what it means for someone to be directly liable for patent infringement when they direct or control other people’s actions.  Through its proper judicial role in interpreting the meaning of the portion of the Patent Act defining direct infringement — Section … Continue reading “Statement of Professor Adam Mossoff on Akamai v. Limelight”

Digital Goods and the ITC: The Most Important Case That Nobody is Talking About

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 … Continue reading “Digital Goods and the ITC: The Most Important Case That Nobody is Talking About”

How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms

We’ve all heard the narrative about patent licensing firms, often referred to pejoratively as “patent trolls.” These patent owners, who choose to license their innovations rather than build them, are the supposed poster-children of a “broken” patent system. It’s as if commercializing one’s property, just like a landlord leases his land for another to use, … Continue reading “How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms”

The One Year Anniversary: The Aftermath of #AliceStorm

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 … Continue reading “The One Year Anniversary: The Aftermath of #AliceStorm”

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”

Unintended Consequences of “Patent Reform”: The Customer Suit Exception

In the last two weeks, the House and Senate Judiciary Committees marked up wide-ranging patent legislation ostensibly aimed at combating frivolous litigation by so-called “patent trolls.” But while the stated purpose of the House and Senate bills—H.R. 9 (the “Innovation Act”) and S. 1137 (the “PATENT Act”), respectively—is to combat abusive litigation, a closer look … Continue reading “Unintended Consequences of “Patent Reform”: The Customer Suit Exception”

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”