Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System

Two years ago, CPIP published an issue paper warning about the tremendous potential for abuse inherent in the America Invents Act’s newly-created administrative review programs. It now appears that several members of Congress are concerned as well. On December 5, 2016, a bipartisan group of New York representatives sent a letter to Michelle Lee, Director … Continue reading “Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System”

New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule

CPIP Research Scholar Jonathan Putnam and co-author Tim Williams’ paper “The Smallest Salable Patent-Practicing Unit (SSPPU): Theory and Evidence,” shows how poorly patent law measures the value of litigated patents. Using theory and empirical evidence, they show that the economic contribution of patented technology is better measured by the output, such as the commercial product, … Continue reading “New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule”

Digital Single Market Must Protect the Rights of All Authors and Publishers

Cross-posted from the Mister Copyright blog. In 2015, the European Commission unveiled a plan to “create a free and secure digital single market” that would expand and standardize the EU’s digital economy for the benefit of consumers. The strategy was named the Digital Single Market and one of its objectives is to modernize the EU copyright … Continue reading “Digital Single Market Must Protect the Rights of All Authors and Publishers”

New Paper Addresses Flaws in Patent Holdup Theory

Stephen Haber and Alexander Galetovic of the Hoover Institution’s Working Group on Intellectual Property, Innovation and Prosperity (IP2) published a new working paper on the problems with Patent Holdup Theory. In “The Fallacies of Patent Holdup Theory,” Professors Haber and Galetovic show that Patent Holdup Theory is based on three fundamental errors. Professor Haber presented … Continue reading “New Paper Addresses Flaws in Patent Holdup Theory”

Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines

An oil well drilling rig is not an abstract idea. A method of operating an oil well drilling rig is also not an abstract idea. This proposition should be clear to all, but in TDE Petroleum Data Solutions v AKM Enterprise, the Federal Circuit held that a method of operating an oil well drilling rig … Continue reading “Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines”

New CPIP Report: The Global Patent Pendency Problem

Why are some of the biggest fights about patent policy almost pointless in some places? Because in many countries, including some of the world’s most important emerging economies, it takes so long to get patents that the rights have little meaning. The Center for the Protection of Intellectual Property (CPIP) released a report today entitled The Long … Continue reading “New CPIP Report: The Global Patent Pendency Problem”

Content Thief Turned Content Creator Rails Against Piracy

Cross-posted from the Mister Copyright blog. Last week, YouTube celebrity (yes, that’s a thing now) Olajide “JJ” Olatunji posted an expletive-filled tirade aimed at those illegally downloading his new movie “Laid in America.” After fans of Olatunji (aka KSI), whose YouTube page has over 14 million subscribers, began notifying him of the film’s availability on a … Continue reading “Content Thief Turned Content Creator Rails Against Piracy”

Second Circuit Brings Some Sanity Back to Transformative Fair Use

The Second Circuit handed down an opinion in TCA Television v. McCollum earlier this week holding that a play’s inclusion of Abbott and Costello’s famous “Who’s on First?” routine was not transformative fair use. Given how expansive transformativeness has become lately, especially in the Second Circuit, the opinion is somewhat surprising. What’s more, it’s not … Continue reading “Second Circuit Brings Some Sanity Back to Transformative Fair Use”

Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung

In Apple v. Samsung, the Supreme Court is presented with a classic issue of statutory interpretation in the case that has come to exemplify the Smart Phone Wars. In one of the many lawsuits brought by Apple against Samsung after Samsung rejected Apple’s offer to license its patents, a jury found Samsung liable for infringing Apple’s … Continue reading “Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung”

WALA and Arts & Entertainment Advocacy Clinic Hosting Copyright Clinic and Panel

Scalia Law’s Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA) are hosting a Copyright Clinic and Panel on the evening of Tuesday, November 1st, 2016, at the law school. The event, which is free and open to the public, will give local artists, authors, and photographers the opportunity to join … Continue reading “WALA and Arts & Entertainment Advocacy Clinic Hosting Copyright Clinic and Panel”