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 […]
Category: Legislation
By Adam Mossoff* and Brian O’Shaughnessy† Originally published in LES (USA & Canada)’s weekly e-newsletter, Insights. On April 29, 2014, the Supreme Court handed down two unanimous decisions in Octane Fitness v. ICON Health & Fitness and Highmark v. Allcare Health Management System, which radically overhaul the rules governing court-awarded attorneys’ fees in patent cases. In brief, the […]
By Steven Tjoe Much of today’s patent policy debate focuses on the dynamics of patent litigation. Sensational anecdotes of abusive demand letters, litigants strategically exploiting bad patents, and tales of so-called “patent trolls” (reinforced by now debunked empirical claims) have captured the public’s imagination and spurred Congress to rush to revise the patent system. Unfortunately, […]
By Steven Tjoe On Thursday March 13, the House Judiciary Committee held a hearing on the Digital Millennium Copyright Act’s (DMCA) notice and takedown system. Among the witnesses testifying at the hearing was CPIP Fellow Professor Sean O’Connor (Washington University School of Law), who offered his insights on Section 512 from his unique position as […]
In conjunction with today’s House Judiciary Committee hearing on the DMCA, CPIP Senior Scholar Prof. Mark Schultz published a critique of the notice and takedown system this morning on AEI’s TechPolicyDaily Blog. In his critique, Prof. Schultz discusses CPIP’s policy brief by Prof. Bruce Boyden, which details the failures of the DMCA – despite the massive number of takedown notices sent, not a […]
Kirtsaeng v. John Wiley & Sons, U.S. Supreme Court, decided March 19, 2013 Chris Newman Assistant Professor of Law George Mason University School of Law This is best described as a decision in which the Court felt compelled to choose between two readings of the Copyright Act, either of which led to unpalatable results. One reading […]
By Michael Risch [The following is a blog posting by Michael Risch, a patent law scholar at Villanova Law School, that he originally posted on March 10, 2013 at the law professor group blog, Madisonian.net, where Professor Risch regularly blogs. Professor Risch kindly gave us permission to repost his blog posting here.] Scratching my Head Over the […]