By Kristen Osenga Cross-posted with permission from Professor Osenga’s December 8, 2025, LinkedIn article I’ve seen a lot of misinformation circulating online lately about patents and their role in drug […]
[Archived Post] Rethinking § 101: Professor Talha Syed Takes a Different Look at Subject Matter Eligibility
The following post comes from Colin Kreutzer, a 2E at Scalia Law and a Research Assistant at CPIP. By Colin Kreutzer When most people think of patentability requirements, they think […]
[Archived Post] New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach
What if there is a way for a patent applicant to obtain a “gold-plated patent” that is immune to administrative cancellation before the Patent Trial and Appeal Board (PTAB) at […]
[Archived Post] Flawed Marginal Cost Theory Should Not Be Applied to Intellectual Property
Recent calls for the government to lower prescription drug prices by overriding patent rights include proposals for the establishment of a marginal cost pricing system in the pharmaceutical industry (and […]
[Archived Post] Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property
By Kathleen Wills* The question whether patents are property rights is a continuing and hotly debated topic in IP law. Despite an abundance of scholarship (see here, here, here, here, […]
[Archived Post] Explaining Efficient Infringement
By Adam Mossoff & Bhamati Viswanathan In a recent New York Times op-ed, “The Patent Troll Smokescreen,” Joe Nocera used in print for the first time the term, “efficient infringement.” […]
[Archived Post] Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine
By Adam Mossoff and Kevin Madigan Following the Supreme Court’s four decisions on patent eligibility for inventions under § 101 of the Patent Act, there has been much disruption and […]
[Archived Post] 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 […]
[Archived Post] 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 […]
[Archived Post] Unintended Consequences of “Patent Reform”: The Customer Suit Exception
By Devlin Hartline 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 […]