Artificial intelligence (AI) is now at the heart of modern innovation, but we know surprisingly little about how AI patents perform when they are challenged in U.S. district courts. This Article offers the first large-scale empirical study… Read More »
Fact Sheet: Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2025 By Kristen Jakobsen Osenga To read the full fact sheet, click here.
Between 2004 and 2017, venture capital investment in patent-intensive industries fell from over 50% to 28% of total U.S. VC funding. The share of VC for pharmaceutical startups collapsed from 7% to under 1%, while medical devices… Read More »
The United States is undergoing a generational shift in how economic policy intersects with national security. Decades of globalization have exposed critical vulnerabilities in the U.S. economy, as dependence on foreign competitors for essential goods and the… Read More »
The RESTORE Patent Rights Act would redress serious legal and economic ills created by the Supreme Court in its 2006 eBay v. MercExchange decision and its mistaken interpretation of the patent laws that traditionally have secured property… Read More »
Executive Summary: • In the 2006 eBay Inc. v. MercExchange LLC decision, the U.S. Supreme Court abandoned the longstanding principle that a patent owner is presumptively entitled to an injunction once it defends validity and demonstrates infringement…. Read More »
Introduction Since its inception in the late 1990s, the mobile communications device industry has revolutionized everyday life and, in the process, generated immense economic value by enabling new business models and industries that would previously have been… Read More »
In Patent Litigation, knowledge is power. To produce this study, Marcum’s team collected two decades of court information on awards, rulings, and disputes to uncover the patent law trends that patent holders, legal advisors, and IP professionals can… Read More »
Executive Summary Although administrative patent trial proceedings under the Leahy-Smith America Invents Act (AIA) have done much to improve the efficient reevaluation of patent validity, significant problems remain. Divergent burdens of proof among the United States Patent… Read More »
Executive Summary The law surrounding patent eligibility, or the standard for what types of invention are able to be patented, has changed dramatically over the last fifteen years. What started as a broad and inclusive standard, “anything… Read More »
