The Patent and Trial Board (“PTAB”) has come under political pressure for its use of the “Fintiv” doctrine. The Fintiv doctrine, named for the case Apple v. Fintiv, IPR2020-00019, recognizes that the PTAB has discretion on whether… Read More »
To hear it from some critics, the U.S. patent system is buckling under the weight of frenzied and unprecedented patent litigation. The explosion in disputes—so the narrative goes—greatly increases transaction costs and significantly depresses innovation. A scary… Read More »
Both Founding Era sources and 19th-century court decisions, official statements, and commentaries confirm that intellectual property rights are property as a matter of basic legal doctrine and constitutional principle. Yet the Supreme Court seems to have lost… Read More »
The mandate of the National Security Commission on Artificial Intelligence’s (NSCAI) is to make recommendations to the President and Congress to “advance the development of artificial intelligence, machine learning, and associated technologies to comprehensively address the national… Read More »
The Alliance of U.S. Startups and Inventors for Jobs (USIJ) released The Importance of an Effective and Reliable Patent System to Investment in Critical Technologies, a report studying recent trends in venture capital investment in patent-intensive industries…. Read More »
SUMMARY Property rights are essential to a free society and a free market. Courts secure these freedoms, especially the freedom to contract, with injunctions to stop trespasses. Courts recently have eliminated injunctions as remedies for violations of… Read More »
I. INTRODUCTION Patent-eligible subject matter, the doctrine that explains what types of inventions may be patented, is a mess. Over the last decade, the Supreme Court decided four cases that resulted in an unworkable test for patent… Read More »
SUMMARY The innovation industries face a judicially created doctrine that permits unbounded judicial decision making in dissecting claims and results in high rates of invalidations of patents. Congress should reassert the primacy of the statutory language… Read More »
America’s long-standing economic prosperity and global technological leadership depend on a strong and vibrant innovation ecosystem. To maximize the nation’s potential, it is critically important that all Americans have the opportunity to innovate, seek patent protection for their… Read More »
Innovators across the globe filed 3.3 million patent applications in 2018, up 5.2% for a ninth straight yearly increase, according to WIPO’s annual World Intellectual Property Indicators (WIPI) report. Global trademark filing activity rose to 14.3 million, while that… Read More »
