Posts Tagged: Congress

Move over Patent Trolls, Efficient Infringement has arrived on the Hill

But now, after quickly dispatching with the patent troll meme as much ado about nothing, we can, should and must now unleash a more simplified counter attack …

Trader Joe’s and Extraterritorial Application of the Lanham Act

Trader Joe’s sued Hallatt (d/b/a Pirate Joe’s) for trademark infringement in the Western District of Washington, invoking the court’s federal question and …
By Brian Focarino
1 month ago 1

Hearing on Examiner Fraud a Big, Fat Nothing Burger

Prepared statements released in advance of the hearing talked tough, but that was pretty much it. Insofar as getting to the root of the problems identified in …
By Gene Quinn
1 month ago 23

The Supreme Court May Give Product Designers Little to Cheer in Star Athletica

The Supreme Court granted certiorari this term in Star Athletica, L.L.C. v. Varsity Brands, Inc., which considers whether typical designs on cheerleading uniforms can be …
By Lee Burgunder
1 month ago 0

Happy Birthday AIA: Celebrating an Unmitigated Disaster and the Destruction of American Innovation

All of the post grant challenges ushered in by the America Invents Act (AIA) were a bad idea. They never should have been created in the first …
By Gene Quinn
1 month ago 18

The America Invents Act on Its Fifth Anniversary: A Promise Thus Far Only Partially Fulfilled

Unfortunately, Mr. President, after five years I cannot report back that the AIA has yet ”improve[d] patent quality and help[ed] give entrepreneurs the protection and …
By Phil Johnson
1 month ago 3

House Judiciary subcommittee questions Lee on preventing time and attendance abuse at USPTO

“My team and I do not tolerate time and attendance abuse,” Lee told the subcommittee. While she did note that the USPTO had taken disciplinary actions against …
By Steve Brachmann
1 month ago 15

Constitutional and Economic Policy Problems Raised by Inter Partes Review (IPR) Suggest Congress Should Consider Acting

If Congress, nevertheless, is unmoved by the constitutional arguments for reforming the IPR process, it should weigh the strong economic policy arguments supporting IPR reform, which are …
By Alden Abbott
1 month ago 10

10% of judicial emergencies are in EDTX, the preferred venue for patent litigation

Three of the judicial emergencies, just less than 10 percent of all judicial emergencies in the U.S. federal court system, are in the U.S. District Court …
By Steve Brachmann
2 months ago 4

Why Removing Section 101 Won’t be Enough

Removing section 101 would remove the language granting patents only to processes, machines, manufactures, compositions of matter, or new and useful improvements thereof. These categories however have only …
By Daniel Cole
3 months ago 52

Public Health and Bioscientific War on Superbugs is Hobbled by IP Uncertainties

How will our patent system treat this wonderful new discovery? How long will it take before its curative benefits can be deployed ? We can only hope that …
By Chris Gallagher
3 months ago 5

Interoperability in electronic health records between VA, DoD the subject of Senate appropriations subcommittee hearing

The VA announced this April that its EHR system had reached certification for interoperability, months after the DoD had reached the same milestone, but investigators at the …
By Steve Brachmann
3 months ago 0

After Cuozzo, Congress Must Take Back the Ball

While the Supreme Court spoke clearly and unanimously on the issue in Cuozzo, this hardly means the standard to be applied to claim construction in IPRs has …
By Jonathan Tropp
3 months ago 8

Business interests and consumer concerns clash at Senate hearing on FCC’s broadband privacy rules

On the morning of Tuesday, July 12th, members of the U.S. Senate Committee on Commerce, Science, & Transportation convened for a hearing on a notice of proposed …
By Steve Brachmann
3 months ago 3

Rep. Lamar Smith calls NOAA ‘afraid of innovation’ during hearing on weather satellites

The day’s most withering criticisms, however, came from the House science committee’s ranking Republican, Rep. Lamar Smith (R-TX). Smith contended that NOAA’s problems had …
By Steve Brachmann
4 months ago 0