Posts Tagged: Congress


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 year 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 year 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
1 year 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
1 year 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
1 year 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
1 year 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
1 year 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
1 year 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
1 year ago 0

Congressional Action Required: Post-Expiration Patent Royalties

Though much of today’s proposed patent legislation is controversial, removal of the Brulotte rule remains largely uncontested by analysts and has historically garnered support on both …
By Leslie Ware & Jaden Warren
2 years ago 6

Termination of an OED Disciplinary Proceeding: How A SOL Defense May Be Properly Construed

The Hearing Order concluded that the parties raised sufficient issues of material fact to warrant the ready-to-go Hearing to determine when respondent’s alleged misconduct was actually “…
By Steve Lipman
2 years ago 2

A Good Opportunity to Reframe the Patent Reform Debate

Corrosive changes in patent law are undermining research university commercialization of patented, federally-funded basic research, endangering our nation’s innovation ecosystem. Mounting uncertainty repels private investment needed …
By Chris Gallagher
2 years ago 9

The Defend Trade Secrets Act of 2016 Creates Federal Jurisdiction for Trade Secret Litigation

There is now federal jurisdiction for trade secret theft. The DTSA creates a federal cause of action for trade secret misappropriation that largely mirrors the current state …

How Congress can ensure the patent system protects inventors and entrepreneurs

Congress can, and should, take at least four steps in restoring the health and vitality of our patent system: First, Congress should ensure that the patent grant …
By Brian O’Shaughnessy
2 years ago 3

WhatsApp end-to-end message encryption draws political ire in U.S. and abroad

In the world of messaging services, the cross-platform mobile messaging app WhatsApp enjoys the enviable position of being the world’s most popular messaging service, eclipsing one …
By Steve Brachmann
2 years ago 0