Posts Tagged: Ebay v. Mercexchange
How Patents Enable Mavericks and Challenge Incumbents
Advocates for “patent reform” have long argued that reducing patent protection will open up markets and accelerate innovation by lowering entry barriers and expanding access to existing …
Masters Offer Hope for Patents Despite Current Challenges
Experts speaking during IPWatchdog’s Virtual Patent Masters Symposium yesterday expressed concern over the state of the U.S. patent system, but also offered a number of …
Trademark Modernization Act Would Restore Presumption of Irreparable Harm in Trademark Cases
Senators Thom Tillis (R-NC) and Chris Coons (D-DE) and Representatives Hank Johnson (D-GA), Doug Collins (R-GA), Martha Roby (R-AL) and Jerry Nadler (D-NY) yesterday introduced legislation to …
The Impact of Overturning eBay v. MercExchange
At a time when most policymakers rightly argue that China and other countries need to do more to clamp down on intellectual property infringement, overturning the four-factor …
Why eBay v. MercExchange Should, But Won’t, Be Overruled
As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
Obtaining Injunctions Under eBay Versus at the International Trade Commission
Prior to the Supreme Court’s decision in eBay v. MercExchange, 547 US 388 (2006), it was fairly routine for a victorious patent owner who prevailed on a finding of …
Another Front in China’s Economic War: Senate IP Subcommittee Seeks to Solve USPTO’s Fraudulent Trademarks Problem
Senator Thom Tillis (R-NC) yesterday led a hearing of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property titled “Fraudulent Trademarks: How They Undermine the …
One Inventor’s Unsolicited Congressional Testimony Following Arthrex
Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
Civil Debate is a Fair Request, But False Narratives are Harming U.S. Innovation
Yesterday, we published a response from Daniel Takash, the Regulatory Policy Fellow at the Niskanen Center’s Captured Economy Project, asking for a more civil IP debate. …
ITC Investigates University of California Complaint Against Amazon and Other Major Retailers
In late August, the U.S. International Trade Commission published a notice of institution of a Section 337 investigation on behalf of the Regents of the University of …
The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law
Last week the United States Court of Appeals for the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC …
A Step Forward for the STRONGER Patents Act
The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
New Hampshire Supreme Court Affirms Dismissal of Patent Troll Defamation Case
On August 16, the Supreme Court of New Hampshire issued an opinion in Automated Transactions, LLC v. American Bankers Association affirming a lower court’s decision to grant …
House Hearing Highlights China, E-Commerce Contributions to Cluttering of U.S. Trademark Register
At a hearing of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet this morning, titled Counterfeits and Cluttering: Emerging Threats to the …
Coons and Stivers Reintroduce Measure to Make the U.S. Patent System STRONGER
Senator Chris Coons (D-DE) and Congressman Steve Stivers (R-OH) reintroduced the STRONGER Patents Act of 2019 today in an event on Capitol Hill. Coons first introduced the STRONG …
