Posts Tagged: property rights
Property Rights and State AGs’ Assault on Remdesivir: A Conservative Perspective
By now, everyone in the IP arena has heard about the demands of more than 30 state and territorial attorneys general (AGs) regarding the promising COVID treatment remdesivir. …
‘Unalienable Rights’: Understanding America’s Growing Disdain for Physical and Intangible Property
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these …
Legislation Introduced in House to Repeal the PTAB and the AIA
There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
The Supreme Court is wrong, a patent is not a franchise
The word franchise is defined as an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities... …
Why is the Trump DOJ arguing patents are a public right?
It is no surprise to anyone that patent rights in the United States suffered enormously under the two terms served in the White House by President Barack …
Why is PTAB spending precious resources killing good patents?
Patents that have withstood scrutiny in Article III federal courts are not bad patents, they are good patents, and they ought not to be struck down by …
Conservative Thinking on the Critical Issues in Oil States
The Oil States v. Greene’s Energy Group case heard by the U.S. Supreme Court Nov. 27, 2017, has generated much ink, analysis and opinion. Rightly so, given …
An Interesting Year on the Horizon: What to Watch in 2018
The issues I will be watching in 2018 other than Oil States are as follows: (1) What does the new Director of the USPTO do with respect to reforming …
Misrepresentations in Service to Efficient Infringer Lobby
The world of intellectual property law has been abuzz in recent months leading up to oral arguments in front of the U.S. Supreme Court in Oil …
Predicting Oil States after Supreme Court Oral Arguments
After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit …
Open Letter from Conservatives: What’s at stake in Oil States v. Greene’s Energy Group
If wrongly decided, Oil States Energy Services v. Greene’s Energy Group may be the next Kelo v. City of New London decision. At bottom, the case …
Law Professors File Briefs with the Supreme Court in Oil States
A review of amici briefs filed with the U.S. Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC provides evidence of …
The Constitutional Underpinnings of Patent Law
The United States Constitution grants to the Congress the power to grant patents. The relevant portion of the Constitution is Article I, Section 8, clause 8. This clause uses …
McCormick and the Separation of Powers Constraints of Patent Invalidation
The argument that patents are private rights is supported by over two centuries of jurisprudence. Patent rights derive from Article I, section 8, clause 8 of the U.S. …
The Classical Public Rights Doctrine: Growth of the Administrative State
The Crowell Court distinguishes between matters of common law adjudicated in the federal courts and matters that may be reviewed in administrative agencies. However, the Court is …
