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Posts Tagged: "wall street journal"

Let’s Put this Myth to Bed: The Eastern District of Texas is Not Plaintiff-Friendly

Over the last several days, the Wall Street Journal has reported on numerous federal district court judges that it says have violated the Code of Judicial Conduct by not recusing themselves in cases where they, or their spouse, held a pecuniary interest. The Journal reporting finds that, in most cases, the judges seem to have mistakenly believed that if they or their spouses owned stock in a company and their portfolio was blindly or privately managed by a money manager without input or knowledge, they did not need to recuse themselves. That, however, is not the standard according to the Office of Administrative Courts. The judge identified as the one who most frequently failed to recuse himself was Rodney Gilstrap, Chief Judge of the United States Federal District Court for the Eastern District of Texas. Judge Gilstrap is well known throughout the country as the jurist with who, over the last decade, has had the largest docket of patent infringement cases, including virtually every patent case filed in the Eastern District of Texas.

Chertoff Op-Ed on FTC v. Qualcomm Misrepresents the National Security Threat

On November 25, former Director of Homeland Security Michael Chertoff wrote an opinion piece in the Wall Street Journal that chastised the Department of Energy for filing an amicus brief on behalf of Qualcomm in a case that can only be properly described as the ongoing persecution of Qualcomm at the hands of the Federal Trade Commission (FTC). What Chertoff fails to state, however, is that not only has the Department of Energy come out in support of Qualcomm, but so too has the Department of Justice, as well as many others, including former Federal Circuit Chief Judge Paul Michel.  Chertoff also conveniently fails to mention the genesis of the Qualcomm case; namely that it was filed by the FTC several days prior to the end of the Obama Administration at the behest of Apple.

The ‘Dragon’ Targets U.S. Biopharma Lead

Perhaps the report on China’s strategy for eclipsing the U.S. lead in biopharma from the Information Technology & Innovation Foundation (ITIF) resonated so strongly with me because of several articles in The Wall Street Journal. Taken together, they present a sobering picture of what we’re up against. The first was a book review of “Leadership and the Rise of Great Powers” by Yan Xuetong, a prominent Chinese professor. Characterized as “a window into Chinese elite thinking about the world; it is as much a political manual as an international-relations text book.”  The thesis is the inevitable rise of China as the world’s dominant power at the expense of the United States.

Judge Koh Delivers Qualcomm Brutal Defeat Despite Apple’s Proven Manipulation

In a 233-page Order issued yesterday, Judge Lucy Koh of the United States Federal District Court for the Northern District of California handed Qualcomm a stinging defeat in the case brought by the Federal Trade Commission (FTC) alleging that Qualcomm engaged in unlawful licensing practices. It was just three weeks ago that Apple and Qualcomm entered into a peace treaty. The revelations about Apple’s coordinated efforts to manipulate the licensing market by shrewdly challenging inferior patents to beat down prices should have led to the FTC dropping its pursuit of Qualcomm. It is no secret that Apple has urged regulators all over the world to chase Qualcomm for alleged anticompetitive licensing practices, but it has now come out in federal court proceedings that Apple just didn’t like the rate it agreed to pay Qualcomm and decided to manipulate the marketplace and then use that manipulation to pull the wool over the eyes of regulators, including the FTC, in an attempt to leverage a better deal with Qualcomm.Apple succeeded in achieving peace with Qualcomm, although the company has been badly beaten by Apple in near collusion with regulators all over the world. So why would the FTC continue to persecute Qualcomm given the revelations in the Apple/Qualcomm litigation that demonstrate that Qualcomm did not seek an unreasonably high licensing rate?

Qualcomm Survives Apple Manipulation, But FTC Continues Reckless Pursuit

Now that Apple and Qualcomm have made peace it would be easy to allow the case and the issues to recede into the background. That is likely what Apple would prefer, and almost certainly why Apple made the decision to settle with Qualcomm rather than proceed with trial. The case presented an existential threat for Qualcomm, which would have required the San Diego tech company to fight as if the company depended on victory–because it did.  What is most shocking is how successful Apple was in its coordinated effort to manipulate the licensing market and effectively extinguish any reasonable notion of a fair, reasonable, and non-discriminatory rate (FRAND) in the process. Meanwhile, fabricated licensing rates wholly unrelated to the Qualcomm portfolio were used by Apple to dupe regulators into chasing Qualcomm across the world for committing phantom antitrust violations.

As Google’s Ad Revenue Slows, Alphabet May Soon Regret Its Anti-Patent Strategy

This morning’s edition of the Wall Street Journal carried a front-page article describing how the once mighty and untouchable online-advertising operation at Google has begun to struggle thanks to increased competition. With a disappointing revenue report that shows Google ad revenue slowing, and an inability or refusal to answer questions yesterday on the earnings call, Alphabet stock is currently heading for its worst trading day. Google accounts for over 99.5% of Alphabet revenue, so a slowdown in advertising revenue should be and is alarming. Online advertising revenue is where Google, and therefore Alphabet, derives its revenue.

Theftovation: Facebook ‘Likes’ Copying Ideas

The Wall Street Journal explains ithat the Silicon Valley culture has long regarded copying as a good thing and necessary for rapid growth, first to market, first mover advantage, network effects, world domination, liquidity for early investors and Founders, etc. What complete and total garbage. When you live in a culture that tolerates and even promotes copying that is, in fact, what you get. When everyone copies everyone that means no one is innovating. Many studies and articles in recent years have highlighted how we have a net loss of startups over the past 30 years and that companies are no longer innovating.

The UN has Better Things to do Than Destroy Innovation

The UN Panel unfortunately squandered its 9-month gestation period. It stuffed into one repository every long-discarded remnant of anti-patent and pro-price-control schemes buried in IP’s historic landfill. Its Report expressly recommended directives to carry out each of them, demonstrating their counterproductive unworkability. After cramming each policy device into a trashcan of unworkable IP stratagems, they waited until the last minute and dumped it on the doorstep of the UN General Assembly. As University of Chicago Economist Tomas Philips concisely explains in this weekend’s WSJ, the UNHLP’s recommendations are nonsensical.

Patent reformers resort to misrepresentations in WSJ op-ed

It should be self-evident that not all patent owners are patent trolls, and when you acquire rights it is not an economic cost, yet these absurd propositions are at the foundation of the Bessen/Meurer “study” relied upon by Chambers and Ullman. Shame on anyone who uses the thoroughly discredited, agenda driven, biased conclusions of Bessen and Meurer. Shame on Congress if they are swayed by such snake oil and shiny objects. The Bessen/Meurer conclusions, seriously flawed as they are, shouldn’t be used to destroy the patent system and tilt patent laws toward infringers and away from innovators.

Setting the Record Straight: Patent Trolls vs. Progress

Mr. Kessler believes that Mr. Madison did not understand what he was doing or, at best, did not foresee the expense that patent litigation would involve in the 21st century. In fact, the founding fathers knew exactly what they were doing when writing the intellectual property clause into the U.S. Constitution. They were protecting the individual from the overwhelming power of large entities. They were enacting the very principles of American society for which we fought the Revolutionary War. Since 1790 the U.S. patent system has contributed to America becoming the most innovative society in the history of the world. Fundamentally changing the system in the ways suggested by Mr. Kessler would stifle that innovation.

Shooting Ourselves in the Foot

Contrary to the tone of the Jobs Council report, U.S. academic technology commercialization made possible by Bayh-Dole is a world- wide recognized success. The law allowed universities and small companies to own and manage inventions arising from federally supported R&D. It decentralized technology management from Washington, allowing a market driven system to flourish. It did not create any new bureaucracy to select winners and losers. And it works in the hard, cold light of day.

Beware of Third Party Facebook Application Security Risks

You’ve seen it all over the place… Privacy Concerns, Security Issues, Identity Stolen, Dangers of Social Networking, Social Media Threats, Personal Information Sold. All too often Facebook is the culprit; notorious for breaching the confidences of the hundreds of millions of users who have profiles on the ever-popular Social Networking site. The Wall Street Journal reported yesterday that their own investigations into Facebook uncovered that many of the more popular third party applications being used on Facebook have been providing access of personal information to dozens of advertising companies.

News, Notes & Announcements

In this edition of News, Notes & Announcements, the mother of all patent trolls, Acacia Research Corporation, scores two more licensing agreements, one with IBM the other with US Cellular. Samsung Electronics and Stanford Law School are combining forced to co-sponsor a patent prize for excellent writing about patent law, with real money awarded to the winner and runners-up; $10,000 and $5,000 respectively. AIPLA announced that David Kappos will give the keynote speech at the annual meeting on Thursday, October 21, and Judge Gajarsa will speak on Friday and Chief Judge Rader will participate in a panel on the amicus process. The Wall Street Journal is reporting about new challenges to cookies tracking our every move online, and BIO is the charter sponsor of a new weekly public affairs television program called BioCentury This Week, which premiered yesterday and is available on the web.

Wall Street Journal Profiles Medical Marijuana, but not Important USPTO Issues

Earlier today the Wall Street Journal gave front page space to a story relating to the United States Patent and Trademark Office. Widely regarded as one of the “papers of record” in the United States, one might expect that the Wall Street Journal had brought its considerable clout to an important issue plaguing our time, such as an horribly under funded Patent Office that is holding innovation hostage, costing America perhaps millions of jobs. NO! Don’t get me wrong, every tabloid should have front page news story about pot, medical marijuana and have an image of a VW bus over the tag “the Canny Bus,” as the Journal did earlier today. Call me crazy, but I expected more from the Wall Street Journal.

JCVI Creates World’s First Genetically Engineered Self-Replicating Synthetic Bacterial

You just couldn’t make this stuff up. A team of humans creates genetically altered and a self-replicating synthetic cell using a computer. I suspect that computer was running some pretty powerful and sophisticated software. So the anti-patent crowd should be sufficiently whipped into a frenzy over this story top to bottom. It hits all the hot button issues, life, genetics, software, ethics and it rolls them all into one. But while we might relish the anguish of those in the anti-patent community, this type of scientific advance should not be taken lightly because it has the potential to fire up those with an anti-patent agenda and could also fire up religious groups as well. The coming together of such strange bedfellows would result in an alliance with enormous political power. So innovators need to pay attention and be vigilant.