Posts written by:

Josh Landau

Joshua Landau is the Patent Counsel at the Computer & Communications Industry Association (CCIA), where he represents and advises the association regarding patent issues. Mr. Landau joined CCIA from WilmerHale in 2017, where he represented clients in patent litigation, counseling, and prosecution, including trials in both district courts and before the PTAB.

Prior to his time at WilmerHale, Mr. Landau was a Legal Fellow on Senator Al Franken’s Judiciary staff, focusing on privacy and technology issues. Mr. Landau received his J.D. from Georgetown University Law Center and his B.S.E.E. from the University of Michigan. Before law school, he spent several years as an automotive engineer, during which time he co-invented technology leading to U.S. Patent No. 6,934,140.

Follow @PatentJosh on Twitter.

January 8, 2021

Unwired Planet, International Chaos

Late last August, the UK Supreme Court issued a ruling in Unwired Planet permitting UK courts to assert jurisdiction over worldwide rate-setting in standard-essential patent (SEP) disputes. I predicte...

December 9, 2020

Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules

The USPTO is considering whether to enshrine discretionary denial of inter partes review cases into regulation. Last week, comments were due on the most recent portion of this process. (CC...

November 25, 2020

Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost

The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionar...

November 19, 2020

PTAB Denies IPR Petitions Filed Less Than One Month After Lawsuit

On Monday, the PTAB made clear that the ultimate outcome of the Fintiv rule championed by Director Iancu is the elimination of inter partes review (IPR) as a viable alternative to challenging patents ...

October 30, 2020

Trouble In Plaintiff’s Paradise?

There are signs that, despite Judge Albright’s best efforts, the rest of the world might not support turning the Western District of Texas into another NPE haven like the Eastern District in its glo...

October 16, 2020

Cert Granted in Arthrex Case On PTAB Appointments

This week, the Supreme Court granted certiorari in a set of related cases between Arthrex and Smith & Nephew, as well as the federal government. The cases revolve around one fundamental ques...

September 24, 2020

Forum Selling and Judge Shopping—How Two Texas Districts Compete For NPE Cases

Judge Gilstrap of the infamously NPE-friendly Eastern District of Texas used to handle one out of every four patent cases in the entire United States. The Eastern District as a whole handled mor...

September 4, 2020

Unwired Planet Decision May Lead To Crossed Wires On SEP Royalties

Last week, the UK Supreme Court ruled that it was legally permissible for UK courts to set worldwide license rates for patents that are subject to fair, reasonable, and non-discriminatory license (FRA...

August 26, 2020

Paycheck Protection Recipients Among NPE Targets

The Paycheck Protection Program (PPP) is a federal business lending program established by the 2020 CARES Act, intended to help small businesses retain jobs during the pandemic. In order to rece...