Posts
OpenSky’s Sanction and Continued VLSI Patent Review are Both Warranted
Over the past few weeks there have been major developments in the much-discussed dispute related to patents held by the non-practicing entity VLSI Technology. On Patent Progress we have previously wri...
AG Mukasey Winning WSJ Debate Over Fintiv Denials
The recent back-and-forth in the Wall Street Journal between former Attorney General Michael Mukasey and former Federal Circuit Chief Judge Paul Michel is telling about the state of the debate over PT...
Biden’s Regulatory Office Must Closely Review USPTO Rulemaking that Impacts our Economy
In September, President Biden formally nominated Richard Revesz, former Dean of the New York University School of Law, to be Administrator of the Office of Information and Regulatory Affairs (OIRA). T...
The USPTO Must Restore America Invents Act Proceedings
Over the past decade, the Leahy-Smith America Invents Act of 2011 has been discussed and debated extensively in intellectual property circles.
Fintiv: More Work, Less Quality
When the Patent Trial and Appeal Board (PTAB or “Board”) first decided the IPR that led to the Fintiv rule, it justified its decision on the basis of “balanc[ing] considerations such as system e...
A Solution to the OpenSky Problem
I have written several times about the $2.2 billion verdict in the VLSI v. Intel case. The case is extraordinary not just because of the size of the verdict, but because Intel was blocked from c...
Fintiv Analysis Proves That Fintiv Is Being Used To Leave Likely Invalid Patents In Force
A recently released study from Unified Patents has put numbers to the sense many patent attorneys already had—the Patent Trial and Appeal Board is spending a lot of time on Fintiv discretionary deni...
Why SMART Isn’t Smart – Importing FRAND’s Flaws Into Copyright
This piece was originally posted at the Disruptive Competition Project.
“Intellectual property,” as a term, is a problem. It groups together areas of law that, while they may share some ...
Is litigation finance turning justice into the newest financial asset?
The U.S. Supreme Court famously has the words “equal justice under the law” emblazoned above its front door. While the application of this phrase is subject to debate in the courtrooms, committee...