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Standard Essential Patents In The News

Standard essential patents (SEPs) are in the news today in a couple ways. First, the EU antitrust authorities fined Qualcomm $1.2 billion over conduct that involved locking Apple into an exclusive su...

SCOTUS Will Decide Whether Foreign Infringement Can Create Lost Profits

Last Friday, the Supreme Court granted certiorari in WesternGeco v. ION Geophysical.  Essentially, the case asks whether, when components for a patented process or machine are manufactured in the U.S...

The Alice Drizzle—Barely Even Noticeable

At the end of the year, I took a look at whether Alice really had a significant impact on patents as a whole.  The answer was that Alice simply doesn’t affect that many patent applications.  But s...

Starting Off 2018 With More Sovereign Immunity

2018 started off with a sovereign immunity bang, with the Saint Regis Mohawk Tribe filing a motion that implicitly suggests that the Patent Trial and Appeal Board (PTAB) would only rule against them d...

The “Alice Storm” Is More Of A Drizzle

You might be familiar with Bob Sachs’ term “Alice Storm.” Sachs and his co-authors over at Bilski Blog argue that “Alice Corp. v. CLS Bank has had a dramatic impact on the allowability of comp...

Qualcomm’s Anti-Competitive Conduct Could Be Exacerbated By Mergers

(Cross post on DisCo.)  Qualcomm’s been busy over the past few months.  Defending against accusations of anti-competitive conduct from competition authorities in the US and elsewhere around the ...

You Don’t Need To Build An IPR Off-Ramp—It Already Exists

At the House Judiciary Committee’s IP Subcommittee hearing on sovereign immunity, Chairman Issa had a simple request for Phil Johnson, one of the witnesses—to, for the record, “look at the vario...

A Big Day For The PTO—And A Good Day

On Monday, the Supreme Court heard arguments in two separate cases regarding inter partes review (IPR)—Oil States v. Greene’s Energy and SAS Institute v. Matal.  In both Oil States and SAS, the C...

CCIA Submits Letter For The Record To House Judiciary Subcommittee On IP

Yesterday, we submitted a letter for the record to the House Judiciary Committee Subcommittee On Courts, Intellectual Property and the Internet.  This letter, written in response to testimony submitt...

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