Intellectual Property

The Patent Eligibility “Quagmire”

If the United States is to retain our innovation edge, patent eligibility doctrine must be returned to the “anything under the sun that is made by man” standard.

How Copyright Drives Innovation in Scholarly Publishing

This basic economic fact—dynamic development of innovative distribution mechanisms require substantial investment in both people and resources—is what makes commercialization an essential feature of both copyright policy and law (and of all intellectual property doctrines).

Debates on Patent System Should Focus on Facts, Not Rhetoric

Weakening intellectual property laws due to negative policy rhetoric, hyperbolic internet commentary, and even extensive lobbying by firms who choose to infringe patents because they don’t want to pay the licenses offered to them by patent licensing firms is irresponsible.

The Broken Reporting Causing the “Broken Patent System” Hokum

The real problem with this “broken reporting” by Mr. Bilton and his ilk is that it is feeding a growing anti-patent frenzy among commentators, academics, and the public, who seem to think that your smart phones, tablets and other technological marvels just don’t exist because of a so-called “broken patent system” that has stymied software and other high-tech innovation at every turn.

ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust

The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers.

Today’s Software Patents Look a Lot Like Early Pharma Patents

The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that...

Lessons from Singapore on Patents

While the United States continues to weaken its patent laws, Singapore is taking a different path.  Singapore has just announced that it is developing a plan to be an Intellectual Property Hub, according to Channelnewsasia.com.  They believe that intellectual property...

Giving Back?

From President Bush’s 1000 points of light to President Obama’s biblical argument “aren’t we our brother’s keeper?” for government charity programs it appears everyone agrees that charity is good for our country and may even...

Great Again: Revitalizing America

This intriguing question and its implications for US economic policy are tackled in the groundbreaking book Great Again, by Henry R. Nothhaft with David Kline.  They answer the above query with a series of questions: Could a twenty-year-old college dropout,...

First-to-File: Is it Constitutional?

The following letter from a number of Law Professors deals with the Constitutionality of a First-to-File system as contemplated by the America Invents Act (H.R. 1249 and S. 23)  June 17, 2011 By Email Speaker John Boehner Office of the Speaker H-232 U.S. Capitol...

Mayo Clinic's Invention Theft Strategy

Mayo clinic’s management is pursuing a business strategy of efficient infringement – more commonly known as theft of other people’s inventions.  This immoral course of action is exemplified by Mayo’s involvement in two frivolous patent...

This Is CNN: Abusing Copyright Law To End Embarrassment

Tax Day this year was a great day for old-fashioned patriotism, but a bad day for television journalism--exemplified by CNN "reporter" Susan Roesgen. When hundreds of thousands of protestors raised their voices in opposition to profligate government spending and high...

PRO-IP, Rights, and the Roots of Copyright Opposition

President Bush recently signed into law the "PRO-IP" bill, an act for "Prioritizing Resources and Organization for Intellectual Property." The purpose of the bill is to enhance remedies for violations of intellectual property laws.The law creates a copyright...

Conspiracy Theories: Was 9/11 An “Inside Job” and Other Stories

I was recently forced to break off an amicable correspondence of several years because of 9/11 conspiracy theories and this person's acceptance of them. Our conversations became nothing but this person trying to convince me that the terrorist attacks of 9/11 were an...

A Conspiracy Theory: Bush Contracts

See if you can guess which stock I'm talking about. This stock topped out in early January at 75. It steadily declined all year, hitting bottom at 49 on Aug. 12. After that, it rallied magnificently. On Monday it was trading at 65. Then something very strange...

The Legitimacy of Intellectual Property

Revolutionary technologies always disrupt society and one of America's biggest "digital age" disruptions is occurring in the area of intellectual property (IP). Indeed, the digital revolution has re-ignited a heated debate over whether intellectual property is even...

Would-Be Intellectual Vandals Get Their Day in the Supreme Court

In 1998 Congress, pursuant to its Constitutional power to determine the duration of federal copyright protection, passed a law extending the term of that protection by 20 years. This law brought United States copyright protection in line with that already afforded in...