Doctrinal Precedence Among the Hatch-Waxman Act, the Patent Act, and the Sherman Act
By Brett Frischmann • March 13, 2013 at 1:55 pm
By Brett Frischmann • March 13, 2013 at 1:55 pm
By Daniel Nazer • March 8, 2012 at 12:49 pm
How accurate is the Patent and Trademark Office? Can its examiners tell good patents from bad? Read more » about A Rosenhan Experiment for the PTO
By Stuart Soffer • January 30, 2011 at 2:08 pm
Emeritus Stanford Computer Science Professor Gio Wiederhold provides in the January 2011 issue of Communications of the ACM (1) (the monthly journal of the professional society for Computer Scientists) an article titled Follow the Intellectual Property. The theme of his paper is that the offshoring of IP (actually domiciling the IP for sheltering royalty purposes in an off-shore tax haven such as the Cayman Islands) works to the disadvantage of US employees. Profits sheltered are not repatriated, but instead are used to seed and hire other offshore developments for the patent owners. Read more » about Gio Wiederhold Follows the Intellectual Property Money
By Stuart Soffer • January 25, 2011 at 7:32 pm
In reviewing the statistical tea leaves of IP litigation trends for 2010, one aspect that now stands out is the number of cases involving auctioned patents. There are 15 such cases asserting 20 auctioned patents. Some of the highlights of these 15 cases are:
• US 6,526,219 for “Picture-based video indexing system” had a projected auction price of $250,000, but ended up sold for $700,000. InMotion Imagery Technologies, LLC asserted this patent in three cases in the Eastern District of Texas. Read more » about Auctioned Patents Emerge in Litigation in 2010
This is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work. Read more » about Valuing Attribution and Publication in Intellectual Property
""It's a terrible patent," says Daniel Nazer, a staff attorney for the Electronic Frontier Foundation and its exemplary Patent Busting Project. "It's a classic example of the patent office not doing a good job."" Read more » about EFF patent lawyer rates lawyer-rating patent ‘terrible’
CIS Affiliate Scholar Marvin Ammori will be participating in the panel "Can Our Patent System Support (or Survive) the DIY Movement?" Read more » about Tinkering With Tomorrow
Widely recognized as a preeminent scholar of intellectual property law, Mark A. Lemley (BA '88) is an accomplished litigator—having litigated cases before the US Supreme Court, the California Supreme Court, and federal circuit courts—as well as a prolific writer with more than 100 published articles and six books. He has testified numerous times before Congress, the California legislature, the Federal Trade Commission, and the Antitrust Modernization Commission on patent, trade secret, antitrust, and constitutional law matters. He is also a partner and founder in the firm Durie Tangri LLP. Read more » about 10/12: Speaker Series - Mark Lemley - The Patent Crisis and How the Courts Can Solve It
May 9, 2011
Defensive patenting---i.e., filing a patent specifically to avoid the threat of litigation---is a common strategy in the world of intellectual property for private companies focused on information technology. Free software and open source ("FOSS") projects, however, are historically wary of defensive patenting. Why is this? And what strategies might make defensive patenting more appealing to the FOSS community? Read more » about Jason Schultz and Jennifer Urban - CIS Speaker Series 2011