Open source community members and most everyone else involved in software are concerned about patent lawsuits and the activities of non-practicing entities (NPEs). While we all have a sense from personal experience or by reading the news that patent litigation and NPEs are a large and growing... Read more
Congress is beginning to focus on the abusive use of patents by Patent Assertion Entities (PAEs) with new legislative proposals. House Judiciary Committee Chairman Bob Goodlatte and a wide variety of witnesses highlighted the PAE problem in hearings last winter. Senate Judiciary Committee Chairman... Read more
The White House on Tuesday announced a broad set of legislative recommendations for Congress and executive actions aimed at thwarting abusive patent infringement lawsuits.
While almost no one thinks that the America Invents Act (AIA) will completely solve America’s patent problems, there are a few provisions in the AIA that may be useful tools in limiting and/or preventing bad patents. One of these tools is the newly implemented Preissuance Submission procedure,... Read more
Does the Apple-Samsung case have a silver lining? For the open source community, the large damages verdict is disturbing, but at least it is drawing public attention to some of the deep problems of our patent system. This week the New York Times ran a front page story on the jury’s verdict that... Read more
Touted as the most extensive revision of the patent law since 1952, the America Invents Act of 2011 was signed by the President on September 16. You might think in light of the celebration and rhetoric, that the Act was tackling the big problems such as patent trolls, broad and abstract patents,... Read more
I recently wrote about the $4.5 billion auction for Nortel's portfolio of 6,000 patents that went to a consortium that included Apple, Microsoft, and RIM (Blackberry) -- three of four smartphone platforms. In the wake of this sale, Interdigital has contemplated monetizing its portfolio of 8,... Read more
Last month the Federal Trade Commission issued a report that acknowledged important problems in the U.S. Patent system as it affects software. The government doesn't do that every day, so that's good news. The FTC report also suggested some reforms that could mitigate some of those problems.
In my March 2 post on patent reform, I noted that many of the provisions offered in prior versions of patent reform bills were removed from the pending bill. On March 8, the Senate passed S. 23, now called the “America Invents Act” 95-5. As one might guess, any legislation passed with such... Read more
For all the debate and litigation around software patents, I thought that there was at least one point on which all sides could agree: the objective of the U.S. patent system is to stimulate innovation. A recent IP blog takes issue with that premise, and proposes an alternative objective:... Read more