Our bridge into the 21st Century presently houses a nasty creature who demands a toll from the best and brightest in our community. The dreaded troll is a regular denizen of our current system of patent enforcement and he poses serious problems for technology companies. Despite the great expense of... Read more
Everyone take a deep breath: it seems we've had a moment of sanity in the patent wars. Last week, a jury invalidated the dangerous Eolas patents, which their owner claimed covered, well, essentially the whole Internet. The patents were originally granted for an invention that helped doctors to view... Read more
When well-known, richly compensated patent lawyers switch from representing world-class tech companies to servicing "non-practicing entities," something's up. Could the sordidness of a business based on bringing patent lawsuits be outweighed by large amounts of cash? At least for some, apparently... 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
Last week, I participated in a panel discussion at the Eastern District of Texas/Federal Circuit Joint Bench-Bar Conference in Dallas. The Court of Appeals for the Federal Circuit is the specialized appellate court for patent cases. My panel was on corporate counsel opinions of patent litigation... Read more
Innovative software companies start each work day knowing that, no matter how careful and how ethical they are, they face a meaningful risk of being sued for patent infringement. It's like a tooth ache – painful and distracting, even when not debilitating. A major source of this pain is non-... Read more
The Hidden Gem in the Bill: Joinder Reform So it has finally happened: a patent reform bill has actually become law. Last Thursday, the U.S. Senate voted 89-9 to send H.R. 1249 to the White House, where it was signed into law today. While I have pointed out in the past that this bill misses out... Read more
Maddog, Moglen, and Frye: Icons of the Linux community discuss their first twenty years with Linux and its future
In the afternoon keynotes of the first day of LinuxCon, Linux Foundation Executive Director Jim Zemlin sat down to talk about the twentieth anniversary of Linux with Jon "Maddog" Hall, Eben Moglen, and Dan Frye, or as Zemlin called them, The Godfather, The Lawyer, and The Suit.
The software patent debate sometimes seems awfully one-sided. Passionate opponents carefully explain that software patents hinder innovation and supporters of the status quo ignore their arguments. Meanwhile, vast sums of money that could be used for innovation are diverted by patent lawsuits of... Read more
With a recent op-ed in the Economist and a segment on NPR's Planet Money, it seems as if an awareness of the high cost of the outmoded, traditional patent system is finally creeping into the mainstream.