Tag: Intellectual Property

Patent Trolls: Their Threat to U.S. Innovation—and the Solutions »

A menace is threatening technological innovation in America: the menace of patent trolls. Their modus operandi: Patent trolls make money—big money—through litigation, rather than by creating and selling products or services themselves. Typically, they acquire an overly broad patent and then lie in wait as the market for the patented product or service develops...
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“Prize-Grants” or Patents for Pharmaceutical Innovation? »

Over at the American Enterprise Institute’s online magazine, Arnold Kling has proposed “prize-grants” in favor of patents for pharmaceutical research. Kling dislikes patents: Patents have always been a problematic way to promote innovation. They raise prices of products far above marginal cost. They impose legal costs involved in obtaining, attacking, and defending patents. They...
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Tech Companies Work to Tame Patent Trolls without Government Help »

In the wake of Congress failing to pass patent litigation reform this year, the private sector has gotten into gear and has taken matters into its own hands. Tech companies have formed LOTNet. This article from Motherboard sums up this new idea: As they say, if you can’t go through, go around. Enter the License...
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SCOTUS Affirms That Abstract Ideas Are Not Patent-Eligible »

It is no secret that innovation suffers because of the current state of patent law. Too many overly broad patents are issued and present patent trolls with the opportunity to sue, sue, and sue again. Today, the High Court in Alice Corp. v. CLS Bank, made abundantly clear that abstract ideas are not patentable....
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Patent Troll Hit with Legal Fees »

The Electronic Frontier Foundation has a good post up on how the patent troll Lumen View just got hit with a fee award in federal court. This is in part because of recent Supreme Court decisions making it easier for defendants to collect attorney’s fees when they win patent suits. The troll’s patent was but a description...
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Big Pharma, Trial Lawyers, and Harry Reid Kill Patent Reform »

Now that the smoke has cleared after the collapse of efforts to push patent litigation reform legislation through Congress, pundits are busy discussing just what happened. The President and members of both parties agreed that some reform was necessary. Reform legislation seemed to be a sure thing. Sources close to the negotiations on reform indicate...
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Patent Trolls and Trial Lawyers Thwart Patent Reform »

Time reports that Sen. Pat Leahy, the chairman of the Senate Judiciary Committee, has pulled the patent reform legislation from the Senate’s agenda. Here is a snippet from the article: Needless to say, trial lawyers are among the groups that benefit the most from rampant patent litigation. Engine Advocacy, a non-profit group that works...
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Patent Litigation Is No Laughing Matter... Or Is It? »

As pointed out in my forthcoming Independent Institute book, Patent Trolls: Predatory Litigation and the Smothering of Innovation, the American patent system is in need of an overhaul. This is no laughing matter, but Stephen Colbert, in the following, recent segment from “The Colbert Report” on Comedy Central takes Amazon to task for claiming...
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The Lawless Executive Branch and the Irrelevance of Congress »

Despite Congress’s decision, in response to a huge backlash on the internet and in Silicon Valley, not to pass SOPA last week, the executive branch shows that it essentially has all the powers in that legislation already—the power to accuse a website of deliberately facilitating “piracy” and shut it down and confiscate its assets...
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We Don’t Need No Stinkin’ Evidence »

I posted earlier about the provisions of the New Years Eve-signed National Defense Authorization Act (NDAA) a/k/a the “Homeland Battlefield Bill,” allowing the President of the U.S., at his or her sole discretion, to order the indefinite detention of any U.S. citizen, with no burden of proof whatsoever, and no recourse for the detainee—in...
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