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A Solution to the OpenSky Problem

I have written several times about the $2.2 billion verdict in the VLSI v. Intel case.  The case is extraordinary not just because of the size of the verdict, but because Intel was blocked from...

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Darrell Issa is Well-Positioned to Address Key Patent Policy Issues

In the early days of the 118th Congress, Rep. Darrell Issa, the newly-named Chairman of the House Intellectual Property Subcommittee, has an opportunity to make progress on a range of issues that are...

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An Up and Down Year at the USPTO 

By: Sam Baird, Director of Analytics at Unified Patents From the confirmation of Kathi Vidal as Director of the United States Patent and Trademark Office (USPTO) to the Western District of Texas’s...

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How Litigation Finance Busts the Bank of Legal Trust

The American legal system gives lawyers vast powers over private citizens. In the United States, there are no “loser pays” rules, no limits on lawyers’ ability to file complaints, and a summons...

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Reintroduction of Advancing America’s Interests Act is a Welcome Development...

Last week, Representative David Schweikert (AZ-01) and Don Beyer (VA-08) introduced the Advancing America’s Interests Act (AAIA). If passed, this legislation would help prevent the U.S. International...

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Helping NPEs PREVAIL Over Innovators

Last month, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) Act. Under the guise of promoting...

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Analysis of Comments Shows Strong Public Opposition to ANPRM, PREVAIL Proposals

Recent Patent Progress posts have focused on the harmful and overlapping policy proposals contained in the USPTO’s Advance Notice of Proposed Rulemaking (ANPRM) and the PREVAIL Act. As it turns out,...

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Follow the Founders and Insist on Review of Unjust Monopolies Created by...

This post draws from and summarizes a forthcoming law review article from the author. The full article is available on SSRN. A patent is a monopoly, for a certain time, on the sale of something for...

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Litigation Investment Entities Threaten United States Security

In mid-September, the House Committee on Oversight and Accountability held a hearing titled Unsuitable Litigation: Oversight of Third-Party Litigation Funding. Then, Senators Joe Manchin (D-WA) and Joe...

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