Move over Patent Trolls, Efficient Infringement has arrived on the Hill - IPWatchdog.com | Patents & Intellectual Property Law
Efficient infringement is a cold-hearted business calculation whereby businesses decide it will be cheaper to steal patented technology than to license it.
Eli Mazour on LinkedIn: After years of hard work, an important opportunity to advance fixing the…
After years of hard work, an important opportunity to advance fixing the Section 101 mess & some of the PTAB’s flaws. Great advice for how other in-house…
FTC Challenges More Than 100 Patents as Improperly Listed in the FDA’s Orange Book
Today, the Federal Trade Commission (FTC) challenged more than 100 patents held by manufacturers of brand-name asthma inhalers, epinephrine autoinjectors, and other drug products as improperly or i
“Wrongfully listed patents can significantly drive up the prices Americans must pay for medicines and drug products while undermining fair and honest competition,” said FTC Chair Lina M. Khan. “The FTC’s action today identifies over 100 patents that we believe are improperly listed, affecting products ranging from inhalers to EpiPens. We will continue to use all our tools to protect Americans from illegal business tactics that are hiking the cost of drugs and drug products.”
When the listing of a drug substance or drug product patent is disputed consistent with the applicable FDA regulations FDA will send the statement of dispute to the New Drug Application (NDA) holder who will then have 30 days to withdraw or amend these listings, or certify under penalty of perjury that the listings comply with applicable statutory and regulatory requirements.
Last month, the FTC issued a policy statement that warned that the agency would be scrutinizing the improper submission of patents for listing in the Orange Book. The Commission said improper listings in the Orange Book may harm competition from cheaper generic alternatives and keep brand prices artificially high.
While You Weren’t Looking, Big Tech Destroyed Your Rights Randy Landreneau, President The Loss of Inventor Rights - A Concise Description Join Us By Signing The Inventor Rights Resolution FEATURED
Private Patent Rights, the Patent Bargain and the Fiction of Administrative 'Error Correction' in Inter Partes Reviews
This paper shows that the Framers empowering Congress to act by “securing for limited Times to…Inventors the exclusive Right to their…Discoveries” understood th
The Evidence Google's Systematic Theft is Anti-Competitive
Image via CrunchBase Systematic theft may be the most anti-competitive and monopolistic practice in which a company can engage. Systematic theft generates an unbeatable cost advantage by avoiding the standard cost of propertied goods for which law-abiding competitors must pay. It creates an unfair, jump-the-gun, time-to-market advantage, by ignoring the rule [...]
In the U.S., large tech companies regularly infringe on smaller companies’ intellectual property (IP). Often, this has led to large court settlements that punish larger companies. But, this enforcement mechanism has been weakened. In 2011, Congress created a tribunal within the U.S. Patent and Trademark Office called the Patent Trial and Appeal Board (PTAB), which has created a new avenue for major tech companies to challenge IP protections. New legislation would further enable this attack on IP protections, and ultimately harm the U.S. economy as a whole.
How Google and Big Tech Killed the U.S. Patent System - IPWatchdog.com | Patents & Intellectual Property Law
In a Banana Republic the Elites rule over a servile government that abets and supports, for kickbacks and bribes, the exploitation of the rest of society. Instead of Dole and United Fruit controlling Honduras, we now have Apple, Microsoft, Amazon, Google and other tech giants controlling Congress and the Executive...
The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law
Last week the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC v. Capital One Financial Corporation, the Federal Circuit dodged the antitrust question presented by finding that a prior ruling had collateral estoppel effect.
Google's loss to Sonos settles it: Big Tech has an IP piracy problem
Simply put, Big Tech benefits from stealing IP. The legal costs and potential damages, if ever issued after years of litigation, are paltry by comparison.
By Adam Mossoff & Bhamati Viswanathan
In a recent New York Times op-ed, “The Patent Troll Smokescreen,” Joe Nocera used in print for the first time the term, “efficient infringement.” This pithy phrase quickly gained currency if only because it captures a well-known phenomenon that has been i
Hon. Paul R. Michel - IPWatchdog.com | Patents & Intellectual Property Law
if (typeof window.atnt !== 'undefined') { window.atnt(); }if (typeof window.atnt !== 'undefined') { window.atnt(); }The Honorable Paul Redmond Michel was appointed to the United States Court of Appeals for the Federal Circuit in March of 1988 by President Ronald Reagan. On December 25, 2004, he assumed the duties of Chief Judge. After his elevation to Chief Judge, he served as one of 27 judges on the Judicial Conference of the United States, the governing body of…if (typeof window.atnt !== 'undefined') { window.atnt(); }if (typeof window.atnt !== 'undefined') { window.atnt(); }
Recent Patent Reform Bills and Their Implications for Prescription Drugs
This Viewpoint discusses 3 bills introduced recently in Congress that focus on patent eligibility, fraud, and quality and that have major implications for clinical medicine and pharmaceutical development.
House Democrats are prepping 5 antitrust bills to take on Big Tech
House Democrats are preparing five bills to weaken Big Tech's grip on the economy, in what could amount to Congress's biggest challenge yet to the dominance of Amazon, Apple, Facebook and Google.
How Google and Big Tech Killed the U.S. Patent System - IPWatchdog.com | Patents & Patent Law
In a Banana Republic the Elites rule over a servile government that abets and supports, for kickbacks and bribes, the exploitation of the rest of society. Instead of Dole and United Fruit controlling Honduras, we now have Apple, Microsoft, Amazon, Google and other tech giants controlling Congress and the Executive...
How does Intel’s antitrust lawsuit against Fortress change the patent narrative? — Markman Advisors
Intel’s lawsuit takes aim at a new aspect of PAEs. That aspect is patent aggregation. Intel and Apple, two big-tech companies, are seeking a court ruling that would essentially hold that the very act of aggregating patents can give rise to antitrust violations. The implications of that could redound