Efficient Infringement Rewards Copycats and Erodes Competition | IPWatchdog Unleashed

For much of the last four decades, American innovation policy has rested on a premise that should be obvious but too often is not: strong intellectual property rights are not an obstacle to competition. Quite the opposite—strong IP rights are the precursor to robust competition. The alternative to a robust patent system is not some frictionless utopia of open competition. The alternative is secrecy, copying, and underinvestment. If patents are too weak, companies will rely more heavily on trade secrets. That means less disclosure, less technical diffusion, and fewer opportunities for others to build upon what has been invented. Weak patents do not democratize innovation—they often bury it. Weak patents also reward copycats who find it far more expedient and financially rewarding to take rather than to innovate themselves. These truths were the main point at the center of my recent conversation with Alden Abbott, Senior Research Fellow at the Mercatus Center at George Mason University and former General Counsel of the Federal Trade Commission.

Computer and Automotive Industries Urge SCOTUS to Eliminate the PTAB’s ‘Settled Expectations’ Doctrine

On Friday, a series of computer and automotive industry trade organizations representing most of the top filers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) filed a brief with the U.S. Supreme Court urging the Court to grant Google’s petition for writ of certiorari that ultimately challenges the PTAB’s settled expectations doctrine as developed under the current U.S. Patent and Trademark Office (USPTO) administration.

Patent Pruning Is Not Optional: Why Portfolio Discipline Must Be a Core IP Function

Most patent portfolios are overbuilt and under-managed. That is not a criticism of any particular company or patent department. It is simply the predictable result of how patent portfolios are created. Companies innovate. Business leaders demand more filings. Engineers generate invention disclosures. Outside counsel prosecute applications. Patents issue. Then years pass, products change, markets move on, competitors pivot, and strategic priorities evolve. Often—if not frequently—the patent portfolio remains the same, as if legacy assumptions and strategy remain relevant even though they no longer match business or market realities.

Olympic Games 2028 Preparation Part I: Never Too Soon to Get Your IP Strategy in Order

There’s a great deal of excitement and preparation for the Olympic Games, which will come to Los Angeles and Oklahoma City in 2028. Those of us in Oklahoma City are thrilled to host two events on behalf of LA28, softball and canoe slalom. If you are a business owner in one of these cities, you may be thinking, “How can I capitalize on the Olympic Games coming to my city?” This is the first of several helpful articles in which we will walk you through the myriad of legal issues and opportunities associated with hosting the Olympic Games.

Unified Patents LLC is Seeking a Senior Patent Counsel

Unified Patents is again growing its legal department and seeks to add an experienced, registered patent attorney. Applicants should have at least 5 years of law firm or other relevant experience before the U.S. Patent and Trademark Office (USPTO), in particular working on ex parte reexamination proceedings, post-grant petitions (IPR, PGR), or other administrative drafting and litigation experience. Applicants should have a strong technical background and be willing to explore diverse new technologies; experience with video codecs, coding, cryptography, compression, signals, wireless communications, or other algorithmic subject matter is a plus. Patent examination experience is a plus; clerking experience is a plus; familiarity with ongoing appellate issues affecting PTAB practice is a plus. Must be willing to work within a team, work well independently, and enjoy writing and editing.

Squires Orders Sua Sponte Review of ASUS IPR Due to Potential Sotera Violation

United States Patent and Trademark Office (USPTO) Director John A. Squires initiated a sua sponte Director Review on May 27 to investigate whether an inter partes review (IPR) petitioner violated its Sotera stipulation. The order stays the IPR proceeding and requires briefing from Nokia Technologies OY, ASUSTeK Computer Inc., and ASUS Computer International on whether a violation occurred and what the appropriate remedy should be. 

Despite Recent Changes, the PTAB Remains a Patent Death Squad

It is not news to anyone in the industry that the Patent Trial and Appeal Board (PTAB) has changed. Thanks to U.S. Patent and Trademark Office (USPTO) leadership, discretionary denials have increased, institution rates have dramatically dropped, and that means patent owners are finally seeing relief at the front end of the inter partes review (IPR) process. There is great reason for the justifiable optimism you hear from patent owners.

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