Patent Law

Estopping Patent Harassment: A Response to Christa J. Laser

Written by: Gregory Dolin

Abstract  Response to Christa J. Laser, The Scope of IPR Estoppel: A Statutory, Historical, and Normative Analysis In her article, The Scope of IPR Estoppel: A Statutory, Historical, and Normative Analysis, Christa Laser argues that the estoppel provisions of the America Invents Act (AIA) apply only to grounds that could have been raised once the petition […]

The Scope of IPR Estoppel: A Statutory, Historical, and Normative Analysis

Christa J. Laser

Abstract When Congress implemented inter partes review (IPR) and other patent post-grant proceedings through the passage of the America Invents Act (AIA) in 2011, it provided that petitioners would be estopped in later proceedings from raising grounds for invalidity that they “raised or reasonably could have raised during that inter partes review.” 35 U.S.C. § […]

Zombie Patents and Zombie Companies with Patents

Written by: Xuan-Thao Nguyen

Introduction The word “Zombie” has its roots in the Haitian French language, referring to the reanimation of the human corpse. “Zombie” has become ubiquitous in American popular culture; zombies seem to be everywhere from films, novels, comic books, video games, and botnets to tax. Of course, science fiction reincarnates zombies as post-human, appearing in different […]

W. Keith Robinson, Economic Theory, Divided Infringement, and Enforcing Interactive Patents

Abstract High tech companies—especially in the emerging areas of the Internet of Things, wearable devices, and personalized medicine—have found it difficult to enforce their patents on interactive technologies. Enforcement is especially difficult when multiple parties combine to perform all of the steps of a claimed method, which is referred to as joint or divided infringement. […]

Alan Devlin, Antitrust Limits on Targeted Patent Aggregation

Patent-assertion entities (PAEs) are non-technology-practicing companies that aggregate and license patents under threat of suit. Their activities have drawn fire, including presidential condemnation, and spurred proposed legislation to protect operating firms against them. PAEs leverage flaws in the patent system to extort firms that independently invent and sell technological goods to consumers. Since PAEs tax […]

Jeffrey A. Lefstin, Inventive Application: A History

The Supreme Court’s recent cases on patent-eligible subject matter have struggled to draw the line between unpatentable fundamental principles, such as laws of nature and abstract ideas, and patentable inventions. In Mayo v. Prometheus, the Court suggested that only “inventive applications” of fundamental principles fall within the domain of the patent system. Both Mayo and […]