Doctrinal Precedence Among the Hatch-Waxman Act, the Patent Act, and the Sherman Act
By Brett Frischmann on March 13, 2013 at 1:55 pm
By Brett Frischmann on March 13, 2013 at 1:55 pm
By Daniel Nazer on March 8, 2012 at 12:49 pm
How accurate is the Patent and Trademark Office? Can its examiners tell good patents from bad? Read more » about A Rosenhan Experiment for the PTO
By Stuart Soffer on January 30, 2011 at 2:08 pm
Emeritus Stanford Computer Science Professor Gio Wiederhold provides in the January 2011 issue of Communications of the ACM (1) (the monthly journal of the professional society for Computer Scientists) an article titled Follow the Intellectual Property. The theme of his paper is that the offshoring of IP (actually domiciling the IP for sheltering royalty purposes in an off-shore tax haven such as the Cayman Islands) works to the disadvantage of US employees. Profits sheltered are not repatriated, but instead are used to seed and hire other offshore developments for the patent owners. Read more » about Gio Wiederhold Follows the Intellectual Property Money
By Stuart Soffer on January 25, 2011 at 7:32 pm
In reviewing the statistical tea leaves of IP litigation trends for 2010, one aspect that now stands out is the number of cases involving auctioned patents. There are 15 such cases asserting 20 auctioned patents. Some of the highlights of these 15 cases are:
• US 6,526,219 for “Picture-based video indexing system” had a projected auction price of $250,000, but ended up sold for $700,000. InMotion Imagery Technologies, LLC asserted this patent in three cases in the Eastern District of Texas. Read more » about Auctioned Patents Emerge in Litigation in 2010
Plenty of businesses rely on third-party payers: parents often pay for college; insurance companies pay most health care bills. Reaching out to potential third-party payers is hardly a new or revolutionary business practice. But someone should tell the Patent Office. Earlier this year, it issued US Patent No. 9,026,468 to Securus Technologies, a company that provides telephone services to prisoners. Read more » about Stupid Patent Of The Month: Infamous Prison Telco Patents Asking Third-Parties For Money
Imagine if the inventor of the Segway claimed to own "any thing that moves in response to human commands." Or if the inventor of the telegraph applied for a patent covering any use of electric current for communication. Absurdly overbroad claims like these would not be allowed, right? Unfortunately, the Patent Office does not do a good job of policing overly broad claims. August's Stupid Patent of the Month, U.S. Patent No. Read more » about From Internet Connected Drink Mixer To Any Remote Configuration On The Internet: August's Stupid Patent Of The Month
This is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work. Read more » about Valuing Attribution and Publication in Intellectual Property
"Recently, I caught up with Daniel Nazer of the Electronic Frontier Foundation (EFF) to pose a few questions relating to software patents. Daniel is a staff attorney at EFF, where he occupies the Mark Cuban Chair to Eliminate Stupid Patents and focuses on patent reform. Read more » about Hacking the patent system: Open source and patents
"To give just a sense of just how out of touch the law has become, I askedDaniel Nazer, an attorney with the Electronic Frontier Foundation, to highlight the worst patents he’s come across this year. Nazer, who holds the Mark Cuban Chair to Eliminate Stupid Patents (yes, really), had little trouble coming up with these four, culled from a monthly “Stupid Patent of the Month” post he writes for the EFF site.
"“There’s this perverse thing where sometimes the more obvious a thing is, the harder it is to prove it’s been awarded a patent improperly because it’s so obvious that no one would write it down so there’s no documentation,” said EFF staff attorney Daniel Nazer. “No one is going to write in a technical article, ‘hey it might be a good idea to reach out to people to pay for services,’ because that’s so obvious.” Read more » about Prison Telecom Giant Securus Awarded Patent for Billing Inmate's Relatives
"So does the Spark Networks matchmaking patent hold up in a post-Alice world? It depends on how you look at it. From a theoretical legal perspective, “This is not a close case. It’s clearly invalid under the Alice standard,” Mr. Nazer said. “It’s disappointing that an attorney would file this case.” " Read more » about How Can You Patent a Dating Website?
"Google's program "has some terms that are favorable to Google, such as requiring an exclusive offer and agreeing that the offer won't serve as notice for willfulness purposes, but no one is being forced to offer their patents as part of this program," said Daniel Nazer, staff attorney at the Electronic Frontier Foundation.
The response likely "will be modest," he told the E-Commerce Times." Read more » about Patent Holders: Google Wants Your IP!
""In practice it doesn't seem to have been a revolutionary decision," said EFF staff attorney Daniel Nazer, who penned the organization's Supreme Court brief in Nautilus. While the Supreme Court clamped down on the "extravagance" of the insolubly ambiguous standard, "judges are still interpreting the 'reasonable certainty' test in a patentee-friendly way." Read more » about Mostly Status Quo Under New Test for Patent Particularity
""This is a patent on updating a Web page, when you really look at it, it's a patent on updating a table of contents where some of the links could go to media files," Nazer said. "This is not the kind of thing that should have been patentable and it certainly wasn't new, even in 1996."
Personal Audio could appeal the U.S. Patent Office decision by taking the case to federal court, Nazer said." Read more » about U.S. Patent Office revokes key elements of controversial podcasting patent
"But critics argue that they’re harming innovation by filing frivolous lawsuits and making it difficult to create new products without fear of litigation. “This is a classic example of patents as an attack on innovation,” says Electronic Frontier Foundation staff attorney Daniel Nazer. “There’s nothing to suggest that this guy contributed anything to the [Bluetooth] technology we used today.” Read more » about The Patent Wars May be Cooling, But They're Far From Over
""While we are encouraged by the FTC’s work, this is one (long-awaited) action against a single troll," wrote Daniel Nazer at the Electronic Frontier Foundation. "We still need broader reform to deal with low-quality patents and widespread patent trolling."" Read more » about FTC ends first case against a “patent troll” with a slap on the wrist
""We're looking down the road," said Daniel Nazer, an attorney at the Electronic Frontier Foundation, which supports patent reform. "When the bill died in the Senate, pretty much everyone involved in the debate either gave up and looked to the next Congress, or breathed a big sigh of relief."" Read more » about Patent Overhaul Effort Stalls
CIS Affiliate Scholar Marvin Ammori will be participating in the panel "Can Our Patent System Support (or Survive) the DIY Movement?" Read more » about Tinkering With Tomorrow
Widely recognized as a preeminent scholar of intellectual property law, Mark A. Lemley (BA '88) is an accomplished litigator—having litigated cases before the US Supreme Court, the California Supreme Court, and federal circuit courts—as well as a prolific writer with more than 100 published articles and six books. He has testified numerous times before Congress, the California legislature, the Federal Trade Commission, and the Antitrust Modernization Commission on patent, trade secret, antitrust, and constitutional law matters. He is also a partner and founder in the firm Durie Tangri LLP. Read more » about 10/12: Speaker Series - Mark Lemley - The Patent Crisis and How the Courts Can Solve It
December 16, 2013
Daniel Nazer of Electronic Frontier Foundation on the Supreme Court case that could set patent precedent.
Full story can also be found here. Read more » about Software patents
November 20, 2013
This week, David Levine interviews Daniel Nazer, a Staff Attorney on the Electronic Frontier Foundation’s intellectual property team, focusing on patent reform. Read more » about Daniel Nazer - Hearsay Culture Show #197 - KZSU-FM
November 6, 2013
This week, David Levine interviews Prof. Victoria Stodden of Columbia University. Read more » about Victoria Stodden - Hearsay Culture Show #196 - KZSU-FM
July 10, 2013
CIS Affiliate Scholar David Levine interviews Ron Epstein, CEO of EpicenterIP, on non-practicing entities/patent trolls/patent investors. Read more » about Ron Epstein - Hearsay Culture - Show #188 - KZSU-FM
May 9, 2011
Defensive patenting---i.e., filing a patent specifically to avoid the threat of litigation---is a common strategy in the world of intellectual property for private companies focused on information technology. Free software and open source ("FOSS") projects, however, are historically wary of defensive patenting. Why is this? And what strategies might make defensive patenting more appealing to the FOSS community? Read more » about Jason Schultz and Jennifer Urban - CIS Speaker Series 2011