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04. 1.2008
Differing Estimates of Patent Litigation Costs

IAM Magazine reports on differing estimates of patent litigation costs-

All change at End Software Patents again. The organisation has now downgraded its claims of the total costs involved in software patent litigation in the US from $30.4 billion per annum to $11.2 billion per annum. This follows an email that both myself and Ben Klemens, the executive director of End Software Patents, received from Jim Bessen and Mike Meurer concerning the stats used by the organisation which, it stated, were based on the two men’s research.
...
Interestingly, while Bessen and Meurer (conservatively) estimate that the current total cost of software patent litigation in the US is $8 billion, No Software Patents has the figure at $11.2 billion. I make no comment, but merely point out the disparity.

However, the bigger picture is that on Friday End Software Patents was claiming that $11.4 billion is "wasted" each year “in litigation over software patents”. Now, after a brief flirtation with a sum in excess of $30 billion, the organisation is stating that $11.26 billion of costs are “incurred by software patent lawsuits”. This is something completely different and is probably a lot closer to the reality, although there is still no real explanation of what that extrapolated figure actually means.

Its important to point out that patent litigation costs are estimates (as well as piracy, industry expansion and economic growth projections). I look forward to following the discussion over patent litigation costs among the policy figures noted above.

posted by Noel Le @ 5:33 PM | Patents

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03.17.2008
Patents and R&D Spending

Joff Wild from Intellectual Asset Management comments on a recent criticism of patents and their role in R&D spending found in a new book by notable researchers Jim Bessen-Mark Meurer:

Bessen and Meurer take a look at the relationship between patenting and R&D investment, and come to the conclusion that: “Patents applied to small molecule drugs do seem to work like property; they deliver wealth to drug pioneers and encourage R&D. For most other technologies it's hard to find evidence that patents work as property. Similarly, over time and across countries and industries, patents sometimes deliver wealth and encourage R&D, but there's no evidence that this is generally true.” Essentially, they say, there is no evidence that patents lead to greater spending on R&D; in fact, the opposite could be true – that the existence of strong patent rights leads to less expenditure on R&D.

...when you think about it, it’s not really a huge surprise. Patents mark out territory and give companies the right to exclude competitors. But they also allow companies to know what their rivals are doing. If you know, for example, that one company has established a strong patent position in a particular area of technology, it makes little sense to spend a lot of money in that area. However, it does make sense to spend money in areas where there is a low concentration of patents. In this way, the existence of patents allows companies to hone their R&D and get more bang for their buck from what they do, meaning they do not have to spend as much on R&D to get effective returns...

Of course, there is no absolute proof that one thing follows on from the other; it could well be that there are reasons why what I am suggesting is wrong. But it would be good to know whether anyone has actually done some work on this. Maybe it is something that Bessen and Meurer look at in their book and will discuss in another PatentlyO article. If they haven’t and don’t, they should.

Wild's argument that patents may decrease duplicative innovating activity is well supported in the patent literature. I'd be interested to see a Bessen-Meurer reply based on their empirical research (admittedly, I haven't looked at their book, which may address the topic).

Granted, the issue of R&D spending and patents is often confusing. The Free Culture-Software Movements would argue that R&D spending is not necessary for innovation, thus there is no need to have patents help innovators recoup investments and deter free-riding. On the other hand, some economic research criticizes patents for not increasing R&D investment. Taking as a baseline the Free Culture-Software Movements' view that R&D spending is not essential for innovation, the economic argument that patents are not important because they do not encourage R&D spending becomes moot. I'd enjoy seeing a debate between the Free Culture-Software Movements and Bessen-Meurer on this subject.

posted by Noel Le @ 7:31 AM | Patents

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01.22.2008
Stockholm Network on Developing Nations & Pharma IP

A new paper from the Stockholm Network on developing countries and pharmaceutical patents. In a review of the empirical literature, the report finds, among other things:


Continue reading Stockholm Network on Developing Nations & Pharma IP . . .

posted by Solveig Singleton @ 1:11 PM | International , Patents , Pharma

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IPO Prediction on Patent Reform Legislation

The patent reform debate continues with commentary on Sen.

According to Hal Wegner, the Intellectual Property Owner's Association reports that

Sen. Patrick Leahy (D-VT) will attempt to pass a revised version of S. 1145 in the Senate in February. Major amendments likely will not be available more than a few days in advance of Senate consideration....If the Senate does pass a bill, it likely will be sent to the House for swift passage by the House without amendments, eliminating the need for a Senate-House conference.

Whether the votes are there is open to question.

posted by Solveig Singleton @ 12:57 PM | Patents

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11.28.2007
More WHO Antics--Roger Bate Reports

The American has an article by Roger Bate assessing current compulsory licensing trends at WHO:

The drug companies have tried voice: they have pointed out the need to make some profit from middle-income markets; they have complained to governments, activists, the media, and anyone that will listen; and they have tried litigation and threats of exit. Perhaps it is time to actually try exit.

The first to take action might be Novartis. According to several sources, the company has shelved plans to build a $500 million factory in Brazil that would manufacture an anti-meningitis vaccine.

posted by Solveig Singleton @ 8:12 AM | International , Patents , Pharma

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11.27.2007
Patents, Meds, and the Developing World: Clips & Links

Recently, there are reports of more compulsory licensing for 20 more drugs in Thailand; and a conference is announced to celebrate this strategy.

Hence this series of links and clips.

On April 11, http://www.africasia.com/services/news reported on a plan that seems to implicitly suggest that African states might set aside an array of patents (sorry, no present link):

"We need to produce (medicines) in Africa. We have the potential, why do we want to take them from outside when we can take it in Africa?" Mamadou Diallo, chief pharmacist in the AU commission's medical services directorate, told AFP.

"The main objective is to identify which kinds of medicines we are going to produce, essential drugs we need for Africa, and who is going to produce these drugs."

Many African countries currently rely on India and China for imports of affordable generic drugs, but both countries are subject to patent laws which threaten Africa's access to the medicines.

According to Diallo, Africa has all the resources and capacity at its disposal to manufacture essential medicines for the opportunistic infections like tuberculosis, malaria and HIV/AIDS which plague the continent.

It is sad that the plan to produce the drugs in Africa apparently does not extend to actually inventing and developing more such drugs in Africa--or then the patents would be important.

Contrast Alec Van Gelder's article on African medicines:

The UN Economic Commission for Africa endorses fears that “drastic trade liberalization, particularly substantial reductions in tariff, could entail, for instance, loss of tariff revenue hence fiscal difficulties.” The anti-globalisation group Oxfam issued a 128-page document in 2005 called “Why Developing Countries Need Tariffs”, as part of the Trade Justice Movement coalition.

All of this means that many religious, aid and international organisations think incomes for bureaucrats matter more than prices for citizens. They also believe that tariffs protect local industries and allow them to grow up into competitive industries.

Thus Tanzania imposed on 26 July a 10 per cent tariff on imported medicines, to protect what it called its “infant medicine industries.”

What about real infants? The immediate effect of this new tariff will be deadly. “Low income of the majority of the Tanzanian population hinders their accessibility to health services as medicines and other services are unaffordable,” according to the World Health Organisation. The average Tanzanian earns US$744 annually--a 10 % increase in the cost of medicines can make the difference between life and death for the 21.7% of the population that suffers from malnutrition.

While few of the world’s poorest--and least healthy--countries have any viable pharmaceutical sectors, a shocking number apply similar taxes and tariffs on medicines. A 2005 American Enterprise Institute study revealed that over 33 countries impose levies higher than the new Tanzanian rate.

Continue reading Patents, Meds, and the Developing World: Clips & Links . . .

posted by Solveig Singleton @ 10:02 AM | International , Patents

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11. 7.2007
Patent Post- KSR-Roundup... Guidelines, Cases and Commentary

From LegalTalk Network, a podcast featuring Matthew Buchanan and other patent experts going over the implications of KSR. This is an older podcast--it's instructive to review it to see if the trends are as expected.

Continue reading Patent Post- KSR-Roundup... Guidelines, Cases and Commentary . . .

posted by Solveig Singleton @ 12:41 PM | Patents , Supreme Court

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10.29.2007
Patent Reform 2007 Commentary

Some recent commentary on the patent reform legislation.

From Matt Buchanan's Promote the Progress; cheaper iPods, fewer cures?

Robert Armitage on how the courts have beaten Congress to the punch.

And a quote from Robert Cresanti, now with Ocean Tomo:

"[Ocean Tomo] will still proceed with the exchange (even if pending Congressional reforms pass), but many patents may be devalued.", he warned. "Our hope is the Senate will come around to the same conclusion we have - that there is no pressing need for reform in light of what the courts and USPTO have done.", he added.

posted by Solveig Singleton @ 8:44 AM | Legislation and Legislators , Patents

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10.21.2007
Patents, R&D, Innovation

A new paper on the relationship between patents, R&D and innovation- Denicolò, Vincenzo, Do Patents Over-Compensate Innovators? Economic Policy, Vol. 22, No. 52, pp. 679-729, October 2007.

Is the current level of patent protection too high or too low? To address this issue, this paper reformulates the theoretical analysis of the optimal level of patent protection to take into account the empirical findings of the innovation production function literature. This literature finds a strong relationship between R&D spending and inventions... The paper then assesses the current level of patent protection, exploiting estimates of the private and social returns to R&D taken from the empirical literature and other available sources. Although more research is needed for a more precise assessment, the evidence available suggests that patents do not over-compensate innovators.
A notable detail is that the paper addresses two issues- the public and private value of patents.

posted by Noel Le @ 12:09 PM | Academia , Patents

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Injunctive Relief and Non-Practising Patent Holders

Several scholars have released a paper on property and liability rules in patent infringement cases- Denicolò, Vincenzo, Geradin, Damien, Layne-Farrar, Anne and Padilla, A. Jorge, "Revisiting Injunctive Relief in High-Tech Industries with Non-Practicing Patent Holders (September 2007).

Injunctive relief is at the center of the intellectual property debate over market power abuse. Some scholars, with fears of patent holdup and royalty stacking in mind, have advocated limiting the right to obtain an injunction. In particular, some have called for categorical denials of injunctions for any “non-practicing” patent holder or whenever the patent in question is but one component of a larger, complex product incorporating multiple patented technologies.

...we examine the injunctive relief policy proposals using an error cost framework. We find the theory these proposals rest upon to be overly restrictive and therefore likely to result in substantial “false positives”, where patent holders with no designs of patent holdup are nonetheless denied injunctive relief. Moreover, the available empirical evidence does not support the position that patent holdup and royalty stacking are pervasive enough problems to warrant significant policy reform.

...we argue that the recent Supreme Court eBay decision can and should be read as a return to a balancing test, where costs and benefits are weighed carefully before granting or denying a patent injunction.

This is important and timely research.

posted by Noel Le @ 11:58 AM | Academia , Patents

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10. 4.2007
Mossoff on the History of Patent Policy

posted by Noel Le @ 1:16 PM | Academia , Patents

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09. 7.2007
House Patent Reform Debate

posted by Amy Smorodin @ 9:48 AM | Patents

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09. 5.2007
Google and Patent Reform

posted by Noel Le @ 12:30 PM | Patents

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08.30.2007
Contours of Open Innovation

posted by Noel Le @ 9:45 PM | Academia , Patents

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08.23.2007
Intellectual Property Baselines

posted by Noel Le @ 3:21 PM | Academia , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Patents

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08.15.2007
WIPO Patent Report Released

posted by Amy Smorodin @ 12:53 PM | Patents

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08. 8.2007
New Merges Article

posted by Noel Le @ 9:00 PM | Academia , Patents

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07.31.2007
Ebay v. MercExchange, on remand

posted by Solveig Singleton @ 9:47 AM | Enforcement & Remedies , Patents , Supreme Court

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07.25.2007
Sun Talks About IBM

posted by Noel Le @ 5:11 PM | Patents

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Oops... Adjunct John Duffy on Patent Judges

posted by Solveig Singleton @ 8:31 AM | Academia , Patents

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07.23.2007
Hal Wegner on Japan Versus US PTO Structures

posted by Solveig Singleton @ 2:23 PM | Patents

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07.17.2007
Myhrvold and Open Innovation

posted by Noel Le @ 7:46 AM | Academia , Patents

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07.16.2007
New BessenMeurer Patent Study and Duffy Remarks

posted by Solveig Singleton @ 9:18 AM | Patents

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07. 6.2007
Patents Make Small-Specialized Firms Attractive

posted by Noel Le @ 7:33 AM | Academia , Patents

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07. 5.2007
Kline and More Patents

posted by Noel Le @ 9:24 PM | Patents

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07. 3.2007
The Understated Cost of Innovation

posted by Noel Le @ 8:26 AM | Academia , Patents

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Kline on Patents

posted by Noel Le @ 7:45 AM | Patents

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06.26.2007
Innovation is Not That Discontent

posted by Noel Le @ 6:02 AM | Academia , Patents

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06.25.2007
Loser Pays. Thank you, Judge.

posted by Solveig Singleton @ 12:15 PM | Big Tent , Patents

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Discovery on the Apportionment Problem

posted by Solveig Singleton @ 12:12 PM | Enforcement & Remedies , Legislation and Legislators , Markets: Business, Investment & Innovation , Patents

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06.20.2007
What Does Not Kill a Patent Makes it Stronger

posted by Noel Le @ 5:25 PM | Patents

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Billy Goats Gruff

posted by Solveig Singleton @ 10:18 AM | Patents

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06.19.2007
Independent Inventors and Patent Licensing Firms

posted by Noel Le @ 7:14 AM | Academia , Patents

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Careful When You Call Someone a "Patent Troll"

posted by Noel Le @ 6:30 AM | Academia , Patents

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Chatter at the Linux Foundation Meeting

posted by Noel Le @ 5:44 AM | Patents

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06.18.2007
If It Ain't Broke

posted by Solveig Singleton @ 10:53 AM | Big Tent , Patents , Pharma

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Chief Judge Michel and Rooklidge Weigh In on Patent Damages Reform

posted by Solveig Singleton @ 10:33 AM | Enforcement & Remedies , Legislation and Legislators , Patents

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06.16.2007
Microsoft and Interoperability

posted by Noel Le @ 11:28 AM | Patents

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06.14.2007
Friday, June 15 2007 at Loyola LA Law School

posted by Solveig Singleton @ 12:04 PM | Patents , Supreme Court

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06.13.2007
Promote the Progress on Patent Reform in the Senate

posted by Solveig Singleton @ 12:04 PM | Legislation and Legislators , Patents , Supreme Court

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Save the Date: KSR & Patent Reform on the Hill

posted by Solveig Singleton @ 11:49 AM | Patents , Supreme Court

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06.12.2007
It's Greg versus Tim. Ouch.

posted by Solveig Singleton @ 10:28 AM | Patents , Software

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Patents, An Impractical Ideological Battle

posted by Noel Le @ 7:09 AM | Patents

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06.11.2007
Microsoft's Interop Guru

posted by Noel Le @ 8:54 PM | Patents

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06. 9.2007
Innovation Comes First

posted by Noel Le @ 3:19 PM | Patents

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06. 7.2007
Economist on KSR

posted by Solveig Singleton @ 10:20 PM | Patents , Supreme Court

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05.30.2007
American Academy for the Advancement of Science: Still No Anti-Commons

posted by Noel Le @ 9:17 PM | Academia , International , Patents

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Interoperability and Licensing: Only For Those Who Can

posted by Noel Le @ 8:09 PM | Patents

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05.29.2007
Instant Popularity Poll: Microsoft and the US Patent System

posted by Noel Le @ 8:15 PM | Patents

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05.22.2007
Timing Technology Transfer in the Market For Ideas

posted by Noel Le @ 6:55 AM | Academia , Patents

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05.17.2007
The FOSS Community and the Tragedy of Commons Transaction Costs

posted by Noel Le @ 8:18 PM | Free Culture Movement , Patents

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05.16.2007
Richard Epstein and Scott Kieff comment on KSR

posted by Solveig Singleton @ 3:37 PM | Patents

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05.15.2007
Patent Licensing Markets Shape the Technology Industries

posted by Noel Le @ 7:05 AM | Academia , Patents

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05.14.2007
Microsoft & Patents

posted by James DeLong @ 12:43 PM | Patents

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05.13.2007
Microsoft Patent Strategies

posted by Noel Le @ 4:06 PM | Patents

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05. 9.2007
A Snapshot of Open Innovation

posted by Noel Le @ 8:37 PM | Patents

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05. 2.2007
Mandel Comments on KSR

posted by Noel Le @ 7:52 PM | Academia , Patents , Supreme Court

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05. 1.2007
All KSR. All the Time

posted by James DeLong @ 10:18 AM | Patents

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Software Patents

posted by James DeLong @ 8:44 AM | Patents

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Revitalizing the Prospect Theory

posted by Noel Le @ 7:03 AM | Academia , Patents

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04.30.2007
KSR v. Teleflex--Initial Opinion and Analsysis

posted by Solveig Singleton @ 1:42 PM | Patents , Supreme Court

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Big Patent Day on the Supreme Court

posted by James DeLong @ 10:57 AM | Patents

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04.27.2007
Patents & the Public

posted by James DeLong @ 11:22 AM | Patents

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04.26.2007
Thai Flu Spreads to Brazil

posted by James DeLong @ 9:25 AM | International , Patents

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04.25.2007
Ronald Mann on Patents

posted by Amy Smorodin @ 2:42 PM | Academia , Patents

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IPI oped... first do no harm to IP

posted by Solveig Singleton @ 11:17 AM | Legislation and Legislators , Patents

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04.23.2007
Patent Reform

posted by James DeLong @ 6:42 AM | Patents

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04.20.2007
Patently Fundamental For Small Firms

posted by Noel Le @ 7:00 AM | Academia , Patents

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04.19.2007
Patent Reform--Post Grant Review Promising?

posted by Solveig Singleton @ 3:30 PM | Legislation and Legislators , Patents

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Strengthening IPRs and Industrialization

posted by Noel Le @ 7:00 AM | Academia , International , Patents

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04.18.2007
Patent Reform

posted by James DeLong @ 3:15 PM | Patents

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Paul Graham on Software Patents

posted by Solveig Singleton @ 9:53 AM | Patents , Software

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04.17.2007
Here Kitty, Kitty

posted by Amy Smorodin @ 1:27 PM | Markets: Business, Investment & Innovation , Patents

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04.12.2007
Sanctions for Trolls?

posted by Solveig Singleton @ 7:56 AM | Patents

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03.30.2007
House Looks at Small Businesses and Patents

posted by Noel Le @ 11:12 AM | Patents

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03.23.2007
ITIF Forum on the Peer to Patent Project and Patent Reform

posted by James DeLong @ 1:53 PM | Patents

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03.20.2007
Why is IBM Being (somewhat) Nice About Microsoft?

posted by Noel Le @ 1:05 AM | Free Culture Movement , Patents

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03.19.2007
Prospects for Internet Peer Review Reviewed.

posted by Solveig Singleton @ 8:00 AM | Patents

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03.15.2007
Patent Policy Baselines

posted by Noel Le @ 7:30 AM | Patents

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03.13.2007
Open Source: Innovation (not) Living up to the Marketing Campaign

posted by Noel Le @ 7:15 AM | Free Culture Movement , Patents

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03. 8.2007
Mr. Smith on Patents

posted by Noel Le @ 6:14 PM | Academia , Patents

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Microsoft & IP - Patents

posted by James DeLong @ 12:49 PM | Patents

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03. 2.2007
From the Stockholm Network

posted by James DeLong @ 8:19 AM | DRM & Watermarks, etc. , International , Patents , Pharma

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Patents as Private Property

posted by James DeLong @ 7:38 AM | Patents

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02.24.2007
Patents in the Diffusion of Innovation and Knowledge Spillovers

posted by Noel Le @ 5:04 PM | Academia , Patents

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02.23.2007
Focusing the Patent Debate

posted by James DeLong @ 8:37 AM | Patents

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02.22.2007
Gene Patents

posted by James DeLong @ 2:17 PM | Patents

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The Prevalence of Ex Post Justifications for Patents

posted by Noel Le @ 7:04 AM | Academia , Patents

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02.21.2007
Intellectual Property Article/Study Reviews, February 2007

posted by Noel Le @ 5:19 PM | Academia , DMCA , DRM & Watermarks, etc. , Patents

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Patents & the Fifth Amendment

posted by James DeLong @ 11:07 AM | Patents

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Richard Epstein Speaks on Property Rights and Patents

posted by James DeLong @ 9:56 AM | Patents

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02.20.2007
Thai Compulsory Licensing Roundup

posted by Solveig Singleton @ 7:55 AM | Patents , Pharma

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Ex Ante and Ex Post Justifications for Patents

posted by Noel Le @ 7:00 AM | Academia , Patents

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02.19.2007
Patent Reform Must Encourage Commercialization

posted by Noel Le @ 4:00 PM | Academia , Patents

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Post-eBay Injunction Scoreboard

posted by Solveig Singleton @ 9:43 AM | Patents , Supreme Court

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02.17.2007
First House Committee Patent Hearings for 110th Congress

posted by Noel Le @ 8:05 AM | Academia , Legislation and Legislators , Markets: Business, Investment & Innovation , Patents

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02.16.2007
Demand-Side Aspects of Technology Transfer

posted by Noel Le @ 7:00 AM | Academia , Patents

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02.13.2007
Relevant to KSR obviousness

posted by Solveig Singleton @ 9:14 AM | Patents , Supreme Court

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02. 6.2007
Patentable Subject Matter

posted by James DeLong @ 8:52 AM | Academia , Patents

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02. 5.2007
Mowery on Bayh-Dole and IPRs

posted by Noel Le @ 12:03 AM | Academia , Patents , Universities

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02. 2.2007
Patent Reform

posted by James DeLong @ 11:36 AM | Patents

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What is Not a Patent Troll, In the Negative Sense

posted by Noel Le @ 7:00 AM | Academia , Patents

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01.29.2007
Merges/Wegner Dialogue

posted by James DeLong @ 12:25 PM | Patents

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Debate on Patent Takings

posted by Solveig Singleton @ 8:27 AM | Patents

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More on an Independent Invention Defense for Patents

posted by Noel Le @ 6:00 AM | Academia , Patents

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01.25.2007
Want to Buy a Patent?

posted by James DeLong @ 10:49 AM | Markets: Business, Investment & Innovation , Patents

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01.24.2007
Pharma Patent Roundup

posted by Solveig Singleton @ 2:12 PM | Patents , Pharma

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01.23.2007
Microsoft v. AT&T / Software Patents

posted by James DeLong @ 12:59 PM | Patents , Software

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Merges on the Supreme Court's View of Patents

posted by Noel Le @ 12:18 PM | Academia , Patents , Supreme Court

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Gene Patents

posted by James DeLong @ 8:56 AM | Patents , Pharma

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01.18.2007
Patents: Un-Civil War

posted by James DeLong @ 1:22 PM | Patents

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01.16.2007
Independent Invention Defense For Patents

posted by Noel Le @ 7:00 AM | Academia , Patents

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01.15.2007
The Public Domain That Matters to IPR Policy

posted by Noel Le @ 9:00 AM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Patents

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01.11.2007
IBM on a Fine Line

posted by Noel Le @ 1:52 AM | Patents

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01. 8.2007
Patently Ridiculous, Really

posted by Noel Le @ 9:17 PM | Patents

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01. 2.2007
Patent Office Allowance Rate Declines

posted by Solveig Singleton @ 9:41 AM | Patents

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01. 1.2007
Injuinctions Post-Ebay

posted by Solveig Singleton @ 12:15 PM | Patents

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12.20.2006
Gene Patents

posted by James DeLong @ 8:13 AM | Patents

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12.16.2006
Tales of Invention: The Transistor

posted by James DeLong @ 11:15 AM | Markets: Business, Investment & Innovation , Patents

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12.15.2006
Talking With Gates about Patents and Software

posted by James DeLong @ 2:10 PM | Patents , Software

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In Beta . . .

posted by James DeLong @ 8:53 AM | Patents

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12.14.2006
Patent Reform in Britain

posted by Solveig Singleton @ 12:12 PM | Patents

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Hal Wegner on Patent Reform Priorities

posted by Solveig Singleton @ 12:07 PM | Patents

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Uncertainty in the Patent System

posted by Noel Le @ 8:00 AM | Academia , Patents

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12.13.2006
Software Patents: Prioritizing Solutions

posted by Solveig Singleton @ 3:04 PM | Patents , Software

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12.12.2006
Microsoft-Novell Study

posted by Noel Le @ 7:30 AM | Free Culture Movement , Patents

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12. 7.2006
Patents in the Direction and Landscape of Innovation

posted by Noel Le @ 8:17 AM | Academia , International , Markets: Business, Investment & Innovation , Patents

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12. 4.2006
Council of Foreign Relations

posted by Solveig Singleton @ 10:25 AM | Patents

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MSFT-NOVL: Encore

posted by James DeLong @ 9:03 AM | Free Culture Movement , Patents , Software

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MSFT-NOVL

posted by James DeLong @ 8:40 AM | Free Culture Movement , Patents , Software

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Patents Across the Industrial Gamut

posted by Noel Le @ 8:00 AM | Patents

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11.30.2006
The Wealth of Networks, Too Premature

posted by Noel Le @ 4:00 PM | Academia , Free Culture Movement , Patents

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Tech Divide over IP

posted by Patrick Ross @ 11:57 AM | Patents

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11.28.2006
KSR Argument

posted by James DeLong @ 4:17 PM | Patents

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Patents and Startups--Debate

posted by Solveig Singleton @ 10:05 AM | Patents

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11.22.2006
License to Free Ride

posted by Noel Le @ 4:21 PM | Free Culture Movement , Patents

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11.20.2006
Can We Get to "Today's" Patent Debate?

posted by Noel Le @ 4:00 PM | Academia , International , Markets: Business, Investment & Innovation , Patents

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TCS Daily's Rosen on KSR v. Teleflex

posted by Patrick Ross @ 11:53 AM | Patents

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11.17.2006
KSR Reply Brief

posted by James DeLong @ 2:14 PM | Patents

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11.16.2006
Patents and R&D Incentives in the Software Industry

posted by Noel Le @ 5:20 PM | Academia , Patents

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11.15.2006
CCIA on Software Patents

posted by Solveig Singleton @ 9:57 AM | Patents , Software

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Patents & Hindsight Bias

posted by James DeLong @ 8:54 AM | Patents

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VoIP Patents

posted by James DeLong @ 8:38 AM | Patents

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11.14.2006
Patenting by the Business Model, Firm Maturity and Innovation Practice

posted by Noel Le @ 10:19 AM | Academia , Markets: Business, Investment & Innovation , Patents

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11.13.2006
And the Patent Winner Is . . .

posted by James DeLong @ 2:20 PM | Patents

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11. 8.2006
Patents and the Path of Technological Knowledge

posted by Noel Le @ 4:46 PM | Academia , International , Patents

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11. 6.2006
Just Patent It, You'll Feel Better

posted by Noel Le @ 8:00 AM | Academia , Patents

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11. 3.2006
Common Basis for Copyrights and Patents

posted by Noel Le @ 4:20 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Patents

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11. 1.2006
Careful When You Say "Monopoly"

posted by Noel Le @ 8:28 AM | DMCA , DRM & Watermarks, etc. , Free Culture Movement , Markets: Business, Investment & Innovation , Patents

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10.30.2006
MNCs Bring Benefits to India

posted by Noel Le @ 1:57 PM | International , Patents

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My Daughter the Capitalist

posted by Patrick Ross @ 10:55 AM | Markets: Business, Investment & Innovation , Patents

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KSR and the Patent Examiner

posted by Solveig Singleton @ 10:36 AM | Patents , Supreme Court

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Patents in the Bubble Burst

posted by Noel Le @ 8:00 AM | Markets: Business, Investment & Innovation , Patents

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10.28.2006
Supreme Court Takes AT&T v Microsoft Patent Case

posted by Noel Le @ 2:27 PM | International , Patents

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10.27.2006
KSR: For the the Respondent

posted by James DeLong @ 10:02 AM | Patents

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10.25.2006
Fore! Patents

posted by Noel Le @ 8:00 AM | Patents

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10.24.2006
IBM v. Amazon

posted by James DeLong @ 8:13 AM | Patents

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10.23.2006
Letter to PTO Regarding Continuations

posted by Solveig Singleton @ 11:06 AM | Patents

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10.20.2006
The Perfectionism of IP Critics

posted by Noel Le @ 12:46 PM | DMCA , DRM & Watermarks, etc. , Free Culture Movement , Markets: Business, Investment & Innovation , Patents

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10.19.2006
Large Firms & Patents

posted by James DeLong @ 9:27 AM | Patents

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Article on History of Patent Systems

posted by Solveig Singleton @ 8:29 AM | Patents

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10.18.2006
NBER Project: Who Owns Patents

posted by Noel Le @ 8:00 AM | International , Patents

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10.17.2006
Intellectual Property Owners Comments on Quality

posted by Solveig Singleton @ 8:03 AM | Patents

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10.16.2006
Now Who Could it Be? Hmmm

posted by Noel Le @ 3:52 PM | Academia , Patents

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Patents Gain Global Popularity

posted by Noel Le @ 1:53 PM | International , Patents

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Patents in University and Industry Collaboration

posted by Noel Le @ 1:39 AM | Patents , Universities

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Entering and Staying in Markets With Patents

posted by Noel Le @ 12:29 AM | Markets: Business, Investment & Innovation , Patents

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10.11.2006
Foreign Sales of Infringing Software Components

posted by Noel Le @ 9:58 AM | International , Patents , Supreme Court

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10. 5.2006
First, Get Your Theories Straight

posted by Noel Le @ 12:09 PM | Markets: Business, Investment & Innovation , Patents

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10. 4.2006
Purifying Patent Policy Discourse

posted by Noel Le @ 3:33 PM | Patents

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10. 3.2006
More Obviousness from the Federal Circuit

posted by Solveig Singleton @ 8:37 PM | Patents , Supreme Court

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The Innovation Patent and other "Lite" Patents

posted by Solveig Singleton @ 11:43 AM | Patents

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09.27.2006
IBM's Open Patent Polcy Announcement , . . .

posted by James DeLong @ 11:18 AM | Patents

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09.26.2006
Love Thy Work

posted by Noel Le @ 1:16 PM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , Big Tent , DMCA , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Patents

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Patently-O on Adam Mossoff's new paper

posted by Solveig Singleton @ 7:58 AM | Academia , Patents

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09.25.2006
Patent Office Strategic Plan

posted by Solveig Singleton @ 9:16 AM | Patents

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09.24.2006
Please Spell Out that Patent

posted by Noel Le @ 6:59 PM | Patents

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09.21.2006
Patents, Entry and Growth in the Software Industry, . . .

posted by James DeLong @ 1:14 PM | Patents , Software

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09.20.2006
Endless Aspen

posted by Amy Smorodin @ 1:45 PM | Art , Aspen , Big Tent , DMCA , DRM & Watermarks, etc. , Patents

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09.13.2006
Patent Reform and Copyright Modernization

posted by Patrick Ross @ 2:27 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , Legislation and Legislators , Patents

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09.12.2006
More on eBay & Injunctions

posted by James DeLong @ 1:34 PM | Patents

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More on KSR & Nonobviousness

posted by James DeLong @ 1:10 PM | Patents

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09.11.2006
Too Obvious to Innovate

posted by Noel Le @ 1:19 PM | Patents

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09. 7.2006
Moore Valuable Patents

posted by Noel Le @ 4:06 PM | Patents

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Valuable Patents

posted by Noel Le @ 4:01 PM | Patents

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09. 6.2006
Moore's Patent Law

posted by Noel Le @ 8:33 AM | Patents

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Patent Troll Slayers...

posted by Noel Le @ 8:12 AM | Patents

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09. 5.2006
Digital Copyrights w/ a Natural Look?

posted by Noel Le @ 11:19 PM | DMCA , Patents

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Patently Non-Obvious?

posted by Patrick Ross @ 9:20 AM | Patents

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09. 1.2006
Merges on Patents, Small Firms and Innovation

posted by Noel Le @ 7:40 PM | Patents

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USPTO Demotes Wikipedia

posted by Noel Le @ 1:02 PM | Patents

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08.30.2006
Patents and Development

posted by Solveig Singleton @ 1:42 PM | Patents

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08.29.2006
Thats an Obvious Patent, Duh

posted by Noel Le @ 1:07 PM | Patents

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All the KSR Briefs you ever wanted

posted by Solveig Singleton @ 7:39 AM | Patents , Supreme Court

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08.28.2006
Duffy on the Non-Obvious Doctrine

posted by Noel Le @ 2:31 PM | Patents

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The FTC Spanks Rambus

posted by Solveig Singleton @ 1:20 PM | Antitrust , Patents , Standards

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Innovation and Patents, Its Not that Simple

posted by Noel Le @ 9:54 AM | Academia , Markets: Business, Investment & Innovation , Patents

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08.27.2006
Breaking Down the IP Debate

posted by Noel Le @ 10:26 PM | General , Patents

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08.25.2006
Shaping American Law for Open Source and Free Software?!?!

posted by Noel Le @ 5:23 PM | Free Culture Movement , Patents , Supreme Court

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08.23.2006
Assumptions about IP

posted by Noel Le @ 3:45 PM | Markets: Business, Investment & Innovation , Patents

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08.22.2006
Giving Right to (Mis)Appropriation

posted by Noel Le @ 6:05 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Internet: P2P, Search Engines... , Patents

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08.14.2006
Background for KSR v. Teleflex--UK Comparison

posted by Solveig Singleton @ 1:46 PM | International , Patents , Supreme Court

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What Lemley Would Do with Patents and Open Source

posted by Noel Le @ 12:54 PM | Free Culture Movement , Patents , Standards

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Patent Progress

posted by James DeLong @ 11:12 AM | Patents

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Free For a Limited Time Only!

posted by Patrick Ross @ 8:58 AM | Markets: Business, Investment & Innovation , Patents

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08.10.2006
Strong Patents, Strongly Enforced

posted by James DeLong @ 8:29 AM | Patents

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08. 7.2006
Chips on Big Blue

posted by Noel Le @ 8:46 PM | Free Culture Movement , Markets: Business, Investment & Innovation , Patents

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08. 4.2006
Patent Reform Bill - Code Blue

posted by James DeLong @ 12:34 PM | Patents

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Hatch-Leahy Patent Bill

posted by James DeLong @ 9:52 AM | Patents

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08. 3.2006
Open Innovation: IP and OSS

posted by Noel Le @ 1:19 PM | Academia , Free Culture Movement , Markets: Business, Investment & Innovation , Patents

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08. 1.2006
Do Copyright Trolls Exist?

posted by Noel Le @ 3:07 PM | Academia , Markets: Business, Investment & Innovation , Patents

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07.27.2006
Networking Patents

posted by James DeLong @ 8:46 AM | Patents

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07.17.2006
Why Trolls? A Comparative Approach

posted by Solveig Singleton @ 2:34 PM | International , Patents

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07.13.2006
I Ask You, What is a Patent Troll?

posted by Noel Le @ 1:39 PM | Patents

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07.12.2006
Small Companies Mean Big Business

posted by Noel Le @ 1:58 PM | General , Patents

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07.10.2006
Industry-Specific Patent Rules: A Comment

posted by Solveig Singleton @ 3:49 PM | Patents

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Ben Franklin and Patents

posted by Solveig Singleton @ 11:56 AM | Liberty and IP , Patents

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Further Injunction News post-Ebay v. Mercexchange

posted by Solveig Singleton @ 11:48 AM | Patents , Supreme Court

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07. 2.2006
KSR v. Teleflex--preliminary thoughts.

posted by Solveig Singleton @ 5:53 PM | Patents

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06.28.2006
More Fun with eBay v. MercExchange

posted by Solveig Singleton @ 3:44 PM | Patents , Supreme Court

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Research on Patents in China

posted by Solveig Singleton @ 8:19 AM | International , Patents

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06.26.2006
Another Post-eBay Injuction case to watch

posted by Solveig Singleton @ 1:54 PM | Patents , Supreme Court

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KSR Statement

posted by James DeLong @ 1:07 PM | Patents

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IP in China: not Perfect, but Important

posted by Noel Le @ 11:34 AM | International , Patents

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FLASH: Cert Granted in KSR

posted by James DeLong @ 10:51 AM | Patents

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06.23.2006
Gonzales Curbs Piracy

posted by Noel Le @ 12:30 PM | Counterfeit , Patents

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06.22.2006
Arrgh!

posted by James DeLong @ 11:33 AM | Patents

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06.20.2006
"Securitizing Intellectual Property" from The Economist

posted by Solveig Singleton @ 3:39 PM | Accounting , Markets: Business, Investment & Innovation , Patents

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University Research Patenting, US Innovation a Model to Follow

posted by Noel Le @ 7:43 AM | Patents , Universities

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06.19.2006
Lemley on Patents

posted by Noel Le @ 10:55 AM | Patents

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You Get What You Measure

posted by Solveig Singleton @ 8:31 AM | Patents

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06.16.2006
Post eBay v. Mercexchange Injunction Denied...

posted by Solveig Singleton @ 1:22 PM | Patents , Supreme Court

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06.15.2006
165 Months to First Action

posted by James DeLong @ 10:32 AM | Patents

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06.14.2006
Patents Enable Pharmaceutical Industry in India

posted by Noel Le @ 9:31 AM | Patents

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Is Anything Hiding Under the Bridge?

posted by James DeLong @ 9:02 AM | Patents

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06.12.2006
Patents and Open Source, A Business Model Debate

posted by Noel Le @ 1:47 PM | Patents

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A Metabolite Prediction

posted by Solveig Singleton @ 10:24 AM | Patents , Pharma , Supreme Court

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Nathan Mhyrvold on "Trolls"

posted by Solveig Singleton @ 10:00 AM | Patents

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06. 7.2006
Where is the Anticommons?

posted by Noel Le @ 11:23 AM | Patents

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KSR Decision on Cert Scheduled

posted by James DeLong @ 10:19 AM | Patents

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06. 6.2006
TRIPS Amendment Proposed re Biopiracy

posted by Solveig Singleton @ 7:58 AM | International , Patents , Pharma

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06. 5.2006
Reductio

posted by Solveig Singleton @ 1:41 PM | Comments from Readers , International , Patents , Pharma

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05.31.2006
Patents for the Business

posted by Noel Le @ 3:01 PM | Patents

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Patent Search Software

posted by James DeLong @ 8:15 AM | Patents

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Patent Quality Index (PQI)

posted by James DeLong @ 8:08 AM | Patents

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KSR Comments

posted by James DeLong @ 7:01 AM | Patents

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05.26.2006
KSR & the SG

posted by James DeLong @ 7:16 AM | Patents

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05.25.2006
Examining Examiners: Productivity at USPTO

posted by James DeLong @ 7:37 AM | Patents

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05.24.2006
Patent Hearings

posted by James DeLong @ 2:50 PM | Patents

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05.23.2006
More on eBay v. Mercexchange: Thumbs Down

posted by Solveig Singleton @ 9:06 AM | Patents , Supreme Court

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05.22.2006
WHO or Whom?

posted by Solveig Singleton @ 11:43 AM | International , Patents , Pharma , Prices, Terms, and Licensing

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Senate Patent Hearings Upcoming

posted by Solveig Singleton @ 11:40 AM | Big Tent , Legislation and Legislators , Patents

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05.18.2006
Lichtman on Patents

posted by Amy Smorodin @ 1:28 PM | Patents

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eBay & the Burden of Proof

posted by James DeLong @ 7:51 AM | Patents

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05.17.2006
Aharonian on eBay

posted by James DeLong @ 8:24 AM | Patents

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It's Sinking in--Uneasiness about Ebay Case

posted by Solveig Singleton @ 8:04 AM | Patents , Supreme Court

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05.16.2006
eBay v. MercExchange: Hmmm

posted by Solveig Singleton @ 9:41 AM | Patents , Supreme Court

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05.15.2006
eBay v. MercExchange

posted by James DeLong @ 4:08 PM | Patents

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More Troll Debate on PHOSITA

posted by Solveig Singleton @ 12:16 PM | Academia , Patents

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05.12.2006
The [Patent] Trolls & the Goats

posted by James DeLong @ 8:03 AM | Patents

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05.10.2006
Patent Peer Review

posted by James DeLong @ 9:42 AM | Patents

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Patent Papers

posted by James DeLong @ 9:34 AM | International , Patents

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05. 3.2006
Innovation & Firm Size

posted by James DeLong @ 3:27 PM | Patents

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05. 1.2006
Richard Epstein on Ebay v. MercExchange, Blackberry

posted by Solveig Singleton @ 6:44 AM | Academia , Big Tent , Patents , Supreme Court

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04.25.2006
Richard Epstein on LabCorp vs Metabolite

posted by Solveig Singleton @ 8:33 AM | Academia , Biotech , Liberty and IP , Markets: Business, Investment & Innovation , Patents , Supreme Court

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04.24.2006
Patents & the Individual Inventor

posted by James DeLong @ 7:30 AM | Patents

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04.19.2006
Richard Epstein on IP for The Manufacturing Institute

posted by Solveig Singleton @ 10:28 AM | Academia , Big Tent , Free Culture Movement , Liberty and IP , Patents

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04.18.2006
Patents Depend on Quality Act of 2006

posted by Solveig Singleton @ 7:35 AM | Big Tent , Legislation and Legislators , Patents

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04.17.2006
To Try: Paying for Higher Levels of Patent Protection...

posted by Solveig Singleton @ 11:13 AM | Academia , Patents

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04. 7.2006
A Tale of Two Auctions

posted by Charles Eldering @ 6:03 PM | Patents

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04. 6.2006
A Noble Patent Auction Experiment

posted by Charles Eldering @ 11:35 PM | Patents

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04. 5.2006
Must Read--Adam Mossoff's History of Patents

posted by Solveig Singleton @ 11:02 AM | Academia , Liberty and IP , Patents , Physical Property

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New Patent Column

posted by James DeLong @ 10:58 AM | Patents

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The Role of the Patent Examiner

posted by Solveig Singleton @ 9:15 AM | Patents

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03.30.2006
Supreme Court Roundup: Ebay

posted by Solveig Singleton @ 8:21 AM | Big Tent , Biotech , Patents , Pharma , Prices, Terms, and Licensing , Software

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03.29.2006
Missing Third World Medicines?

posted by Solveig Singleton @ 3:11 PM | International , Patents , Pharma

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