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Is Patent Litigation Out of Control?

Is Patent Litigation Out of Control?

By David Kline Critics of the patent system claim we are witnessing an “explosion of patent litigation” unlike any in history that is harming business and diverting resources better spent on innovation. According to Lex Machina, a respected legal analytics firm, there...
Has the Government Made It Too Easy To Invalidate Patents?

Has the Government Made It Too Easy To Invalidate Patents?

By David Kline In June of 2016, the United States Supreme Court issued a ruling in one of the most consequential cases affecting the patent system. On the surface, Cuozzo Speed Technologies v. Lee was about whether the Patent Office (PTO) can use a different standard...
How Can We Stop Chinese Theft of Intellectual Property?

How Can We Stop Chinese Theft of Intellectual Property?

By David Kline The latest figures indicate that the total cost of patent infringement, pirated software, counterfeit goods, an theft of trade secrets costs the U.S. economy somewhere between $225 billion to $600 billion each and every year. And according to the...
Do We Need Venue Reform in Patent Cases

Do We Need Venue Reform in Patent Cases

By David Kline Many defendants in patent infringement cases litigants argue that case law (such as VE Holding in 1990) allowing patent lawsuits to be filed in any district in which the defendant has sales have only encouraged abusive patent litigation. They say this...
Do Patents Really Promote Innovation?

Do Patents Really Promote Innovation?

By David Kline Do patents really promote innovation? This is a matter of no small disagreement. So to answer it, let’s start with the basics: What causes innovation in the first place? Economists have repeatedly demonstrated that inventors are driven primarily by the...