Guest Contributors

19 Feb: Bayh-Dole 40: Celebrating the Past, Protecting the Future

It’s highly appropriate that the 40th anniversary of the Bayh-Dole Act occurs in a year as politically contentious as that in which it passed. In 1980, many predicted that our best years were behind us and that the United States would soon lose its pla…

18 Feb: Time to Close the Gap: Is the PTAB Looking at Prosecution Histories in IPRs?

If a recent decision denying institution of an inter partes review (IPR) is any indicator, the answer to the titular question seems to be no, the Board does not routinely review a challenged patent’s prosecution history—even when the history includes a…

18 Feb: Earth to Google: Here’s Why APIs Need to be Copyrightable

On January 6, 2020, Google submitted its brief in Google v. Oracle, kicking off the Supreme Court case that many are calling the “copyright case of the decade.” The suit pits the search engine platform controlling 93% of the worldwide search market aga…

17 Feb: Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018

As an update to my posts from 2017 and 2019, it has now been more than six years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Still, the IP bar awaits a clear and reliable test to determine when exactly a software (or computer-…

17 Feb: New USPTO Trademark Rules Seek to Streamline Filing and Crack Down on Fraud, But Could Increase Spam

New rules governing all trademark filings with the United States Patent and Trademark Office (USPTO) went into effect two days ago, on February 15. Although the headline is a move to mandatory electronic filing for virtually all trademark applications,…

13 Feb: Space Force, Star Trek, and Strange New Worlds of Trademark Infringement

On January 24, 2020, the United States Space Force logo hit the news — and the photon torpedoes began to fly. Almost instantly, those familiar with the Star Trek Starfleet Command insignia called out a striking similarity, and even George Takei (who pl…

13 Feb: Let the Music Play: The Performance Rights License Marketplace Thrives Only with Vigilant Antitrust Enforcement

On January 26, CBS broadcast the 63rd Annual Grammy Awards, which celebrated America’s finest recording artists and songwriters. Drawing a global audience with performances by super stars such as Aerosmith, Blake Shelton, and Ariana Grande, the event h…

12 Feb: Medical Innovation Depends on Bayh-Dole’s IP Protections

In this age of polarization, it’s almost impossible to imagine Congress enacting bipartisan legislation that would benefit businesses, higher education, and consumers alike. But that is exactly what happened 40 years ago, and it is worth remembering. A…

30 Jan: ‘IP That Works for All’: My Vision for the World Intellectual Property Organization

In the increasingly global environment, our creators, inventors and innovators have continued to lean on the shoulders of the of intellectual property (IP) system as the core of the emergent global knowledge economy and a guarantee for private reward a…