Supreme Court Gold Plates Low-Quality Patents

Today the Supreme Court upheld the Federal Circuit’s protective view of low-quality patents in Microsoft v. i4i.  Despite the limited review at the Patent and Trademark Office, the Court affirmed that once granted, a patent can only be invalidated by “clear and convincing evidence,” a strong presumption of validity that is especially helpful for marginal…

How open is open?

In December, the long awaited version 2.0 of the European Interoperability Framework (EIF) was released by the European Commission. Version 1.0 had defined “open standard” as royalty-free, a definition of enormous impact on standards policy because it focused on the user perspective rather than the perspective of standards development organizations. Some standards organizations claim that…

Patent Reform On New Subcomittee's Agenda

As Congress returns this week, intellectual property reform will likely be high on the agenda of the Judiciary committee’s new Subcommittee on Intellectual Property, Competition and the Internet.  Patent mayhem has not abated during the hiatus in reform efforts.  The unprecedented litigation foodfight in the smartphone marketplace, for example, continues to grow, with Sony filing ITC claims against LG. …