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Patent Law

Does Patent Litigation Need a Federal Solution? - Podcast

Intellectual Property Practice Group Podcast
Eli Dourado, Jay Kesan May 13, 2015

The America Invents Act, the first substantial legislative changes to patent law, took effect two years ago. Late last year, attempts to reform patent law stalled when late opposition to the proposed act was voiced. This year, a number of legislative proposals are under consideration in both houses of Congress. Some proponents of patent reform cite increasing patent litigation as a key indicator that reform is necessary, while opponents argue that the empirical evidence used to support those claims is faulty. Our experts debated new and old empirical evidence, and the underlying need for further patent reform.  Professor Kesan referred to a PowerPoint prseentation available for download on this page.

  • Eli Dourado, Director of Technology Policy Program, Research Fellow, Mercatus Center, George Mason University School of Law
  • Prof. Jay Kesan, H. Ross & Helen Workman Research Scholar, Director, Program in Intellectual Property and Technology Law, University of Illinois College of Law

Should a royalty agreement exceed the life of a patent?

Short video featuring Greg Dolin
Gregory Dolin May 12, 2015

Professor Greg Dolin of the University of Baltimore School of Law discusses the dispute in Kimble v. Marvel, a case argued before the Supreme Court in March.  Petitioner Kimble invented and patented a toy.  Respondent Marvel contractually agreed to pay royalties on that patent that included a period of time after the expiration of the patent.  The Court is being asked to overrule a precedent dating back to 1964 which held such agreements to be unlawful per se.  

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Patent Agreements, Patent Validity, and the Supreme Court - Podcast

Intellectual Property Practice Group Podcast
Gregory Dolin April 20, 2015

In two separate cases to be argued the week of March 30, 2015, the U.S. Supreme Court continued to provide close oversight, often with critical disagreement, of the U.S. Court of Appeals for the Federal Circuit in the area of patent law. The Supreme Court will decide whether a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se. In a second case, the Court will determine whether a defendant's belief that a patent is invalid is a defense to induced infringement. Our expert was on hand to hear the oral arguments and reported to our Teleforum audience.

  • Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law

Current Issues in Patent Law and Policy - Event Audio/Video

2015 National Student Symposium
Phyllis Turner-Brim, A. Douglas Melamed, Michael J. Meurer, Adam Mortara, Danny J. Boggs April 17, 2015

Our patent system has historically been thought to be an engine of innovation, but it is much criticized today. Is a one-size-fits all model for patent duration appropriate in today's technological environment or does it simply incentivize unnecessary litigation? For instance, the rapid pace of technological change in some areas may obviate the need of lengthy patents in some areas. Should certain innovation—such as business processes be patentable? Should the patent office be reorganized or split up to better assess patents. What other types of incentives, including those provided by copyright or prizes, provide alternatives to patents?

  • Ms. Phyllis Turner-Brim, Chief Intellectual Property Counsel, Intellectual Ventures
  • Prof. Doug Melamed, Visiting Professor, Stanford Law School
  • Prof. Michael Meurer, Boston University School of Law
  • Mr. Adam Mortara, Partner, Bartlit Beck Herman Palenchar & Scott LLP
  • Moderator: Hon. Danny J. Boggs, U.S. Court of Appeals, Sixth Circuit

This program was presented on February 21, 2015, as part of the 2015 Federalist Society National Student Symposium.

Commil USA v. Cisco Systems and Kimble v. Marvel Enterprises - Post-Argument SCOTUScast

SCOTUScast 4-15-15 featuring Greg Dolin
Gregory Dolin April 15, 2015

On March 31, 2015, the Supreme Court heard oral argument for two cases: Commil USA, LLC v. Cisco Systems and Kimble v. Marvel Enterprises. In Commil, the question is whether a defendant's good-faith belief that a patent is invalid is a defense against a claim of induced patent infringement. In Kimble, the issue concerns whether the Court should overturn a long-standing precedent under which a patent-holder cannot obtain royalty payments beyond the expiration of the patent. 

To discuss these cases, we have Prof. Gregory Dolin, Associate Professor of Law and Co-director, Center for Medicine and Law, University of Baltimore School of Law.