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Testimony Before The House Committee On Energy And Commerce, Hearing On Patent Demand Letter Practices And Solutions, Paul Gugliuzza
Testimony Before The House Committee On Energy And Commerce, Hearing On Patent Demand Letter Practices And Solutions, Paul Gugliuzza
Faculty Scholarship
A small number of patent holders have been abusing the patent system. These patent holders blanket the country with thousands of letters demanding that the recipients purchase a license for a few thousand dollars or else face an infringement suit. The letters are usually sent to small businesses and nonprofits that do not have the resources to investigate allegations of patent infringement. And the letters often contain false or misleading statements designed to scare the recipient into purchasing a license without investigating the claims of infringement. In an attempt to address this problem, eighteen states have recently passed statutes that, …
Alice Corp. V. Cls Bank Int'l, Jordana Goodman
Alice Corp. V. Cls Bank Int'l, Jordana Goodman
Faculty Scholarship
Congress has the power "to promote the Progress of Science and useful Arts."' Patent law subject matter eligibility under 35 U.S.C. section 101 creates a balance between incentivizing inventors to publicly disclose their knowledge and protecting the public from monopolies on ideas. Allowing inventors to monopolize the basic tools of scientific and technological work might "tend to impede innovation more than it would tend to promote it."2 "Laws of nature, natural phenomena, and abstract ideas" constitute unpatentable subject matter under section 101.3 The section 101 inquiry serves as a threshold test to determine if the subject matter of …