Signs that Delaware is gearing up to handle the post-TC Heartland deluge

The White House is vetting judges for Delaware.

Are IPR’s unconstitutional?

Interesting article on the state of play in the Oil States Energy case.

The current tend in administrative law does not bode well for the current system staying unscathed.  It will be interesting to see if the Supreme Court also takes up the related questions of the constitutionality of administrative law judges in other agencies.   There are definitely lots of cases pending which could become a good vehicle for a complete rewrite of administrative procedures.  For example –


First exclusionary order on an SEP issued by the ITC

The U.S. International Trade Commission apparently has issued an exclusionary order (i.e., a form of injunctive relief) on an SEP.  The written opinion behind the initial determination is still confidential.  It will be interesting to see if it is upheld in the final determination.

Are some Chinese companies starting to lose patience with efficient infringers?

At least the big Western ones it would seem, if this recent shouting match is anything to go by.

Extreme anti-patent assertion company, Kapersky a major security risk?

Brazilian Patent Office may soon automatically grant over a quarter million backlogged patent applications

Google’s strong hold over think tanks and opinion makers, while well known to insiders is still disturbing


Disturbing admission from the USPTO on how it stacks the deck against patent owners disfavored by the Director