Quarterly Patent Review: Summer 2019
There is a continuing push to clear up patent eligibility issues under 35 U.S.C. § 101. A draft, bi-partisan bill was released by Senators Tillis and Coons on May 22. Importantly, the bill calls to eliminate all judicially created exceptions to patent eligibility, including abstract ideas, laws, of nature, and natural phenomena. Reactions to this bill have predictably been mixed.
- 5/22: Press Release of Draft Bill to Reform Section 101 of the Patent Act | Thom Tillis
- 5/22: Draft Text of Proposed New Section 101 Reflects Patent Owner Input | Eileen McDermott, IPWatchdog
- 5/23: The Tillis-Coons patent bill will be a disaster for innovation | Alex Moss, Electronic Frontier Foundation
There are no major patent cases pending before the Supreme Court.
The Federal Circuit refused to follow the USPTO's new guidelines on eligibility in two cases, leading to even more confusion.
- 4/9: Are We Back to Square One? | Louis Carbonneau, Tangible IP
From Richardson Oliver Insights' Patent Market Report, the brokered patent market in 2018 grew to $353 Million. However, the average price per patent asset continued its decline. The main takeaway is that while there is increasing interest from patent buyers, the market price continues to be hamstrung by a tough enforcement landscape. In other major news, Apple settled its patent dispute with Qualcomm for $4.5 Billion.
- 5/1: Qualcomm will get at least $4.5 billion from Apple as part of its patent settlement | Chaim Gartenberg, The Verge
- 5/7: The Brokered Patent Market Grows To $353 Million In 2018 | Kent Richardson et al., IPWatchdog