“True liberty, by protecting the exertions of talents and industry, and securing to them their justly acquired fruits, tends more powerfully than any other cause to augment the mass of national wealth.”
— Alexander Hamilton, Defense of the Funding System
Samsung Electronics v. Netlist
Samsung petitioned IPR proceedings at the request of Google, a time-barred real party in interest that failed multiple tries to invalidate the challenged claim. PTAB granted IPR, ignoring the Federal Circuit's In re Vivint and its own precedential General Plastic test.
Centripetal Networks v. Cisco
IP rights only work when they can be enforced through judicial process with meaningful remedy. The appellate ruling undermines confidence in the judicial process and harms innovators that confront willful infringement committed by larger competitors.
Comments on 101 Guidance
PTO's fresh look at the patent eligibility guidance should expand its usage, including for training, in ways PTO clearly has the latitude to pursue. Such an effort would help broaden understanding within PTO and PTAB and of other officials and stakeholders.
Oppo to 30X30 Land Plan
The federal government already own’s 27% of America’s land mass. 30X30 targets massive amounts of privately owned land for government control as well as eliminating natural resource production on public lands.
OpenSky, Intel, & PQA v. VLSI at PTAB
It should be a “red flag” suggestive of abuse when a petitioner would not otherwise have Article III standing in court; when a petitioner seeks to undue an existing district court judgment, where the patent has already survived examination in court; when the apparent motive of the PTAB challenge is to impose cost and burden for litigation leverage.
Antitrust Bills’ Harm
Shifting the focus of antitrust law away from helping consumers and toward bolstering competitors would hinder economic growth and undermine decades of antitrust precedent. Moreover, they offer no solution to broader concerns about technology and privacy.
Opposition to S. 2992
Sen. Amy Klobuchar’s antitrust bill, the American Innovation and Choice Online Act, gives the Biden administration vast new regulatory authority over American businesses, fails to address conservative censorship concerns and would make inflation worse for American families.
Senate PDUFA Should Drop Dangerous Drug Importation
Drug importation is inherently high-risk. No HHS secretary, Republican or Democratic, from 1987 until 2020 dared to deem importation as safe for patients or significantly cost-saving for U.S. consumers. Nothing’s changed. Drug importation risks harm from adulterated or counterfeit pharmaceuticals.
Senate and House Hearings on PTAB
PTAB endangers America’s inventors whose commercial success is vital to our global leadership in innovation. Beleaguered inventors face tremendous threats, due to PTAB and its most frequent users, Big Tech and Chinese national champions.
Palo Alto Networks v. Centripetal Networks
CPR strongly supports Centripetal Networks’s request for rehearing and POP review of the decision instituting IPR. Centripetal won in Article III court. Palo Alto is gaming the system to get leverage in separate litigation involving different patents.
CPR Applauds RSC’s FY23 Budget
The Republican Study Committee FY 2023 budget would repair America’s fiscal foundation and empower people. It’s a brilliant blueprint for addressing America’s urgent problems.
80 Conservatives Oppose 95% Rx Tax
In a time of inflation levels not seen in decades, the last thing Americans need is a 95% tax that would nearly double the price of the prescription medicines they need to live healthy and fulfilling lives. A price control to avoid the tax isn’t a better option.
ATR-Led Oppo to TRIPS Waiver on American Innovation
Waiving TRIPS would allow foreign countries to immediately seize patents and clinical data of American businesses in order to attempt to produce COVID-19 vaccines. This would give foreign countries access to sensitive, valuable proprietary information belonging to American businesses.
CPR Joins Amicus Brief in Sackett v. EPA
Amici urge the Supreme Court to adopt a "continuous surface connection" standard in WOTUS wetlands cases under the Clean Water Act. This will reduce regulatory takings and Fifth Amendment violations.
CPR Support for S. 3772 to Stop Chinese Courts
The Defending American Courts Act ensures that intellectual property owners have access to U.S. courts and can exercise their American IP rights. S. 3772 would constrain the use of a disturbing, growing practice of certain foreign courts, particularly in China.
Opposition to Misuse of Bayh-Dole March-In
Some 31 signers from 29 center-right groups urge HHS to ignore calls and petitions asking HHS to deliberately twist the plain meaning of the bipartisan Bayh-Dole Act in ways that would decimate technological and medical progress.
Comments on Draft SEP Policy Statement
DOJ's draft statement on standards-essential patents falls short of achieving the proper balance, neutrality, and respect for both innovators and implementers in their complementary roles related to innovation, SEPs, and licensing.
Budget Reconciliation & Inflation
H.R. 5376 will worsen the hidden "tax" of inflation, already reaching the highest level in 30 years. Inflationary pressures will stem from the climate provisions, adverse effects on our mature domestic energy industry, government price controls that will stifle U.S. innovation and competitiveness, and massive new government spending.
Opposition to Budget Reconciliation Tax Schemes
CPR joined 112 family business advocates urging congressional tax writers not to tax "phantom [capital] gains in any form, whether through unrealized gains at death or through the recently released mark-to-market approach."
The Restoring America's Leadership in Innovation Act
H.R. 5874, the Restoring America’s Leadership in Innovation Act, would strengthen private property rights in one’s inventions and discoveries. The bill would go a long way toward reversing the antipatent onslaught of recent years. RALIA would counter the sustained assault by courts, Congress, the Administrative State, and patent-infringer interests.
Support for RSC's Countering Communist China Act
The Republican Study Committee has crafted effective legislation in the Countering Communist China Act. Its comprehensive approach reflects the fact that America’s industrial competitiveness is at stake when adversaries can freely break the rules, conduct espionage and plunder American private property — especially patents and other IP.
CPR Briefing on Property Rights
This webinar, hosted by Conservatives for Property Rights, highlights how ownership rights relate to private property of every type. Keynote Speaker: Rep. Dan Newhouse (R-Wash.), House Chairman, Congressional Western Caucus.
CPAC panel on patent property rights with, L-R, CPR Executive Director Jim Edwards, CPR member-Tea Party Patriots' Jenny Beth Martin and USPTO Director Andrei Iancu.