Monthly Archives: December 2017

Net Neutrality Repeal is Anti-Consumer but the Problem is Even Bigger

This article was originally published on Commercial Appeal, part of the USA Today Network, as an opinion piece written by Mark Vorder-BrueggeClick here to view the original publication.

net neutrality

The Federal Communications Commission has now repealed its own 2015 “Net Neutrality” regulations. As controversial as this has been, it is just a small part of the federal government’s massive policy failure concerning the Internet.

Media reports over the past 15 years have detailed extensive horror stories of monopolistic service options, consumer price-gouging, frequent outages, and downright hostile support personnel.

A truly legitimate policy would be something like this: “High-speed, high-quality Internet access available to everyone at competitive prices, with minimal service disruptions and effective, user-friendly provider support.”

No version of the FCC regulations or any other agency initiatives, or Congress, or any president, has ever adopted a comprehensive policy of this type.

Continue reading Net Neutrality Repeal is Anti-Consumer but the Problem is Even Bigger

Is Inter Partes Review Unconstitutional?

By Stephen Hall

iStock_000019576650Large“Adjudication:”  a proceeding which leads to a judicial decision

On November 27, 2017, the Supreme Court heard arguments concerning a challenge to the most frequent form of patent challenges before the United States Patent and Trademark Office (“USPTO”), known as inter partes review (“IPR”).  The USPTO is a federal agency empowered by Congress to grant patents and perform other functions related to patents.  Its other functions include the authority to review previously granted patents and determine whether they were, in fact, validly granted.

In some cases, the need for review may occur because material not found by the patent examiner would have prevented the patent from being granted in the first place.  With all the millions of patents, published applications and journal articles in this country and worldwide, as well as other written publications, industry standards and activities that could affect the right to a patent, there is no system of patent searching guaranteed to uncover every relevant item.  Thus, for several decades, Congress has authorized Continue reading Is Inter Partes Review Unconstitutional?

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