Monthly Archives: May 2017

BECKERMAN: “Low-quality patents continue to fuel litigious patent trolls and undermine every part of our economy – from the growing technology sector to mom-and-pop retail shops.”

Washington, DC – Internet Association submitted comments today to the U.S. Patent and Trademark Office (USPTO) in response to the USPTO’s Patent Trial and Appeal Board (PTAB) Procedural Reform Initiative. In the comments, Internet Association outlines why major changes are unnecessary at PTAB because the panel is effectively serving its purpose.

“Low-quality patents continue to fuel litigious patent trolls and undermine every part of our economy – from the growing technology sector to mom-and-pop retail shops,” said Michael Beckerman, President and CEO of Internet Association. “Robust, effective post-grant review programs, including IPR, help ensure our intellectual property system is the worldwide gold standard. USPTO should be commended for its dedication to periodically reviewing PTAB procedures for effectiveness, but their own findings show there is no need for large scale, disruptive alterations to post-grant review at this time.”

The comments outline the ways in which PTAB benefits the patent system:

• PTAB successfully implemented the America Invent Act’s plan to provide an effective and fair system for conducting challenges to patentability and this plan is ultimately more workable and flexible than expensive, drawn-out litigation.
• PTAB preserves the rights of both patentees and challengers thanks to PTAB’s procedural and evidentiary standards, as well as the panel’s ability to prevent abusive actions.
• PTAB is weeding out the worst of the worst patents. In addition to throwing out about half of all petitions and claims before trial:
  • Only 23 percent of the 4,563 IPR review petitions filed through March 2017 resulted in Final Decisions holding all instituted claims unpatentable.
  • Only 24 percent of 70,060 IPR petitions terminated through March 2017 were held unpatentable in a Final Written Decision.

From the comments: “The PTO has successfully implemented the congressional plan. Current PTAB proceedings provide an effective and fair mechanism for administrative review of the patentability of patent claims post-issuance. These proceedings are now an essential tool for addressing the assertion of low-quality patents and in improving general patent quality. The agency has implemented a mechanism for public challenges to patentability that is faster than inter partes reexamination, more flexible than the court system, and ultimately more workable and efficient for patent owners and patent challengers than any prior mechanism. Changes to PTAB procedures should not diminish that achievement. Indeed, any revision of PTAB procedures should be done cautiously and in view of this great success.”

To read the full comments, click here.

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Internet Association Director Robert Callahan issued the following statement on a newly proposed transportation regulatory scheme in Nevada that would potentially eliminate ridesharing services in the state:

“The Nevada Legislature is contemplating a radical transportation proposal that will move the state backward. This proposed regulatory scheme is nothing more than a thinly veiled effort to recreate the old taxicab monopoly by eliminating ridesharing services from the state. If this proposal is passed, Nevada will become the only state in the nation to reject progress and better accessibility to transportation options for its residents. This proposal would limit choice for consumers and kill innovation. Carson City should instead focus on passing smart laws that will benefit all Nevadans and the state’s visitors.”

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Internet Association Vice President of Public Affairs & Communications Noah Theran issued the following statement on the BROWSER Act:

“We, along with a broad swath of the American economy, are aware of the BROWSER Act and are tracking the proposal. This bill has the potential to upend the consumer experience online and stifle innovation. Policymakers must recognize that websites and apps continue to be under strict FTC privacy enforcement and are not in an enforcement gap, unlike other stakeholders in the ecosystem.”

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Internet Association President and CEO Michael Beckerman issued the following statement on the nomination of Vishal Amin as U.S. Intellectual Property Enforcement Coordinator (IPEC):

“Vishal Amin’s experience with domestic policy and intellectual property law makes him well suited to serve as the next IPEC and fulfill the Office’s mission to empower American entrepreneurs and the general public through balanced IP policy. The balance enshrined in U.S. intellectual property law is foundational to the explosive growth in creative content and free expression fueled by online platforms. Flexible frameworks, including robust limitations and exceptions like fair use, and the safe harbors are critical for the growth of legitimate content and creativity at home and around the world.

“The internet was responsible for more than 6% of U.S. GDP in 2014 alone and 3 million direct American jobs, in addition to empowering creators and innovators of all sizes through lowered barriers of entry and access to global markets at the touch of a button. Internet Association urges the Senate to quickly confirm Mr. Amin to the position, and we look forward to working with the IPEC to ensure a vibrant internet ecosystem.”

Internet Association General Counsel Abigail Slater issued the following statement on the Supreme Court’s decision in the TC Heartland patent venue case:

“The Supreme Court’s unanimous decision in TC Heartland is a welcome and important step in bringing fairness back to patent litigation. This decision should curb forum shopping, which has allowed patent trolls the leg up in litigation and stifled innovation. Internet Association worked to file an amicus brief in this case alongside a large and diverse coalition of 48 businesses and associations. We congratulate all involved and appreciate the Court’s common sense opinion.”

Washington, DC – Today, Internet Association President & CEO Michael Beckerman issued the following statement on the FCC’s vote to begin a Notice of Proposed Rulemaking (NPRM) process to reverse the 2015 Open Internet Order.

“The 2015 rules are working, and the internet industry remains opposed to any changes to FCC regulations governing net neutrality. ISPs should not be able to use their position as gatekeepers to prioritize their own content over others. Internet companies stand with consumers, startups, and other beneficiaries of the ecosystem in our fight to maintain a free and open internet.”

Internet Association recently released new economic research that shows the 2015 Open Internet Order did not reduce investment. From the research:

“ISP investment is up over time, and shows no decline as a result of Title II reclassification in 2015. By multiple, independent metrics, ISP claims of depressed investment don’t mesh with reality. From actual capital expenditure numbers, to patents, to prices, Title II has not had the effects that ISPs claim.”

To see the research findings, click here.

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Internet Association Vice President of State Government Affairs Dustin Brighton released the following statement on Illinois “Right to Know” Act (HB 2774) and Geolocation Privacy Protection Act (HB 3449):

“The internet industry calls on Governor Rauner to veto the Illinois “Right to Know” Act (HB 2774) and Geolocation Privacy Protection Act (HB 3449). These pieces of legislation impose unfair burdens on any company that wants to engage in business online in Illinois and will harm growth and jobs in the Prairie State.

“HB 2774 would require any company who wants to do business online in Illinois to create enormous databases of personal information about their website’s visitors – connected to real names – that they wouldn’t otherwise have created. Not only would this dramatically raise the costs of online commerce in every form, but it would also create serious privacy and data security risks for citizens of Illinois.

“HB 3449 would create costly, duplicative disclosure and consent requirements for any website and individual (with a few arbitrary exceptions) that want to use location data of Illinois residents for any purposes – even something as innocuous as a navigation app.

“These two bills do not enhance consumer protections. Instead, they make it more difficult for any company to do business in Illinois and create onerous requirements that will stymie job creation and economic growth in the state.”

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Washington, DC – Today, Internet Association sent a letter to U.S. Trade Representative Robert Lighthizer outlining the internet industry’s digital trade priorities. From the letter:

“Internet Association represents the world’s leading internet companies. The internet sector is responsible for 6 percent of U.S. GDP and 3 million American jobs. IA members help power a massive $159 billion digital trade surplus for the United States, and each year, help U.S. manufacturers export $86.5 billion in products and services through online sales. American exporters – small and big – from every state and in nearly every sector of the economy rely on internet-enabled tools to reach foreign customers and suppliers.”

To read the full letter, click here.

Internet Association President & CEO Michael Beckerman issued the following statement on the confirmation of Robert Lighthizer as United States Trade Representative:

“The internet industry welcomes the confirmation of Robert Lighthizer as U.S. Trade Representative. Ambassador Lighthizer’s years of experience in trade policy will serve him well in crafting U.S. trade policies that enable the United States to maintain its leadership on digital trade. The internet is responsible for 6 percent of U.S. GDP, 3 million American jobs, and is responsible for a massive $159 billion digital trade surplus. We look forward to working with Ambassador Lighthizer to create sound digital trade policies that allow internet-enabled businesses of all sizes to grow and thrive.”

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Internet Association President & CEO Michael Beckerman released the following statement on reports of threats and hateful speech in the net neutrality debate:

“Threats and racist remarks directed at Chairman Pai – or any person – are wrong. Chairman Pai is a decent and kind person, and while we disagree on net neutrality, I have tremendous respect for him. Internet Association and its members are committed to an open and safe environment online for internet users to freely express themselves. That commitment extends to public policy discussions. Hateful or threatening speech in any form is counter to our mission and values. The merits of net neutrality can be articulated with both passion and respect. We stand with the millions of people who advocate for a free and open internet but also strongly denounce the use of hateful or threatening language to achieve this goal. ”

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