Posts Tagged: "innovation"

Yesterday, the United States Patent and Trademark Office (USPTO) held a “public listening session” to hear from industry leaders on the topic of standard essential patents. The event was specifically related to the USPTO’s effort to obtain stakeholder input on questions regarding proposed international standards that were presented in a recent Federal Register Notice, as well as strategies identified in the White House’s National Standards Strategy for Critical and Emerging Technologies.

A recent decision out of the Eastern District of Texas granted the plaintiff patent owner summary judgment with respect to the defendants’ counterclaim that the plaintiff breached licensing related obligations owed to the Institute of Electrical and Electronics Engineers (IEEE) by not communicating with the defendants prior to suing for infringement…. While the result is reasonable, the explanations provided by the court raise several questions.

Generative artificial intelligence (AI) platforms are already reshaping work life for many professionals, including those in the legal industry. On Day 3 of IPWatchdog LIVE 2023, a panel discussion titled “Impact of Generative Artificial Intelligence on Law and Innovation” explored ways that in-house legal teams can advance their company’s use of generative AI to improve productivity while balancing the need to protect confidential data and intellectual property.

Clarity, transparency and integrity were themes consistently referenced by U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal during a lunchtime fireside chat with IPWatchdog Founder and CEO Gene Quinn on Day 3 of IPWatchdog LIVE 2023. Throughout the discussion, which ran the gamut from the agency’s current rulemaking to potential issues with emerging technologies, Director Vidal strongly encouraged public participation from stakeholders to improve the functioning of the nation’s patent and trademark-granting agency.

Judge Pauline Newman, who is currently in the midst of a very public fight with the Chief Judge of her court, received two lengthy standing ovations at IPWatchdog LIVE on Monday as she accepted her induction into the IPWatchdog Masters Hall of Fame, and also presented the inaugural Pauline Newman Award to Henry Hadad of Bristol-Myers Squibb. Newman had a message for those in attendance that hinted at the need for a possible “major upheaval” of the judicial system for IP rights.

On day two of IPWatchdog LIVE, J. John Lee, Chief Counsel for Intellectual Property for the U.S. House of Representatives, Committee on the Judiciary, told those who are skeptical of the chances for Senators’ Tillis and Coons’ Patent Eligibility Restoration Act (PERA) to move forward that a House version of the bill is likely to be introduced in the near future. Lee, who is principal advisor on IP issues and helms the Subcommittee on Courts, Intellectual Property, and the Internet, was speaking on a panel titled “Politics, Policy and Legislation at the Intersection of Intellectual Property,” which also featured David Jones of the High-Tech Inventors Alliance; Joe Matal of Haynes Boone, LLP and former U.S. Patent and Trademark Office (USPTO) Acting Director and Acting Solicitor; and Eli Mazour of Harrity & Harrity.

The third annual IPWatchdog LIVE conference opened with panels examining global trends in IP policy and a review of U.S. Supreme Court case law, as well as the presentation of the third annual Paul Michel Award, which each year honors a respected industry leader and advocate for fairness in the IP community. On a panel that detailed some of the most recent U.S. Supreme Court’s IP decisions, retired U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Paul Michel described the arguably contradictory holdings in Google v. Oracle and Warhol v. Goldsmith as “useless” in terms of substantive guidance from the Court. “These two cases represent a failure on the part of the Supreme Court to provide meaningful guidance to users who need it now,” Michel said. Professor Llew Gibbons of the University of Toledo College of Law explained the holdings in each of the cases and concluded that “I couldn’t find a principled reason other than ‘we want to come out differently’” for the Court’s ruling in Warhol, considering the Google decision.

On September 13, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) announced that it had joined with 30 other signatories to publish a framework of intellectual property principles designed to maintain America’s global lead in innovation. Supported by a coalition of well-recognized individuals and trade organizations long supporting greater certainty in patent rights, the framework of IP principles is intended to serve as a guidebook for policymakers who want to address genuine issues currently facing the nation’s IP system.

Breakthrough discoveries often receive the spotlight and intellectual property (IP) protection. Unfortunately, lesser, yet nonetheless valuable, contributions often go unrecognized and unprotected. Determining when to contact your institution’s Technology Transfer Office in order for them to assess research projects for IP protection is vital. Reaching out to Tech Transfer early and often will help researchers protect their accomplishments and receive the recognition they deserve.

The Hatch-Waxman Act (“the Act”) was designed to strike a delicate balance between pharmaceutical innovation and faster access to affordable drugs. However, one aspect of the Act, the patent listing process, when used improperly, can knock this balance out of whack. Unfortunately, in the present environment, the potential for improper patent listing is high, and current remedies are insufficient.

Regulatory Law in the Life Sciences and Agribusiness sector plays an essential role in balancing scientific innovation and the protection of public interests. In Brazil, a country recognized for its vast biodiversity and potential for scientific research, regulation in this field is crucial to ensuring responsible access to genetic resources and to address emerging issues, such as cannabis regulation. Before commercializing products in the Brazilian market, a company must be able to navigate a vast array of laws and regulations, especially in cases involving pharmaceuticals, seeds, pesticides, food or feed, cosmetics and medical devices. On top of that, when it comes to biotechnology related products involving genetically modified organisms (GMOs), or products derived from access to genetic resources or where traditional knowledge is associated, another layer of rules is applicable.

The regulatory framework for the inter partes review (IPR) process has long been the subject of criticism from both patent owners and petitioners. There is a growing consensus that the existing rules need to be revised to address loopholes and unintended consequences that have developed over the 10 years the America Invents Act (AIA) has been in effect. To that end, both the U.S. Patent and Trademark Office (USPTO) and Congress have proposed changes in the regulatory framework. While the two disparate approaches seek to change the IPR playing field, their purpose and approach are significantly different. This article discusses those similarities and differences.

For corporate intellectual property practitioners, the quest to excel can be daunting and all-consuming. Indeed, IP teams and their clients face a multitude of complex internal and external challenges amidst an ever-evolving business, legal, and technology landscape. Cognizant of the considerable trust and influence bestowed upon them by the C-suite, IP teams naturally desire to perform at the highest possible level. As chief IP counsel at a global company, I constantly put myself and my team under the proverbial microscope. I reflect upon our people, strategy, and operations; assess our individual and collective performance; and seek new ways to maximize the value we deliver to our company and internal clients. In some instances, such new ways entail minor course corrections. In other instances, they encompass the pursuit of novel pathways that upend the status quo.

The Center for Intellectual Property Understanding (CIPU) has released a report that gauges the level of intellectual property (IP) engagement at the largest U.S. university entrepreneurship and innovation (E&I) programs. The nonprofit organization found that E&I programs at U.S. universities are increasingly incorporating IP into students’ business education. The report’s goal was in part to evaluate whether the observed increase in entrepreneurship in the United States is improving engagement with or is a result of intellectual property. CIPU wrote, “understanding the level of IP engagement among students enrolled at these schools provides insight into ways to increase support for the nation’s would be entrepreneurs.”

Confusion and misunderstanding among some independent inventors might slow or stall progress of the excellent eligibility reform bill recently introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC). Titled the Patent Eligibility Restoration Act (PERA), the legislation would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications.