Posts Tagged: "Trump Administration"

This morning fresh, credible rumors are surfacing that suggest later today an announcement will be made that Michelle Lee has been asked to stay on as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. News that President Trump would want Director Lee to continue to run the Patent Office is catching much of the patent community flat footed. Much speculation in recent weeks surrounded Phil Johnson and Randall Rader, but the dream of a Johnson or Rader Administration at the USPTO seems all but gone now.

I learned from a credible source that Lee was either refusing to resign or perhaps attempting to revoke her letter of resignation. Shortly thereafter I was told that senior Obama officials were upset with what was happening at the Patent Office and that Lee had “gone rogue.” I reached out to the Patent Office for comment, suggesting I was happy to accept even a denial of this rather bizarre and difficult to believe story. The Patent Office has not made anyone available to confirm, deny, rebut or refute this version of events.

Among the names under consideration is Randall Rader, the former Chief Judge of the United States Court of Appeals. But according to patent expert and noted commentator Hal Wegner, who generally does have well placed sources for this kind of information, the short list currently includes Phil Johnson (Johnson & Johson), Michael McKeon (Fish & Richardson), and Steve Pinkos (American Continental Group)… Another scenario being floated is that current USPTO Director Michelle Lee will be asked to stay on, a rumor flamed by remarks by Congressman Darrell Issa (R-CA) made at a CES panel last weekend… There has also been some speculation that Kevin Rhodes, who is Chief IP counsel at 3M, is or was under consideration at one point.

I believe it’s not a good thing to be an inventor in the US and I hope that Trump’s “America first” will apply to inventors. Let me explain why. My name is Jean-Paul Castille, I have a degree in Engineering from “Ecole Nationale Supérieure des Arts et Métiers” (ENSAM), a major engineering school of France and I am an independent inventor. I am the president of Antor Media Corporation, a US patent licensing firm. My career has been dedicated to invention, the development and commissioning of prototype systems in different areas of the industry.

The result of attacks on the patent system has been a concerted critique of key elements for protecting patent rights. These have included enabling the PTO to attack patent validity in a second window, attacking classes of inventions such as software and medical diagnostics, limiting access to the courts, increasing costs of enforcement by several magnitudes and restricting patent remedies. The totality of these attacks on the patent system, enabled in large part by the expenditure of vast sums to influence policy by technology incumbents in order to protect their historic monopoly profits, has been to fundamentally alter a democratized patent system to one that requires substantial capitalization. The net effect has been decline of investment in innovation particularly by small entities that require patents as a key tool for competition.

If someone were there to speak for America that person would recognize the obvious. There is no historical evidence of any economy having a thriving innovation ecosystem without a solid, strong patent system. Similarly, one of the greatest threats faced by any business, particularly a start-up or small business, is the threat of frivolous litigation. But where is the honest broker to acknowledge truth? If there is one I don’t see it, and as one who has spent a career helping innovators of all stripes I find that rather odious. Someone, somewhere (and not, please oh please, not an academic) needs to come forward and speak to what the system needs to accomplish for the benefit of the population beyond those in the swamp.

With the Cures Act now signed into law, the incoming Trump administration has an opportunity to advance the broad-spectrum medical countermeasure goal set forth by the U.S. Department of Health and Human Services (HHS) 2015 Public Health Emergency Medical Countermeasure Enterprise, otherwise known as PHEMCE. If achieved, the PHEMCE broad-spectrum goal would spur the advancement of innovative therapeutics to defend against the many pathogens that are not addressed with traditional disease-specific drugs or vaccines approved by the FDA.

Almost 100% of the pre-election patent reform lobbying efforts were focused on the campaign, which did not prevail and thus on the morning of November 9 the patent community woke up to being well behind in getting a rapport established with the incoming administration. Don’t be fooled by the seductive image of a drained swamp, those of us in the pro-patent community will need to be pro-active in our engagement with Washington if we want patent reforms that meet our expectations.

We know that not only are copyrights grounded in the constitution, but core copyright industries contribute approximately $1.2 trillion to the U.S. economy annually, and employ over 5.5 million American workers. At the same time, however, we are acutely aware that, unfortunately, copyright theft online is rampant, and the Digital Millennium Copyright Act (DMCA) has increasingly become ill equipped to address even flagrant, willful copyright infringement in the digital world. What we don’t know, however, is how President-Elect Trump and the Trump Administration will view copyright issues, and whether pro-creator copyright reforms will be on the President’s agenda come January 20, 2017. We can, however, make some educated guesses based on Trump’s entertainment industry ties, his potential Supreme Court nominees, and those he is surrounding himself with on his Transition Team and in a Trump Administration that is increasingly taking shape.

President-Elect Donald Trump has announced that he will withdraw the United States from the Trans-Pacific Partnership (TPP) agreement on his first day in office. So ends more than five years of often heated negotiations led by President Barack Obama’s administration as part of an overall strategy to strengthen the US position in the Pacific Rim region… Pulling out of the TPP is a missed opportunity for the US to pursue its IPR agenda in the Pacific Rim economies.

Text messages sent between Andreesen and Erskine Bowles speak to Zuckerberg’s desire to be able to maintain control of Facebook while possibly serving two years in government… The fact that Zuckerberg is open to serving in government might actually carry some sway with the Trump transition team, which includes a Facebook connection through Peter Thiel… Given Zuckerberg’s stances on Internet issues, one possible position for Zuckerberg could be at the U.S. Federal Communications Commission (FCC).

Peter Thiel, Reince Priebus and Jared Kushner are hosting technology industry giants for a policy discussion at Trump Tower on December 14, 2016. Patent reform is likely to be on the agenda as it is one of the issues tech giants (along with big banks and retailers old and new) have invested in heavily for over a decade… Is it possible that the positions of these three key Trump advisors will coalesce around a nuanced patent policy in a Trump Administration along the lines of the recent FTC PAE report, which sought to distinguish innovators and their need to enforce patent rights from bad actions of those who employ abusive litigation tactics?

Automation technology in the restaurant industry, such as interactive kiosks that replace waiters by taking customer orders, is both a cost-cutting move and an investment in improved customer service, Puzder argues, citing the speed, accuracy and convenience of such technologies… Overall, Puzder doesn’t seem to want to replace his workers with machines so much as he would like to see an end to government regulations that increase labor costs. This echoes an anti-regulatory regime that looks to be shaping up with choices like climate change-critic Oklahoma Attorney General Scott Pruitt to head up the U.S. Environmental Protection Agency (EPA) and Obamacare-critic Rep. Tom Price (R-GA) to serve as the U.S. Secretary for Health and Human Services.

Bayh-Dole is running on autopilot without Executive branch oversight and U.S. patents are no longer the world’s gold standard. Without a course correction, we could be headed back to the bad old days… Bayh-Dole has become a driver of the U.S. economy. Every day of the year universities form two new companies and two new products from their inventions are commercialized. University spin out companies tend to stay in state becoming significant contributors to the regional economy… Bayh-Dole is a recognized best practice. The Chinese have adopted it while strengthening their patent system to better compete with us.

Wilbur Ross, Trump’s nominee to run Commerce, has a zero tolerance for IP theft, which indicates a possible change in direction for US patent policy… Ross has a long view on the American economy and has had some exposure to patents. Many of the manufacturing, textile and telecommunications companies he has refinanced owned patents. Ross as the “bankruptcy king” or “vulture capitalist” dealt with patents as one of the many assets to use to help turn around a distressed company. Using patents as collateral for a loan should not be controversial or exotic.