Having accomplished little leading to November’s election it seems something good actually may clear Congress during the coming lame duck session. A research boosting bill with leadership approval, bi-partisan, bi-cameral floor support, and backed by research universities is gaining pre-election traction for passage in the post-election lame duck session. Described (below) in a Morning Consult piece containing informative links to life science community letters urging lame duck passage, the 21st Century Cures Act bolsters life science with sequestration-starved FDA and NIH funding. Continue reading Urge 21st Century Cures Act Passage This Year
It is common knowledge in patent policy circles that China is strengthening its IP standards while we weaken ours. Weakened standards corrode certainty within an innovation ecosystem, discouraging commercialization’s private sector development investment, especially during discoveries’ high-risk early stage tech transfer. Absent such investment, promising inventions cannot become innovative reality. Continue reading Canada’s Promise Doctrine Survey and U.S. IPR
Efficient infringement abuse of valid patents clearly warrants front page coverage once exclusively afforded to PR-created patent trolls. Today’s WSJ shows that infringer lobby PR flaks will not gently shift their distracting emphasis on patent trolls. WSJ’s Ruth Simon, whose decade-long congressional coverage of patent reform is thorough, but consistently reflects the anti-patent lobby’s spin, reveals that her carefully-cultivated anti patent source relationships are still alive and well. Continue reading Troll Meme Responds To Efficient Infringement
But now, after quickly dispatching with the patent troll meme as much ado about nothing, we can, should and must now unleash a more simplified counter attack by referencing a commonly deployed patent abuse known as “efficient infringement.” This deliberate disdain for patent property is the business model driving mega-tech IT incumbents to continually pressure Congress to enact measure such as HR 9 and S.1137. Continue reading Make Room On The Hill For Efficient Infringement
Recent emotionally-driven but Bayh-Dole destructive proposals for biopharma price control such as “price-based march-in” and the “UN High Level Panel on Medicinal Access “ Report are ably refuted by Joe Allen who refers us to a recent Intelligence 2 TV Debate during which it was that demonstrated that rational discussion, rather than simply blaming biopharma for increased overall health care cost is likely to lead to more effective cost-containment outcomes. Emotionally targeted intrusions into our Bayh-Dole based life science commercialization process are not only misdirected but can completely undermine our innovation ecosystem, disrupting NIH’s important basic science commercialization mission in the process. As Joe recommends, Blame Big Pharma for Out of Control Health Care Costs is a debate “well worth watching” Continue reading A Discussion Well Worth Watching
November 8th approaches. A reader asked us what to say if allowed only minutes to efficiently describe her university’s concerns regarding pending (and assuredly future) patent litigation “reform”.
The key is to avoid discussing arcane patent law and trolls, a term used effectively in the past by proponents, but recently deemed “unhelpful” by the FTC. Trolls now are curbed by pleading reforms, state and federal laws regarding unfair practices, and expanded judicial discretion regarding willfulness and cost-shifting. Continue reading Efficient Infringement In A Nutshell
Kindness of Adam Mossoff, here is a useful IPWatchdog essay by CPIP Senior Scholar, Professor Kristan Osenga.
Professor Osenga explains why the FTC’s recently released Patent Assertion Entity (PAE) “study” will do more harm than good because of; its small sample size and selection bias, its arbitrary categorization of patent licensing companies, and its unsupported and unjustified policy recommendations. The entity definitions within the report are nevertheless important because they define its subject matter and thus the scope of its recommendations. The FTC dismisses the term, “trolls”, distinguishes NPE’s from PAE’s the divides the latter into two types sub-classifications. Continue reading The FTC’s PAE Study: Doing More Harm Than Good
The Quinn-Keller dialogue below is must reading. Today’s patent problem isn’t patent trolls. It is the diminishing availability of infringement damages after efficient infringement. In the case of IT hardware companies like Apple, in a post IPR environment efficient infringement is virtually inevitable. In a post HR 9 business environment it will become virtually mandated. Continue reading Efficient Infringement’s Consequences Are Mostly Unavailable
A New York Times (NYT) article last week projected the economic growth policies likely to be supported by President Clinton if elected. It references a recent speech by Jason Furman who currently chairs President Obama’s Council of Economic Advisors. We expect him to influence Clinton administration execution of her commitment to close the “inequality gap”. Continue reading Will Zombie Patent Trolls Haunt the Hill in 2017?