China and US Head in Opposite IP Directions

China increasingly a preferred venue for patent litigation, even for US patent owners

Quoted below are the closing paragraphs of IPWatchdog’s post today co-authored by Steve Brachmann and Gene Quinn.

The entire piece is well worth reading. The warning in its closing sentence (below) is must reading. China is strengthening its patent system while we are weakening ours. Continue reading China and US Head in Opposite IP Directions

Replace and Thus Repeal Bayh-Dole Commercialization

Whatever its outcome, this election marks the start of political turmoil for months to come. In the coming “fog of war”, anti-patent activists will seek fresh support for stale schemes to crush Bayh-Dole’ (B-D’s) commercialization cornerstone. Mega-tech muscle will push new versions of HR 9 litigation on Capitol Hill. Continue reading Replace and Thus Repeal Bayh-Dole Commercialization

State Level Anti-commercialization Bill Aimed at Universities

The Electronic Frontier Foundation (EFF) is a powerful DC trade association home page dedicated to eliminating software patents.  But its legislative proposals often sabotage investment in all patents, undermining technology’s development at every level, especially at commercialization’s TTO beginnings. EFF’s Capitol Hill objectives still include passing HR 9 and S 1137 by fanning the phony flames of a the extinguished patent troll litigation crisis (here), signaling continued strong support for HR 9 and S. 1137 and their follow-on counterparts in coming sessions. Continue reading State Level Anti-commercialization Bill Aimed at Universities

The Patent War Will Soon Resume, But Our Voices Are Also Being Heard

Below are excerpts from a letter we received from renowned DC patent attorney Rob Sterne, who with other IP experts attended a meeting with senior Clinton policy-makers to discuss IP issues. Excerpts from his letter indicate that if elected, Clinton IP policy advisors’ folks have been made aware of the controversy surrounding perennial anti-patent efforts to further shield efficient infringement from the congressional and judicial fates it deserves. This time our side of the argument is being heard before being preempted by the IT mega-techs. In the closing paragraph below, Rob astutely warns that after the election, anti-patent rhetoric will escalate, why political pressure is inevitable and why we must continue weighing-in directly. Continue reading The Patent War Will Soon Resume, But Our Voices Are Also Being Heard

Urge 21st Century Cures Act Passage This Year

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

Canada’s Promise Doctrine Survey and U.S. IPR

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 In A Nutshell

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