Capitol Hill Heuristics

Every day, Hill Members and staff are assailed by lobbyists they know and like whose interests and arguments are opposed. To get to the truth many use Hill heuristics or “rules of thumb” to help them decide which side’s argument to believe. For example, they prefer arguments based on actual narratives to manipulatable numbers. Constituent experiences with an issue in conflict are easy to understand and recall and of course are politically relevant. Recent Hill appearances by inventors already harmed by AIA also have been persuasive. Sometimes it helps to “follow the money”. Which side has the most to gain or lose can provide independent understanding regarding what is really going on. Mr. Issa’s public characterization of university opposition to HR 9 (see earlier post) not only confirms the persuasive power of past direct constituent congressional contact, it can provide valuable insight into the true motivation driving his attachment to the issue. Continue reading Capitol Hill Heuristics

End of Year IPWatchdog Commentary

At every year’s end IP Watchdog’s Gene Quinn asks “IP Insiders” to comment on important patent developments during the prior 12 months. This year’s patent section is linked below. Its collective commentaries summarize important 2016 developments affecting the future viability of research university commercialization. Significantly, every setback to the protracted sequence of commercialization is felt most acutely at its earliest stage of TT where uncertainty, financial risk and market unknowns are greatest.  Our response to Gene’s invitation is attached below.  Continue reading End of Year IPWatchdog Commentary

President Elect Trump and Tech Meet This Coming Weekend

Sometimes pictures say a thousand words. This iconic photo from 2011 marked  the marriage of President Obama and Silicon Valley IT tech.

Obama dinner with tech titans
President Obama’s Silicon Valley Tech Titans Dinner, 2/18/2011

No doubt its agenda included the Obama Administration Patent Reform Initiative and its HR 9 and S.1137 measures the President said he was eager to sign.  Continue reading President Elect Trump and Tech Meet This Coming Weekend

Technet Hint of Possible Strategy Shift

We keep hearing about a pending post-election strategy meeting of Silicon Valley mega-tech leaders who clearly landed on the zero side of a very binary Presidential election. With the exception of Peter Thiel, a strong Trump supporter and member of the President Elect Trump (PET) Transition team, the Valley big-wigs were firmly planted in the Clinton camp. They may be looking forward to the antithesis their cozy relationship with President Obama, including punitive sanctions for their production processes.  So far there are no reports that the strategy meeting has taken place or of any strategies emerging. But there are signs that big IT tech may now have more pressing concerns than passing patent reform.  Continue reading Technet Hint of Possible Strategy Shift

Efficient Infringement’s Consequences Are Mostly Unavailable

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