The Judge Gorsuch concurrent Gutierrez opinion calls for fresh analysis of the venerable Chevron Doctrine, according to which agency interpretations of ambiguous statutory language are routinely deferred to by the courts. According to Judge Gorsuch, this gives the Executive branch what amounts to unconstitutional Article I law-making authority clearly conferred on Congress by Article II. Continue reading More on Judge Gorsuch
This concise but thorough Gene Quinn menu of things to come in patent reform 2017 is must reading. Readers concerned about commercializing life science must also keep a eye on rumblings about prescription drug price controls. Any such activity will add more uncertainty to private sector life science investment.
Patent Reform 2017: Changes coming from the Judiciary, Legislative and Executive Branches By Gene Quinn on Feb 12, 2017 12:30 pm
While calls for widespread patent reform are not as loud as they have been in previous years, 2017 is shaping up to be a year where we may still see significant change to U.S. patent laws. What will the changes to U.S. patent laws look like over the next year? The better question may be to first ask whether those anticipated changes will be coming from the judiciary, legislative or executive branch, all of which will take center stage at some point in 2017.
“A very important decision has just been issued by PTAB impairing the capacity of private parties to challenge the validity of patents owned by state research universities and their TTO affiliates.”
In Covidian LLP v University of Florida Research Foundation Inc. http://www.reexamlink.com/wp-content/uploads/2017/01/Board-Dismisses-IPRs-on-Sovereign-Immunity.pdf, PTAB thoroughly examined the applicability of the Eleventh Amendment’s state sovereign immunity doctrine to IPR patent challenge proceedings. PTAB concluded that as an “arm” of the state, UF’s TTO affiliate was immune to IPR challenge absent Florida’s consent by waiver of its sovereign immunity. The decision has been appealed to the Federal Circuit but for now it clearly enhances TTO patent licensing values. Continue reading PTAB Elevates State University Research Values
Gene Quinn pulls no punches in his feisty analysis (below) of Mayo. Mayo is the judicial equivalent of the market’s efficient infringement where maximizing financial return results from ignoring patents. Mayo enables their efficient judicial nullification. Mayo’s signal to patent validity tribunals has infected USPTO examiners, PTAB, the lower courts and SCOTUS itself. Like its market kin, its toxic impact has extended far beyond the judicial arena. Teamed with eBay’s blow to bedrock exclusivity our entire innovation ecosystem has been poisoned by it. Mayo provides efficiency to legal tribunals by enabling the early dismissal of IP originators’ exclusivity itself without their having to contend with prolonged disputes involving the complexities of patent law and technological progress. Continue reading Mayo, the Judicial Equivalent of the Market’s Efficient Infringement
Joined by Joe Allen, Brien O’Shaughnessy, AUTM’s Steve Susalka spoke at Eagle Forum’s recent Capitol Hill Bayh-Dole presentation. For B-D enthusiasts it was truly a “gathering of eagles”. Steve’s clear explanation (above) was interesting, understandable, and persuasive. And it was timely. B-D’s miraculous record of economic, defense and medical progress is undeniably astounding. Its multiple enactment in other developed nations confirms its worthiness. The factual data in Steve’s presentation explain why since its enactment BD’s economic trend-lines on any graphic timeline have gone uphill; from the lower left to the upper right. But unless we all timely address other disturbing trends by explaining B-D to young staff and new members, these positive trendiness will reverse direction and start heading down. Continue reading AUTM’S New Congressional Efforts Are Off to a Great Start