On October 10, 1999, IPWatchdog.com first went live on the Internet. It has been an honor and privilege to get to know so many wonderful people in our industry over the last 15 years, to talk to many industry leaders on the record, and to in some small way continue to push the debate forward. Thanks to our readers and contributors we have been recognized as as one of the top 100 legal blogs by the American Bar Association for 5 years in a row. For 3 of the last 4 years (2010, 2012, 2013) we were recognized as the top intellectual property law blog according to the ABA. In January 2014 we were also honored to be inducted into the ABA Blawg Hall of Fame. CLICK HERE to read more.
We return to the patent databases of the U.S. Patent and Trademark Office to scope out recent innovation from Fujitsu in today’s article. In viewing Fujitsu’s recently filed patent applications, we saw a multitude of inventions in the field of information processing, whether for the analysis of computing processes or virtualization of computing resources on physical servers. A couple of biometrics innovations are discussed, including a system of electrodes meant to detect and prevent a vehicle driver from becoming drowsy. Methods for enhanced online classroom discussions are also explored.
In the past, researchers have developed an Ebola vaccine for monkeys and macaques, which are also affected by strains of the Ebola virus. The vaccine is so effective that many monkeys can be brought back to health even when injected with 100 times the lethal dose of Ebola after vaccination. However, with HIV, tuberculosis and many other diseases claiming more lives every year, research focus on Ebola has been low in recent years. So how long does it take a typical vaccine to go from concept to reality?
A large reason for these high costs is the incredibly high rate of failure during drug development. About 95 percent of all pharmaceuticals researched for use in humans fail to achieve the effectiveness and safety standards required for FDA approval, according to Forbes estimates. During 2013, the companies represented by PhRMA spent a total of $48.5 billion on research and development activities related to pharmaceutical drugs.
Another reason for the high costs associated with taking a drug to market is the fact that there is a complicated regulatory process. According to the Burrill Report , the rising costs associated with drug development can be explained, at least in part, due to regulatory barriers in place that slow approval and place many hurdles between the drug and the marketplace. “In the 2000s, that time grew to 13.5 years from just 6 years in the 1970s,” the Burrill Report explained.
Posted: Sunday, Oct 19, 2014 @ 8:00 am | Written by Gene Quinn | No Comments »
From time to time I am asked to help spread the word about various things. At the present we don’t have an efficient mechanism to do this, but we are currently redesigning the website and will have more flexibility soon.
In any event, here are a few announcements and events worth knowing about.
Happy Hour with Gene Quinn Tuesday, October 21, 2014, 5pm to 7pm, Morristown, NJ
I will be attending meetings in Morristown, NJ, on Tuesday, October 21, 2014. One of my sponsors, Innography, will be sponsoring the free happy hour event. If you are interested in attending please RSVP here.
Innography, offers a proprietary suite of products combines unique correlation and visualization technologies to seamlessly integrate patent data with financial, litigation, market, and other key business information. The programs are always excellent, and the event will likely attract close to 2,500 attorneys from all over the world, as well as many service providers.
Posted: Saturday, Oct 18, 2014 @ 2:25 pm | Written by Gene Quinn | 3 comments
Although many inventors believe otherwise, drafting a patent application is not an easy endeavor. Indeed, the United States Supreme Court has described a patent application as one of the most difficult legal instruments to create. There are a great many pitfalls and perils that face anyone who drafts a patent application, particularly inventors who are not intimately familiar with the patent laws and regulations that will apply.
Attorneys are frequently very good at telling would-be entrepreneurs exactly what they should do, but if you have never been an entrepreneur it can be easy to lose sight of the universal truth that no matter how well funded you may be there is never enough money to afford to do everything that needs to be done. Indeed, even if you carefully plan a budget as an entrepreneur you really have to multiple whatever you think you need by a factor of at least 2 or 3 because things will cost more than you assume even if your projections are conservative. For example, it will come as a shock for many entrepreneurs that the cost of electricity for a business is far greater than the cost of the same electricity for a residential customer.
Posted: Friday, Oct 17, 2014 @ 10:00 am | Written by Raymond Millien | 1 Comment »
Over the course of my legal career, I have had the opportunity to work at a small law firm, a mid-size intellectual property (IP) boutique, a large international law firm, and in-house at a startup company and two Fortune® 100 companies. During that journey, I have had a fair number of clients, staff members and managers, and have been fortunate to glean various nuggets of wisdom from my interactions with all of them. I now share those learnings – distilled into ten business-oriented rules – that in my humble opinion amount to excelling as an IP legal practitioner. While some of the following rules may sound a bit cliché, my explanations below are an attempt to craft them as powerful reminders that an IP lawyer is nothing without the clients/managers who are willing to pay their fee/salary. Thus, no matter whether your law firm billing rate is $200 or $1,200 per hour, or your in-house salary is $50,000 or $350,000 per year, these ten rules apply!
For the naysayers reading this, I will admit at the onset that there are differences in lawyering to a start-up versus an SME or even a large, multinational corporation. I further admit there are also differences in lawyering to entities that operate in different industries (e.g., automotive versus financial services). But these differences mainly involve specific legal knowledge and strategy, not in the general approach to lawyering itself. Now, onto the rules!
Posted: Thursday, Oct 16, 2014 @ 6:36 pm | Written by Gene Quinn | 9 comments
Earlier today President Barack Obama nominated Michelle Lee to be the next Under Secretary for Intellectual Property and Director of the U.S. Patent and Trademark Office. Lee has been serving as Deputy Director of the USPTO since January 2014. Previously, she served at USPTO as the Director of the Silicon Valley Office from 2012 to 2013, a USPTO satellite office that still has not opened and will not open until early 2015.
Immediately prior to becoming Director of the un-opened Silicon Valley Patent Office, from 2003 to 2012, Lee was the Deputy General Counsel and Head of Patents and Patent Strategy at Google Inc. Google has been a outspoken critic of the U.S. patent system and based on their public positions and lobbying it is clear that the company would like to see software patents abolished and the patent system significantly curtailed. Recently other large Silicon Valley companies have split with Google and have started to work to promote the importance of patents as a tool for American innovation.
Yahoo! may not be responsible for the large amounts of intellectual property development seen with other companies featured in IPWatchdog’s Companies We Follow series, but we do always find many intriguing innovations when we look at the corporation’s recently filed patent applications. We were greatly interested in a trio of patent applications which are evidence of Yahoo!’s desire to build a social platform for achieving personal goals, including one application discussing the use of social and economic motivators to achieve goals. Other innovations included online advertisement improvements, including a method for presenting virtual billboards through a digital lens device, and methods for discovering relevant online content.
The patent portfolio of Yahoo! has increased in recent weeks, and we’ve selected a few of these inventions that our readers may enjoy learning more about. One patent protects methods of interacting with search engine results through keyboard inputs, improving on current methods which typically only involve mouse-based inputs. We found more patents regarding online advertising, proving that Yahoo! has a definite focus on helping advertisers sell products and services to users of the company’s Internet technologies. We also discuss a type of social network designed by Yahoo! for use specifically with mobile devices.
Posted: Thursday, Oct 16, 2014 @ 8:00 am | Written by Charles R. Macedo | No Comments »
EDITORIAL NOTE: Charles Macedo will be a panelist at the upcoming 2014 IP Dealmakers Forum, which will take place in New York City from November 6 – 7, 2014. The program will bring together thought leaders who specialize in all aspects of IP procurement, asset valuation and monetization of patents. If you are interested in attending you can CLICK HERE to REGISTER.
Over the past year, patents and other intellectual property have received more and more attention. The Supreme Court last term issued six patent decisions, plus two copyright decisions and a Lanham Act decision. This increased interest is part and parcel with the importance that intellectual property plays in our nation’s economy. However, with all these new decisions, suggested and implemented legislative changes, and shifting public opinion, it is getting harder and harder to effectively source intellectual property acquisitions and investments, especially patents, as well as to conduct appropriate and effective due diligence in the process.
In this article, I summarize some of the key points I suggest a potential acquirer consider when researching the investment in or acquisition of patents for monetization.