Posts in IPWatchdog Articles

Good Sports: Cleveland MLB and Roller Derby Teams Share GUARDIANS Name

The MLB baseball team formerly known as the Cleveland Indians has a new name that pays homage to the history of Cleveland. The team last rebranded in 1915, when it left behind its former name, the “Naps” (short for “Napoleons”) in favor of the “Indians.” Now, over a century later, the team has joined other sports franchises in retiring Native American names, mascots, and imagery imbued with negative and racist connotations. With the help of actor and Cleveland Indians fan Tom Hanks, the baseball team announced on July 23, 2021 that it would adopt a new name: the Cleveland Guardians.

Examining the Moderna-NIH COVID-19 Vaccine Debate in the Context of Bayh-Dole

In the wake of the development of COVID-19 vaccines, the Biden-Harris Administration has suggested major shifts in U.S. policy concerning patent protection. In May of this year, Ambassador Katherine Tai, the U.S. Trade Representative (USTR) announced the Administration’s support for waiving intellectual property protections for COVID-19 vaccines. Most recently, the National Institutes of Health (NIH) Director Dr. Francis Collins accused Moderna of excluding three NIH scientists as co-inventors of a key patent for the COVID-19 vaccine. This article explores an alternative possibility of the Administration exercising certain rights in the COVID-19 vaccine invention under the 1980 Bayh-Dole Act—one day after the bill’s co-sponsor, Senator Bob Dole, passed away—and whether such an exercise of rights is in line with past precedent or would be a violent disruption to the status quo.  

This Week in Washington IP: Improving Biomedical Research, Amending Section 230 to Hold Big Tech Accountable, and Promoting Privacy in the Tech Sector

This week in Washington IP news, the House of Representatives will host committee hearings discussing several draft pieces of legislation that would update the 21st Century Cures Act as well as reduce immunity to liability for major tech firms currently enjoyed under Section 230 of the Communications Decency Act. Over in the Senate, the Fiscal Responsibility Subcommittee will discuss how changes to privacy policies in Big Tech firms have impacted targeted advertising activities for a wide swath of the economy. Elsewhere, the Center for Strategic & International Studies hosts a debate on the topic of China’s tech crackdown and its potential impacts on innovation, and the Information Technology & Innovation Foundation will explore whether increased support for advanced renewables research can help the global community meet certain clean energy goals by the middle of this century.

Senator Bob Dole: A Staunch Defender of His Country, and Our Patent System

If you’re going into a desperate fight, there are some people that you want on your side. One was Robert Dole, who passed away yesterday, December 5, at 98 years old….. It was characteristic of his generation—and of Bob Dole—to honor his fallen colleagues, even when he was bound in a wheelchair. Few who saw it will ever forget Senator Dole insisting on getting up and walking to the coffin of his friend, Senator Daniel Inouye, who lost an arm fighting in Italy, close to where Dole was wounded. Even though his health was deteriorating last year when we honored Bayh-Dole’s 40th anniversary, Senator Dole made a very gracious video tribute to his former colleague, Senator Birch Bayh. That Birch Bayh and Daniel Inouye were Democrats made no difference to Bob Dole.

Inventing Chaos with the Moderna/NIH Dispute

Moderna and the National Institutes of Health (NIH) are poised for a legal battle over inventorship of a vaccine for COVID-19. While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. Moderna and NIH collaborated on developing a functional vaccine for COVID-19, which is not in dispute. As a result of the collaboration, a vaccine labeled “mRNA-1273” was created and a U.S. patent application was filed by Moderna, with no NIH scientists listed as inventors. Moderna has commented that, after an internal review, no NIH scientists designed the actual vaccine claimed in the U.S. patent application. NIH has commented that it believes three scientists should be included in the U.S. patent application as co-inventors with the Moderna scientists.

The PTAB Desperately Needs Reform, Not Preservation

The Patent Trial and Appeal Board (PTAB), created by the America Invents Act (AIA) just over 10 years ago, is the most electrifying lightning rod in the industry. As explained repeatedly by Members of Congress at the time the AIA was enacted, the purpose was to create a streamlined, less expensive, alternative administrative means to challenge the invalidity of issued patents. Sadly, with that being the stated purpose, the creation of the PTAB can be objectively characterized as nothing other than an abysmal failure. What has evolved is anything but streamlined, and certainly not inexpensive, even compared with district court litigation.