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Celebrating 15 Years of IPWatchdog.com

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.


Hot on Social Media

Over the past several months we have had a number of articles that have gotten quite a bit of attention on various social media outlets. If you haven’t read these articles yet take a look, they seem to be driving an interesting debate.

  1. Extortionist Demand Letters are Wrecking Public Confidence in the U.S. Patent System
  2. Patent Trolls are NOT the Biggest Barrier to Innovation
  3. 25 Years Since Galileo: A Recent Look at NASA Technologies
  4. Silicon Valley's Anti-Patent Propaganda: Success at What Cost?
  5. Patents are Important: Bursting the Twitter Patent Mythology
  6. Why Brands Need to Pay Attention to Unregulated Domains
  7. Post Patent Issuance Challenges and the Quest for Patent Quality
  8. If Patent Reform is Meant to Starve Patent Trolls, Why is it Feeding Them Instead?
  9. Eli Lilly Patents Treatments for HIV and Ebola Virus
  10. The Ramifications of Alice: A Conversation with Mark Lemley
 


Most Recent Articles on IPWatchdog.com


The Ebola Outbreak and Current State of Vaccine Development

Posted: Monday, Oct 20, 2014 @ 8:00 am | Written by Gene Quinn & Steve Brachmann | No Comments »

The U.S. Food and Drug Administration argues that, “American consumers benefit from having access to the safest and most advanced pharmaceutical system in the world.” The system set in place to approve pharmaceutical drugs, medications and vaccines provides for immense scrutiny of the effects of the medication on a subject well before that drug ever comes up for sale. Although the FDA and its Center for Drug Evaluation and Research do not conduct pharmaceutical testing themselves, they require testing and review data from these studies that are attached to new drug applications, or NDAs.

The system is good at developing effective pharmaceuticals, from vaccines to antibiotics. It is not good at producing those products either cheaply or quickly. One of the world’s biggest current issues is how to develop a solution to the growing threat posed by the recent Ebola epidemic in West Africa. Efforts to develop an Ebola vaccine, along with other effective treatments, have been gaining steam at research laboratories in America and across the globe.

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?





The High Cost of Making Pharmaceuticals

Posted: Sunday, Oct 19, 2014 @ 2:17 pm | Written by Gene Quinn & Steve Brachmann | 6 comments

The process of developing a drug is incredibly expensive and costs have skyrocketed over the past few decades. According to the Pharmaceutical Research and Manufacturers of America (PhRMA), the cost for developing a single new drug, including money spent on researching unsuccessful drugs which don’t pass FDA screening, was $1.2 billion in the early 2000s, up from about $140 million during the 1970s. Estimates released in August 2013 by Forbes indicate that the price of developing a single drug is about $5 billion per medicine accepted by the FDA.

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.





Announcements: Scholarships, Events & More

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.





The Importance of Keeping an Expansive View of the Invention

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.





10 Business-Oriented Rules for Achieving IP Lawyering Excellence

Posted: Friday, Oct 17, 2014 @ 10:00 am | Written by Raymond Millien | 2 comments

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!





25 Years Since Galileo: A Recent Look at NASA Technologies

Posted: Friday, Oct 17, 2014 @ 8:00 am | Written by Steve Brachmann | 1 Comment »

Artists rendering of a Galileo fly by.

October 18 marks the 25th anniversary of the 1989 launching of the Galileo spacecraft by the National Aeronautics and Space Administration, a mission which focused on the study of the planet Jupiter and its moons. Galileo provided NASA researchers with data leading to the discovery of the ocean on Europa, one of Jupiter’s moons, and provided the first ever recorded images of a comet striking a planet before the mission was terminated on September 21, 2003. Data collected by the Galileo spacecraft is still leading to a better understanding of our solar system, as researchers recently announced evidence of shifting plate tectonics on Europa, the first time this has been witnessed anywhere other than earth.

For decades, the operations of NASA have been incredibly innovative and inspirational to inventors of all kinds. The agency is still involved in various programs for scientific research, especially involving Mars. NASA recently announced a partnership with the Indian Space Research Organisation (ISRO) to work collaboratively on future missions to explore Mars. NASA is also moving towards a scheduled December launch date for an unmanned mission involving the Orion capsule to test its crew safety systems; Orion could be launched with astronauts aboard by 2021.





Former Google Executive Nominated as PTO Director

Posted: Thursday, Oct 16, 2014 @ 6:36 pm | Written by Gene Quinn | 13 comments

Michelle Lee

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! Focuses on Social Platform for Achieving Personal Goals

Posted: Thursday, Oct 16, 2014 @ 10:00 am | Written by Steve Brachmann | No Comments »

Headquartered in Sunnyvale, CA, Yahoo! Inc. (NASDAQ: YHOO) is a multinational corporation which has achieved global renown for its suite of Internet software technologies, including e-mail, finance, search engine and other web portal services. The corporation recently announced that the renowned Yahoo! Directory, the hierarchical list of links that was the first Internet product offered by Yahoo!, will be discontinued by the end of the year. Although it is parting with some longtime services, the company has been involved in an incredible amount of acquisitions, having recently its purchase of Luminate, a tech startup which has created an interactive platform for tagging images. Meanwhile, Yahoo! is trying to deal with pressure from certain shareholders to consider a merger with America Online.

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.





Effectively Sourcing and Diligencing an IP Investment

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.

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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.





Google Patents: Trending News, App Suggestions and Online Ads

Posted: Wednesday, Oct 15, 2014 @ 8:00 am | Written by Steve Brachmann | No Comments »

The American multinational corporation Google (NASDAQ: GOOG), headquartered in Mountain View, CA, is a market leader in the development of computing services and products for Internet users. In the upcoming weeks, Google will be releasing a streaming music service to compete with similar services available from Apple, Spotify and others. Students will be able to benefit from improvements to the Google Apps for Education program, which will soon offer unlimited storage for free. Google is responsible for some very innovative Internet programs, and there is some speculation that the company is developing a drone program for providing wireless Internet access to mobile device owners.

But for us it is time for another check-in with Google’s recent innovations here on IPWatchdog’s Companies We Follow series, and software inventions from this major technology developer are abounding. We found a couple of patent applications involving technologies which present topics of interest to computing device users, including methods for activity planning to see a concert or an event. Another patent application describes a method of providing insight from local experts about an unknown destination. We were also intrigued by a method of presenting digital advertisements to individuals which is designed to encourage retail sales at brick and mortar stores.