IPWatchdog.com founder Gene Quinn has recently spoken at several events. On Tuesday, November 11, 2014, he gave the ethics lecture at the PLI Patent Litigation 2014 program in New York City. On Monday, November 17, 2014, he gave a presentation titled Dark Days Ahead: The Patent Pendulum at the Orange County Bar Association in Newport Beach, California. These powerpoint presentations are available below. If you would like Gene to speak to your group or at your event let us know by using this contact form.
Posted: Monday, Nov 3, 2014 @ 10:00 am | Written by Joseph Allen | No Comments »
Every once and a while you get a reminder that lives are literally at stake in some R&D partnerships. Last Wednesday was one of those days. I was privileged to moderate a panel for the Congressional Technology Transfer Caucus on innovative partnerships fostered by the National Center for Advancing Translational Sciences (NCATS) the newest center/institute at the National Institutes of Health. It was anything but a run of the mill tech transfer session.
We often hear that $2 billion to $5 billion are required to commercialize a new drug, with 14 years or more required for development and a 95% chance of failure. Less well known is that for thousands of serious diseases plaguing humanity only about 500 have FDA approved treatments available. Stark as that seems it’s downright cheery compared to rare or neglected diseases. Of more than 6,500 such ailments only 250 have treatments. While these may be “rare” diseases for many of us, to millions of our friends, families and neighbors each morning brings another day of suffering desperately hoping that someone, somewhere is working on a cure.
Posted: Monday, Nov 3, 2014 @ 8:00 am | Written by Gene Quinn | 1 Comment »
On October 20, 2014, the Federal Circuit issued a decision in AntiCancer, Inc. v. Pfizer, Inc. The litigation related to patents owned by AntiCancer, Inc. on a technology related to the imaging of gene expression using a green fluorescent protein linked to a gene promoter. The fluorescent protein is derived from a species of green-glowing jellyfish named Aequorea victoria. The patented inventions are described as useful for drug discovery and evaluation in cancer control and treatment.
The appeal came to the Federal Circuit from the United States Federal District Court for the Southern District of California. The district court granted summary judgment of noninfringement. The decision of the district court was not entered on the substantive merits of any issue raised in the complaint, but instead on what the Federal Circuit characterized as a procedural aspect that occurred at the beginning of the litigation and arising from application of the Patent Local Rules of the Southern District of California.
The district court imposed a fee-shifting sanction as a condition of permitting AntiCancer to supplement the Preliminary Infringement Contentions that the district court found defective under Patent Local Rule 3.1. The district court issued an Order that would have allowed AntiCancer to supplement its infringement contentions, but only if it concurrently pay the attorney fees and costs incurred by the defendants in connection with their motion for summary judgment related to the defective infringement contentions. AntiCancer objected to this condition, and the district court entered summary judgment.
Posted: Sunday, Nov 2, 2014 @ 10:00 am | Written by Gene Quinn | 2 comments
Jaime Siegel, Executive VP of Acacia Research
Jaime Siegel is Executive Vice President of of Licensing and Litigation at Acacia Research. He joined Acacia in 2013, coming to the company after serving as Vice President and Senior IP Counsel for Sony Corporation. Siegel has extensive experience in international IP monetization, enforcement and strategic acquisitions, and he agreed to chat with me on the record. Our interview took place on Thursday, October 23, 2014.
Siegel will be attending the IP Dealmakers Forum in New York City from November 6-7, 2014. He will also be on a panel on Friday morning titled Evaluating Public Market IP Investment Opportunities, which will discuss how investors can measure market value and performance of public IP companies, as well as exploring the various business models and strategies currently seen in the marketplace.
My conversation with Siegel was for the purpose of discussing these topics. As you will read below, while our discussion starts there it became a far ranging discussion of the issues facing the industry more globally. If there is a theme that shines through from our discussion it is about the undeniable reality that early stage investors always want to see patents before investing.
Posted: Saturday, Nov 1, 2014 @ 3:11 pm | Written by Steve Brachmann | 8 comments
Imagine a time well into the future where someone might not understand what it means to “Google” something. A time when they would have absolutely no clue that the name of this corporation was used colloquially to describe a search of Internet-based content and data. Or, as it is essentially used in conversation, as the way to find the answers to your questions.
That mental image is impossible for anyone with regular Internet access to fully realize, with good reason: Google is a company offering a product, but that product has become something with widespread cultural implications. The Information Age is driven by the value derived by instant access to data, and one of the foundational tools of consumer access to data is the search engine.
If, in 100 years, Google is no longer recognized in this way, it would be said that Google had become the world’s next Kodak. What had been known as “the Kodak moment,” a culturally persistent reference to a moment in time with friends or family that should be saved for posterity, has been completely subverted by “the selfie” and the act of “gramming” a picture on Instagram.
Posted: Friday, Oct 31, 2014 @ 10:00 am | Written by Bob Zeidman | 1 Comment »
In part 1 of this article I discussed software forensics, generally what it is and why it’s needed. One of the big reasons there is such a need for software forensics is to interject objectivity into what is otherwise a battle of experts who are supposed to be unbiased but who may be strongly influenced by, if not outright pressured to support, the positions of their clients. This is just as true of experts in other areas of litigation, but as more complex technologies are at issue in today’s IP cases, lay judges and juries are less capable of weeding through technical intricacies to weigh opposing views of experts. Compounding this reality is the ever increasing popularity of police dramas on television, which elevate the desire for juries to have some kind of objective information they can rely on; something of a smoking gun if you will. Software forensics can often provide that smoking gun and cut through the haze. But the question remains, how do we assure that software forensic tools are reliable and consistent and that the expert witnesses who use them are qualified and honest about their analyses?
Below are a few ideas about this, though each one carries with it potential problems. Perhaps not all of these ideas can definitely be implemented, but if we could insert some or all of them into the current legal system, we might have just results a higher percentage of the time. And applying these ideas to criminal cases might be a particularly good idea, where an expert’s opinion can be the difference between life and death for a person accused of a crime.
This edition of IPWatchdog’s Companies We Follow takes us back to the innovations most recently developed by this major purveyor of intellectual properties. In the patent applications filed by this company, we found an interesting trio of printing technologies, including one filing which would protect an improved system for printing and binding booklets. Medical innovations, including an endoscopic tool which can be selectively made transparent and visible depending on endoscopic operation needs, are discussed below. We also noted an innovation for reducing erroneous operations in an electronic device with multiple touchscreen panels.
There have been many recent additions to Canon’s already globally renowned patent portfolio that we profile today. We discuss a few patents issued to protect improvements to robotics technologies for manufacturing facilities. A couple of patents show Canon’s interest in improving nanofabrication techniques for creating semiconductors. We also explore inventions related to printing copy-forgery-inhibited patterns and high precision scanning technologies.
Posted: Thursday, Oct 30, 2014 @ 1:34 pm | Written by Press Releases | No Comments »
Image by Mark Avino, National Air and Space Museum, Smithsonian Institution.
The Smithsonian’s National Air and Space Museum will host an Innovation Festival Nov. 1 and 2, a collaboration between the Smithsonian and the U.S. Patent and Trademark Office. The festival will highlight accomplishments of American inventors and the spirit of innovation. It will feature displays, talks, performances and craft projects for children and adults.
This event is part of a five-year collaboration between the Smithsonian and USPTO to develop programs and exhibitions showcasing American innovation; USPTO will provide annual funding for public programs and exhibitions. Upcoming joint efforts will include a major new intellectual property exhibition at the National Museum of American History and an innovation family festival at the Smithsonian American Art Museum in spring 2015.
Posted: Thursday, Oct 30, 2014 @ 10:00 am | Written by Gene Quinn | 2 comments
Last week the United States Court of Appeals for the Federal Circuit issued a decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. While the decision is no doubt important to the parties involved, this decision may have more far reaching implications for patent reform in 2015 and beyond. The issue of particular interest in this case was willful infringement. In a concurring opinion, Judge O’Malley, who was joined by Judge Hughes, wrote that she felt constrained by the Federal Circuit’s precedent in In re Seagate and Bard Peripheral Vascular v. W.L. Gore, but that recent Supreme Court decisions call into question the continued viability of that precedent.
As such, Judges O’Malley and Hughes have urged the Federal Circuit to reconsider en banc the standard for awarding enhanced damages under 35 U.S.C. 284.
If enhanced damages for willful infringement is back on the table any prospects for broad-based patent reform is dead. The America Invents Act (AIA) was famously and permanently stalled until the issue of willful infringement and damages was removed from the legislation. With the damages logjam broken the forces pushing for patent reform were able to coax the legislation across the finish line.
Posted: Wednesday, Oct 29, 2014 @ 10:00 am | Written by Scott Burt | 3 comments
EDITORIAL NOTE: Conversant IP has set up a website called Stand Up to the Demand, which helps those being sued for patent infringement to distinguish between a bogus claim of patent infringement and a legitimate licensing inquiry from a patent owner.
One thing you can say about patent trolls: They sure are cowboys! In fact, one of the biggest patent trolls of all time is a cowboy hat-wearing Texas lawyer by the name of Jay Mac Rust.
In 2012, Mr. Rust bought five patents from an inventor named Laurence Klein for exactly $1. He then set up 101 separate limited liability companies (LLCs), each with bizarre six letter names like IsaMai, BriPol, and HarNol. No one but Mr. Rust knows what those acronyms mean. But thousands of Mom and Pop small businesses — 16,465 to be exact — soon found out that they translate as “trouble.” Each of these businesses received a “demand letter” from one of Rust’s shell companies accusing them of patent infringement and demanding roughly $1,000 per employee if they wanted to avoid a minimum six-figure (and possibly seven-figure) lawsuit in U.S. federal court.
Posted: Wednesday, Oct 29, 2014 @ 9:30 am | Written by Federal Trade Commission | 4 comments
The Federal Trade Commission filed a federal court complaint against AT&T Mobility, LLC, charging that the company has misled millions of its smartphone customers by charging them for “unlimited” data plans while reducing their data speeds, in some cases by nearly 90 percent.
“AT&T promised its customers ‘unlimited’ data, and in many instances, it has failed to deliver on that promise,” said FTC Chairwoman Edith Ramirez. “The issue here is simple: ‘unlimited’ means unlimited.”