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Raymond Millien

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Raymond Millien, is the Chief Executive Officer of Harness, IP, where he oversees the firm’s operations, including HR, Finance, Marketing/Business Development, IT, and Docketing. He has been named one of the “World’s 300 Leading IP Strategists” by Intellectual Asset Management (IAM) Magazine and a “Corporate IP STAR” by Managing IP (MIP) Magazine.  Prior to joining Harness IP, Ray served as the Chief IP Officer at Volvo Car Corporation and CEO of Volvo Cars Ventures, where he led a global team of attorneys and managed a multi-million dollar legal budget. Under his watch, Volvo Cars significantly increased its IP licensing revenue and its patent application filing rates, while simultaneously controlling departmental operating expenses.

He has led the IP function at GE Oil & Gas and the American Express Company, and the software IP function at GE Healthcare. Ray has also served as General Counsel of merchant bank Ocean Tomo, LLC, and practiced law in the Washington, D.C. offices of DLA Piper US LLP and Sterne, Kessler, Goldstein & Fox PLLC. He received a B.S. in Computer Science from Columbia University, and a J.D. from The George Washington University Law School. In addition to his career as an innovation and legal executive, Ray is a lecturer and published author with experience as a member of several boards of directors and in venture capital, licensing, software development, and corporate and technology law.

Recent Articles by Raymond Millien

The Use of ‘For the Avoidance of Doubt’ in IP License Agreements: Please Stop!

The phrase “for the avoidance of doubt” must be a Microsoft Word shortcut that comes standard in some legal IT package. Why do we say that? Well, we recently received an IP licensing agreement from an attorney working at a large law firm located in a large city, serving a large client, and presumably charging a large hourly fee. It seemed as though every 50th word in the agreement was “for the avoidance of doubt.” Now, this is not a personal attack on this particular attorney or law firm. We have seen the phrase used way too often and do not understand why. Perhaps this is just a phrase that makes agreements sound more legalese or maybe the attorneys in question think it makes certain provisions in the agreement more “airtight?” Nonetheless, we ask all of you to please stop!

In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related

As an update to my posts from 2017, 2019, 2020, and March 2021, it has now been 86 months since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros. Seed Co. v. Kalo Inoculant Co.). Further, it has been 10 years since famed venture capitalist Marc Andreessen wrote the influential and often-quoted op-ed piece in the Wall Street Journal titled “Why Software Is Eating the World.” Today, the digital transformation where software is “eating the world” is undeniable. Let’s look at some facts and figures from the USA, Europe and China.

Seven Years After Alice, 63.2% of the U.S. Patents Issued in 2020 were Software-Related

As an update to my posts from 2017, 2019, and 2020, it has now been more than seven years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros. Seed Co. v. Kalo Inoculant Co.). Further, it has been 10 years since famed venture capitalist Marc Andreessen wrote an influential op-ed piece in the Wall Street Journal titled “Why Software Is Eating the World.” This digital transformation where software is “eating the world” is undeniable.

Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018

As an update to my posts from 2017 and 2019, it has now been more than six years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Still, the IP bar awaits a clear and reliable test to determine when exactly a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none.” The USPTO’s Section 101 guidelines interpreting Alice—and the accompanying 46 examples—have not cleared the confusion, and Alice continues to distract the USPTO, courts, and practitioners from focusing properly on Sections 102 (novelty) and 103 (obviousness). The net effects still being increased cost, lower patent quality, lower patent portfolio valuations, wasted patent reform lobbying dollars and, in many instances, the denial of patent protection for worthwhile software inventions.

Past Events with Raymond Millien

IPWatchdog Annual Meeting Now VIRTUAL CON2020

September 1, 2020 @ 12:00 pm - 3:30 pm EDT

Patent Bar Review 2017 – Alexandria, VA

January 4, 2017 - January 8, 2017

Patent Bar Review Chicago

March 16, 2016 - March 20, 2016

ABA CLE Webinar – The Agile Software Trend

August 18, 2015 @ 1:00 pm - 2:30 pm EDT