Posts Tagged: "bob armitage"

Two Observations on Last Week’s Senate Hearings on Patent Eligibility Reform

Last week, all eyes were on the first two days of historic Senate Judiciary IP Subcommittee Hearings, led by Senator Thom Tillis (R-NC), Chair of the Subcommittee, and Senator Chris Coons (D-DE), Ranking Member of the Subcommittee. The purpose of the hearing was simple: to determine a fix for the disaster foisted upon the industry by the patent eligibility jurisprudence of the Supreme Court of the United States. The testimony of the first 30 witnesses has already been summarized, so there is no need for me to dive into the particulars of who said what here. Suffice it to say that the Subcommittee heard a range of opinions—some better supported than others.

Amici led by Eli Lilly file brief in Supreme Court in support of Sequenom certiorari petition

Rather than use the word ‘conflate’ to describe the mongrel mixture of patentability requirements the Supreme Court undertook in Mayo, the Eli Lilly brief characterizes the analysis employed by the Supreme Court as including a separate, implicit ‘threshold test’ for patentability that is applied even before consideration of the statutory patentability requirements. Eli Lilly hypothesizes that this ‘implicit exception was imposed to assure that patents cannot validly protect—or preempt access to—laws of nature, natural phenomena, or abstract ideas.’

Patent reform on the agenda when Congress returns this week

Patent reform is back on the agenda when Congress returns from recess this week. On Tuesday, April 14, 2015, at 2:00 pm ET, the House Judiciary Committee will hold a hearing on H.R. 9, more commonly referred to as the Innovation Act. Then on Thursday, April 16, 2015, at 11:00 am ET, the Commerce, Manufacturing and Trade (CMT) Subcommittee of the House Energy & Commerce Committee will also hold a patent related hearing. The subject of the CMT hearing will be the Targeting Rogue and Opaque Letters Act (TROL Act).

Kappos, Prost, Armitage and Dickinson Discuss AIA at AIPLA

Kappos on final rules to implement the AIA: “We put together a good set of rules, but they are by no means a perfect set of rules.” Kappos explained that typically in Washington administrative rules are written and may be changed some time in the future, but not very quickly. That was not the USPTO approach. “Our approach was different,” he explained. The USPTO approach is one of continuing improvement. “We are already talking about convening the state holder community again after a few months when there is data to discuss.” The goal is to get feedback and make any necessary changes to continually improve the rules.

Diary: Reporting Live from the 2010 BIO International Convention

Wednesday was my day to walk through the BIO Exhibit Hall. I had already decided to blow off the Al Gore “media availability.” I am not sure exactly what that is, but as near as I can tell it meant I would get to listen to the first 5 minutes of Al Gore’s keynote address. I’m not a big Gore fan, and there were so many cool innovations to learn about. I love to talk shop and nothing quite captures me like innovation, innovators and those who speak the language of business. So… sorry Mr. Vice President, this nerd decided to join the other nerds in the Exhibit Hall. The decision to skip the Gore media availability was sealed when I learned of an tech transfer iPhone app that needed some investigation. Hey, I can’t help it, I’m an electrical and computer engineer at a BIO Convention?!?! I needed some computer angle somewhere!

Kappos Talks Patent Reform and Gene Patents at BIO Convention

What follows are pieces of Director Kappos’ remarks at the session prior to taking questions and answers. While it is probably unfair to call these remarks prepared remarks, it was clear that he referred to his notes as he provided detailed information and statistics. He also seemed to be reading what he said when he spoke about the ACLU case against Myriad Genetics, but who can blame him given the USPTO was a nominal party to the case and it will be appealed to the Federal Circuit. It is also worth mentioning that during the Q&A there were a few interesting things that came up, chief among them was Kappos’ explanation of the long odds facing a small entity claiming to be the first to invent but who filed the patent application second. Kappos likened the odds of such a Junior Party prevailing to the odds of being bitten by a Grizzly Bear and a Polar Bear on the same day. He then went on to say that you have to go back to FY 2007 to find a prevailing small entity Junior Party in an interference.