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Posts Tagged: "conversation"

On the Record with IAM’s Richard Lloyd

I think it’s interesting to see how people present this as a bipartisan issue but that covers up the fact that actually there are some very clear splits within the parties themselves. A number of the conservative think tanks and interest groups have come out and come out very strongly against broad-based patent reform. But, if you look at some of the Republicans in the House and Senate who support legislation they have not really addressed that property right piece and have focused more on litigation reform and things like fee shifting which they feel need to be part of any strong reform package. So the politics is quite split and is actually quite nuanced which I’m not sure people always appreciate.

Congress expected to take up federal trade secret legislation in 2015

There was a lot of action on this in the last Congress. There is a group of law professors that have expressed some opposition to the proposal to add a civil remedy, in spite of widespread support among industry stakeholders. There was some controversy around some seizure provisions that were suggested in one version of the legislation. And I think those discussions will usefully inform what will be done in this Congress. But I believe there is a great deal of support for making that basic change to allow companies to have another—not a displacement, not preemptive of state law but an additional place to go to get the benefit of nationwide service of process and other special advantages of being in federal court.

Common currency creates challenges for the unitary patent

With the Euro once again in crisis people look back on the decision to go with the common currency and many people here believe that that was a step too far. That engaging in the expectation that if we do this it will naturally bring us closer together was perhaps way too optimistic. And too risky. And that risking the kind of fiscal instability that we have seen recently in order to push everyone towards a closer political union some people are saying now was a very bad bet to make, without a real supra-national bank and without having first knitted the countries together better politically.

Harmonization and the quest for an elusive international grace period

An interview with Jim Pooley, former Deputy Director General of WIPO – The actual changes that we might have to accept in a truly globalized, harmonized system are not going to be that difficult for us. The real difficulty is getting everybody to agree on one set of best practices. That, it turns out, is a political road that is just as difficult now as it ever has been. But the goal is clear, the goal is compelling and I think all of us need to work as hard as we can to push things in that direction. First of all we’ve got to get the industrialized countries to agree on a single approach, or at least an understood and aligned approach, to a grace period. Once that happens I think the other issues that we have to deal with will fall into place. We have to keep in mind that while the politicians or diplomats argue with one another, we have sitting on the sidelines all of our clients who are cheering for harmonization. They want to see this happen. And at the end of the day politicians need to recognize it’s the users of the patent system that own it and we need to make sure that they get the system that they deserve.

Helping start-ups turn ideas into valuable assets

The first thing we do is we assess the idea. And when we assess the idea we verify that the idea can lead to the creation of intellectual property. Because for me, if that’s not the outcome, then it’s not an idea worth pursuing. The second thing we’re looking for is merit. So we’re checking: is that a good idea? From my experience of 20 years in Silicon Valley, it all really comes down to the connection between the idea and the founder. Some people are trying to sell somebody else’s ideas. That’s not a good idea.

The Ramifications of Alice: A Conversation with Mark Lemley

LEMLEY: “I think Alice is a real sea change on the patentable subject matter issue. I’ve heard a lot of folks talk about how Alice doesn’t really use the word “software” so it doesn’t really change anything, but I honestly think that’s wishful thinking… I think a lot of patent lawyers had talked ourselves into thinking that the Court didn’t really mean it in Mayo when it talked about having to add a significant inventive component beyond the abstract idea or the natural process. But the court in Alice makes it clear that if your patent covers an implementation of an idea we want proof of an inventive concept beyond that idea before we’ll grant you a patent.

Conversation with Jay Walker and Jon Ellenthal, Part 3

“Our promise to the small or medium size operating company is we will give them a simple and affordable way to understand the patent environment they’re doing business in, to find the hundred patents that are most statistically relevant to their product line. And provide them with either a license or a warranty that allows them to reduce the risk they’re facing on those one hundred patents. And if you’re a small or medium size operating company who is coming to understand that every business needs an IP strategy these days as IP becomes a more important part of markets and the economy then this is a very affordable and simple entry level strategy for understanding and dealing with patent risk. And that puts you in a much better position arguably than the position that you’re in right now which is you know very little about the risk you’re facing and you can do nothing about it.”

Exclusive with Ray Niro: The Man They Call the Patent Troll

On July 1, 2013, I spoke on the record with Ray Niro, who is one of the most well known patent litigators in the United States. Throughout his career he has been a champion for the inventor who was facing long odds due to widespread patent infringement. So loathed was Niro, he was the one who was originally referred to as the “patent troll” by the media due to his representing innovators against giant technology companies. Of course, if you are going to call Ray Niro a patent troll you might want to also point out that he is extraordinarily successful, which means he has been very good at proving that large corporations have infringed valid patents, sometimes on fundamentally important innovations.

A Patent Conversation with Steve Kunin

Steve Kunin is the head of Oblon’s Post Grant Patent Proceedings practice group, and is also on the firm’s Management Committee. He is also a friend. For several years now I’ve been getting together with Steve for lunch periodically to talk about a variety of patent issues. On May 6, 2013, we sat down for a wide ranging discussion about patents, ranging from post grant proceedings to secret prior art to the Supreme Court and the Economic Espionage Act. Of course, we ended with several fun topics including discussion of the Washington Nationals and must-see Sci-Fi summer movies.

Software Patents: Drafting for Litigation and a Global Economy

On March 25, 2013, I spoke on the record with Eric Gould Bear (left) about software innovations, software patents and the trials and tribulations of litigating software patents long after they were first written. In Part I of our interview, titled Designing Into the Path of Disruptive Technology, we discussed the journey from ideas to designs that design a technology platform that could realistically be useful 5, 10 or more years down the road. In Part II of our interview, which appears below, we discuss drafting software patent applications with an eye toward litigation and the unfortunate reality that the top technology innovators simply won’t listen to licensing overtures unless they are first sued.

Designing Into the Path of Disruptive Technology: An Interview with Software Expert Eric Gould Bear

It’s important to remember that ideas are a dime a dozen. And what matters at the end of the day, in my mind, is what works well for people. It comes down to making sure that your flash of genius is a fit for what’s valuable to real people in everyday life. Whether in a consumer space or in business, it doesn’t matter. The underlying principles of making great design come down to how people act in the world. How do they think about themselves? What do they feel about your product? What do they think about each other? And where are they running into challenges in either accomplishing things or living life to its fullest. So, if it starts with an idea, I would challenge that premise to begin with – because I believe great design often starts with a question as opposed to an answer.