Posts Tagged: "industry insiders"

2016 Patent Year End Review: Insiders Reflect on the Biggest Patent Moments of the Year

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of 2016. For us that means looking backward at the most impactful events in the world of intellectual property. As you might expect, the two recurring themes in this 2016 patent year end review relate to patent eligibility and the Patent Trial and Appeal Board.

Star Trek Celebrates 50 Years: Industry Insiders Reflect

The first episode of Star Trek aired on September 8, 1966, some 50 years ago. Although the original series ended after only three rather disappointing seasons, the franchise would go on to spawn many sci-fi series and blockbuster movies. Star Trek has inspired generations of scientists and engineers, who continue to attempt to bring into being the gadgets and technology written into the story line. For example, several years ago the United States Patent Office issued a patent on the first cloaking device, last year scientists at the U.S. Naval Research laboratory created transparent aluminum, IBM’s omnipotent computer known as Watson can easily be likened to the all-knowing Star Trek computer, and a real-life food replicator can prepare a meal in 30 seconds. Of course, countless scientists have theorized about the possibility of a real life transporter, which is described as the holy grail of Star Trek technologies. Indeed, just a few months ago Russia embarked upon a path to achieve transporter technology within the next 20 years, and researchers believe through the use of quantum mechanics they can create a transporter-like device for data.

Predicting Cuozzo in Advance of SCOTUS Oral Arguments

While I would never go into business handicapping the outcome of SCOTUS deliberations, I do have an opinion about what they should do in this case, at least on the claim construction issue. Judge Newman had it exactly right in her panel dissent and her concise dissent from the denial of rehearing en banc. The “broadest reasonable interpretation” standard is useful during the examination phase, ensuring that no conceivably relevant art is overlooked and that the applicant’s opportunity to amend is well informed. But it’s silly, and ultimately damaging to the system, to apply the same standard in a post-issuance process that is directed at determining exactly what issued claims mean and where amendments are seriously restricted. Just as in district court, IPRs benefit from contested advocacy about the meaning of claim terms. In that adjudicative phase there is no place for the artificial construct of “broadest reasonable interpretation” in place of “most reasonable interpretation.”

Patent and Trade Secret Wishes for 2016

This year our panel has a diverse variety of wishes. We see the usual wishes relating to patent eligibility and the abstract idea exception, with a reference to a Moody Blue’s song to make the point. We also see wishes relating to inter partes review (IPR) and the biotech industry, and a wish for uniformity at the Federal Circuit. There is a wish for federal trade secret legislation to finally pass, and a reminder that elections matter, even for us in the intellectual property space, a topic that we will return to quite a lot during 2016 here at We also see several exasperated wishes, hoping for solutions to the real problems facing the industry rather than the same old tired cries for “reform” that would benefit only a handful of large entities while harming practically everyone else.

Patent and IP Wishes from K Street for the New Year

If Gene (the “genie”) were to grant me patent and IP wishes for 2016, I would ask for (in no particular order) the passage of trade secrets legislation, resolution of the current patent reform legislation stalemate in Congress, that the USPTO consider evidence of non-preemption during its initial determination of patent eligibility; and that the USPTO prioritize accuracy, completeness and accessibility of the public record as part of its Patent Quality Review.

What Mattered in 2015: Insiders Reflect on Biggest Moments in IP

This year our panel of industry insiders is quite diverse, with commentary from Bob Stoll (Drinker Biddle), Ashley Keller (Gerchen Keller), Paul Morinville (US Inventor), Alden Abbot (Heritage Foundation), Marla Grossman (American Continental Group) and Steve Kunin (Oblon). Unlike last year where there was near unanimous agreement that the Supreme Court’s decision in Alice v. CLS Bank was the biggest moment of the year, this year our panel of industry experts focused on a variety of different matters. There was one recurring theme, however. The inability of patent reform to advance on Capitol Hill was undoubtedly one of the biggest stories of the year.

Looking Forward – Predictions and Thoughts about 2015

We have a new edition to our annual article series, which looking backward with reflections on the biggest moments of the year that has passed and which offers wishes for the year ahead. This year we also asked industry leaders if they would care to take a stab at predicting the future. Of course, if I’m going to ask others…

Patent and IP Wishes for 2015

I would love to see patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice. I would also love to see meaningful copyright reforms and/or real Internet industry cooperation that recognizes the important rights of content creators, both large and small. I would also like to see federal trade secret legislation, which is critically important given the erosion of patent rights over the last several years. Until Congress realizes just how damaging the Supreme Court has been over the last decade more innovators will need to rely on trade secret protection, and having one regime rather than 51 regimes (i.e., 50 states plus the District of Columbia) makes no sense given the national and international scope of business in today’s global economy.

What Mattered in 2014: Reflecting on the Biggest Moments in IP

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of the year. For us that means looking backward at the most impactful events in the world of intellectual property. Unlike in years past where we would get a variety of different perspectives from industry insiders, there…

Industry Insiders Make Patent Wishes for 2014

Manny Schecter (IBM Chief Patent Counsel) writes: “Last year I wished for greater understanding of the patent system outside of the patent community. Awareness of the patent system has certainly grown, but understanding? I’m not so sure. I still see a rush by many to hasty “solutions” that would actually result in more harm than good. My latest concern is proposals for technology-specific reforms. These proposals comprise calls for restricting the scope of, enhancing challenges for, or eliminating altogether, patents relating to certain technologies such as computer and genetic implemented inventions.”

Industry Insiders Reflect on the Biggest Moments of 2013

In this edition of Biggest Moments in IP we have a variety of reflections on a wide array of IP issues. Todd Dickinson goes international by pointing to the EU Unitary Patent as a very important long-term milestone, and congratulates the USPTO on being ranked the top place to work in the federal government. Scott McKeown focuses on a decision from the Federal Circuit that will allow collateral challenges to damage awards. Bob Stoll points to the Innovation act, Federal Circuit disarray over software, the “revolutionary” Supreme Court decision in Myriad and the Microsoft/Motorola FRAND decision.

Industry Insiders Make Patent & Innovation Wishes for 2013

It is that time of the year where we all start to look ahead to the new year, perhaps making some New Year resolutions that are sure to last for at least a few days. To switch things up a bit, several years ago I contacted a number of my industry contacts to ask them what they wish for moving into the New Year. See, for example, Industry Insiders Make Patent Wishes for 2012. This has become rather popular and persisted. This year we have a host of industry experts who participated. Over and over again the theme that emerges is that the patent bashing will stop.

Industry Insiders Reflect on Biggest Moments in IP for 2012

For this inaugural edition of ?Biggest Moments in IP? we have a variety of reflections on a wide array of IP issues. Former Commissioner for Patents Bob Stoll walked through some of the biggest items on the patent docket for the year. Former staffer to Senator Leahy (D-VT) and current lobbyist Marla Grossman reflects on Senator Leahy’s decision to refuse the Chairmanship of the Senate Appropriations Committee to stay on as Chair of the Judiciary Committee. IP attorney and frequent feature contributor to Beth Hutchens focuses on several copyright and first amendment issues. Then Stephen Kunin of Oblon Spivak gives us his Top 10 list in David Letterman style.

Musings on Justice Scalia and the Hard, Dull Patent Cases

Just over one week ago Justice Antonin Scalia of the United States Supreme Court was interviewed by Piers Morgan of CNN. See Scalia transcript.  During the interview Justice Scalia said that the hardest decision he has had to make in his time on the Supreme Court was in a patent case. I received a few responses from those who did not opine as to what case Justice Scalia might be referring to, but rather commented generally about the interview and what Justice Scalia said relative to patent cases being difficult, dull and insignificant.  What follows below are those musings from industry insiders.

Justice Scalia: Hardest Decision “Probably a Patent Case”

One week ago, on July 18, 2012, Justice Antonin Scalia of the United States Supreme Court sat down for an interview with Piers Morgan of CNN. See Scalia interview transcript. During the interview Morgan asked Scalia what his hardest decision has been while on the Supreme Court. I thought it might be fun to ask some industry insiders what their guess was as to the unnamed case Justice Scalia was thinking of as the “hardest decision.” Some of those I asked didn’t offer a guess, but rather took the opportunity to discuss the aforementioned Scalia statements more generally. Those “musings” will be published tomorrow.