Posts Tagged: "intellectual property"

Book Review: The Intangible Investor

Prosperity in the United States is now almost completely tied to innovation, and a prerequisite to successful innovation is access to capital. The central theme of Bruce Berman’s new book of timely essays, The Intangible Investor, focuses on the issues surrounding our innovation economy: capital, valuation and leveraging IP for business advantage. While are there are many sophisticated investors and business executives, the domain of intellectual property and intangible assets is very different from the bricks and mortar world that they inhabit. Unlike real estate, intangible assets are not scarce, can be infinitely replicated and wholly divided. That makes monetizing those patents that have value a formidable challenge.

India’s IPR Policies Jeopardize its U.S. Trade Benefits

Over the past few months, a groundswell of voices in the U.S. business community and U.S. Government has arisen to express frustration with India’s IPR policies. In May, USTR’s annual Special 301 Report highlighted India for the 24th consecutive year, citing growing challenges to IPR protection which raise “serious questions regarding the future condition of the innovation climate in India across multiple sectors and disciplines.” In June, the Alliance for Fair Trade with India was launched by over a dozen leading U.S. business associations, including the National Association of Manufacturers and the U.S. Chamber of Commerce’s Global Intellectual Property Center, to bring attention to India’s discriminatory trade practices, including the erosion of IPR in India. In July, Vice President Joe Biden cited IPR protection as an obstacle to expanded U.S.-India trade. Following a hearing on how India’s industrial policies are hurting U.S. companies, House Energy & Commerce Trade Subcommittee Chair Lee Terry (R-NE) introduced legislation in September to block duty-free access to U.S. markets for countries without adequate protection for intellectual property.

Seven IP Cases Slated on Supreme Court Oral Argument Calendar

The Court will hear oral argument as follows: on February 26, in two cases on granting (Octane Fitness) and reviewing (Highmark) attorneys’ fee awards; on March 31, in a case (Alice Corp.) on patent eligibility of system and computer-implemented method claims; on April 21, in a case (POM Wonderful) on claims under Section 43 of the Lanham Act challenging labels regulated by the Food and Drug Administration; on April 22, in a case (Aereo) on whether a provider of broadcast television programming over the Internet violates a copyright owner’s public performance right; on April 28, in a case (Nautilus) on the proper standard for finding indefiniteness invalidity for patents; and on April 30, in a case (Limelight) on joint liability for method claim infringement where all of the claimed steps are performed but not by a single entity.

The Future of Global Health Depends on Strong IPRs

At first blush Dr. David Taylor’s claim that “continuing progress in the pharmaceutical and other health sciences will eliminate disease related mortality and disability in people aged under 75 by 2050” seems a bit unbelievable… The core of the analysis focuses on the extent to which intellectual property rights serve to foster innovation and improve global public health, both today and tomorrow. Taylor et al. recognize that without intellectual property rights private investment in expensive, risky and uncertain biopharmaceutical research and development projects would not take place. Acknowledging that the debate is more nuanced that a choice between firm profits or patient access, the authors argue that alternatives to the existing IPR regime would be unlikely to deliver the therapeutic advances that we enjoy under the current system.

Marla Grossman Exclusive, Part 2

GROSSMAN: “A report released by the Global Intellectual Property Center found that IP-intensive industries employ 55.7 million Americans across dozens of sectors of the economy. In every state of this nation, millions of jobs hinge on the protection and enforcement of intellectual property rights and supply wages 30% higher than non IP jobs. I think that increasingly reports such as these, will demonstrate, with hard facts and figures, to public policymakers the importance of intellectual property rights in promoting creativity and innovation in the U.S. economy, and thereby counter the popular and trendy notion that consumers should get everything they want instantaneously and for free.”

A Conversation with Marla Grossman – IP and Lobbying

GROSSMAN: “I think that we will see some form of patent litigation reform passed by the Senate and then ultimately by Congress. Currently, there are very few things on which the Republicans and the Democrats can come together. However, patents and other types of intellectual property seem to be one area in which joint action is possible. I think that ultimately both parties are going to want to do something that shows that they can work together and get something important accomplished. Enacting the appropriate type of patent litigation reform would foster innovation and create jobs and thereby demonstrate to the American people that they still have a functioning Congress. The House has already passed a bill, and the President urged Congress to pass a bill in his State of the Union address. I think the momentum is there.”

What happens to IP law in 2014?

I prophesy that the best we can hope for is a Bilski-esque vague instruction (wherein our top court opined that some business methods are patentable, citing the machine or transformation test as one viable test, without pointing to other valid tests and without enlightening the confused public.) The Court is once again likely to limit software patentability in some arcane way that harms job creation and stifles economic growth. The bright side is that the Court’s failure to protect our largest growth industries may help spur the legislative branch into further action. A decade of intermittent patent reforms has created a permanent cadre of patent lobbyists very willing to focus their considerable efforts and talents on a new patent issue. It would be advantageous to the patent system if that attention were productively channeled to specifically include our emerging technologies in our patent statutes, and to legislate patent eligibility in a manner that treats 101 as the broad filter it was intended to be, while employing the other patent statutes, such as 112 and 103, to correctly provide the narrower filters.

The Importance of Protecting Incremental, Improvement Innovation

Innovation provides new therapies and breakthrough treatments that extend and enhance life. The scientific and financial resources required for these advances are an investment worth making and an important precedent for global health. Patents encourage those innovations, making cutting-edge treatments a reality. Patents give innovation life. Current efforts to amend existing intellectual property legislation to “fix” the patent system will only undermine the incentives that encourage innovation. All innovation, both breakthrough discoveries and incremental improvements, is valuable and should be protected and rewarded. India, Brazil, South Africa and other emerging economies should take note. Their proposed changes, aimed at weakening intellectual property rights protections, are misguided and potentially very damaging to public health.

Nielsen to Divest and License Assets and IP to Acquire Arbitron

According to the FTC’s complaint, the elimination of future competition between Nielsen and Arbitron would likely cause advertisers, ad agencies, and programmers to pay more for national syndicated cross-platform audience measurement services. Thus, Nielsen agreed that it will divest and license assets and intellectual property needed to develop national syndicated cross-platform audience measurement services.

Declining IP Rights in India Lead to Growing Bi-Partisan Congressional Concern

Newly implemented policies, compulsory licensing practices, and recent court decisions have heightened concern about IPR in India. Congressmen Erik Paulsen and John Larson expressed their worries with India’s intellectual property violations in a letter written to President Obama. Over 170 members of Congress, consisting of a bi-partisan support, signed the letter. During their speeches at the GIPC, the Congressmen emphasized that this bi-partisan support demonstrates the grave concern of IPR in India and the importance of persuading India to comply with global practices. The Congressmen sent the letter just prior to a visit to India by Secretary of State, John Kerry.

Finding a Fall Guy for Middle East Respiratory Syndrome

Prominent officials in the World Health Organization and Saudi government point at surprising villains allegedly standing in the way of international efforts to combat the spread of Middle East Respiratory Syndrome Coronavirus (MERS-COV):· The doctor who first recognized the deadly new disease; and
· The medical center which quickly identified the virus.

Are Pharmaceutical Patents A Barrier to Access to Medicines? The Importance Economic Development and Growth

Critics argue that pharmaceutical patents are a barrier to wide-reaching access to medicines, especially for vulnerable populations in the developing world. They cast their argument in the phrase, “Patents Kill” and advocate against intellectual property (IP) protection for medical innovation and the trade agreements that incorporate them… Not surprisingly, barriers to access are more prevalent in less developed nations and access to medicine is a function of the level of economic development. Not surprisingly, higher-income nations benefit from greater access to medicines.

Apple Patent to Replace the “Back” Button with “Page Snapback”

This past week was another very prolific one for Apple, as the California-based electronic device developer received 35 patents and had another 36 applications published by the U.S. Patent & Trademark Office. Many patent applications were concerned with the ways computer users interact with their systems, and we see a number of upgrades to graphical user interfaces coming for device address books and online stores. Of the patents issued to Apple, one protects a webpage retrieval method that can help browsers save a lot of time while searching for information on the Internet.

House Subcommittee Pursues Answers to Litigation Abuses by Patent Assertion Entities

The House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on March 14, 2013, heard from six witnesses that the business of “patent assertion entities” (PAEs) is inflicting severe harm on a broad range of technology users. The witnesses at the hearing agreed that, when confronted PAE demand letters on frivolous claims, settlements by and large are economically unavoidable.

Intellectual Ventures Brings Second Patent Infringement Lawsuit Against Symantec

Patent and technology firm, Intellectual Ventures (IV), recently brought a new complaint against computer security company, Symantec, claiming that the company infringed on three of its patents. To be specific, the complaint alleges that three of Symantec’s products (Replicator, Veritas Volume Replicator, and ApplicationHA) “actively, knowingly and intentionally” infringed on three separate IV patents. Symantec was also sued as part of a different complaint by IV back in 2010, along with Trend Micro, McAfee, and Point Software Technologies.