Posts Tagged: "marla grossman"

Industry Insiders Make Patent Wishes for 2019

For my wishes, I’ll make three. First, as I did last year and the year before, I again continue to wish for patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice. My second wish is for Congress to amend the statutes that created post grant challenges and provide for a real presumption of validity that requires invalidity to be proven by clear and convincing evidence. Finally, as I did last year, I again hope the Federal Circuit dramatically significantly decreases its use of Rule 36 affirmances, and specifically stops using this docket management tool when cases are appealed from the PTAB and also with respect to appeals dealing with 101 patent eligibility issues.

What Mattered in 2018: Industry Insiders Reflect on the Biggest Moments in IP

There is near unanimity that the Supreme Court’s decisions in Oil States Energy v. Greene’s Energy Group, 138 S.Ct. 1365 (2018) was among the most significant events of the year. Several also point to the Federal Circuit’s decisions in Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018) and Aatrix Software v. Green Shades Software, 882 F.3d 1121 (Fed. Cir. 2018), the impact Director Iancu has had on the USPTO and the patent system, and Congress passing the The Music Modernization Act. Beyond those events, there were others identified by this diverse panel that might have gone unnoticed if we were to focus only on the top-line events of the year.

Year End Review: Insiders Reflect on the Biggest Copyright and Trade Secret Moments of 2016

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. This year we received such a good response from our panel of experts that we decided to break this column into two…

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 IPWatchdog.com. 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.

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.

A 2015 Trade Policy Outlook

With Republicans in control of both Chambers, the Administration may finally get TPA, fast- track negotiating authority for trade agreements that allows the President to negotiate international agreements that Congress can approve or disapprove but cannot amend or filibuster. Senator Hatch will likely have an ally in incoming Senate Majority Leader Mitch McConnell (R- KY), who has signaled that TPA is a pro-business measure that could pass Congress and have the support of the President.

A 2015 IP Policy Outlook

House Judiciary Committee Chairman Bob Goodlatte (R-VA) will keep copyright high on the Judiciary Committee’s agenda in the 114th Congress. Given that Chairman Goodlatte has already held nearly twenty hearings as part of his copyright review, it is safe to say that the initial hearing stage of the review is coming to a close, although he is expected to hold several additional hearings early this year. The Copyright Office has recommended that Congress should consider providing new and more efficient processes to enable the resolution of small claims. Moreover, senior House Judiciary Committee staff has expressed support for a small copyright claims remedy.

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…

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.”

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.”

Copyright Issues for the 113th Congress

During the first quarter of the 2013, Congressional attention will be focused on budget, appropriations and debt ceiling matters – along with a few other public policy issues that have recently taken center stage – such as gun control. That does not mean, however, that work on other important issues will cease, and lawmakers will have to contend with several other matters – including key copyright issues – during the 113th Congress.

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 IPWatchdog.com 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.

A Conversation with Manus Cooney – Patents and Lobbying

Cooney is a prominent behind the scenes player in Washington, DC. He is a partner in the American Continental Group, a D.C. based consulting and lobbying firm that boasts one of the most prominent IP practice groups in town. Cooney and the American Continental Group were intimately involved in working behind the scenes on the America Invents Act (AIA), as well as the predecessor legislation that was circulating through Congress for years before it ultimately passed. With the anniversary of the passage this month I asked Manus if he would go on the record to talk about his experiences, legislation and lobbying in general, as well as what is on the horizon for the future.

Copyright Issues on the Legislative Agenda for 2012-2013

Though they are unlikely to take center stage during the truncated session before elections or the post-election lame duck session, lawmakers will have to contend with several key copyright issues during the 113th Congress. Thus, no matter who wins on November 6, IP leaders in the House and Senate are likely to use the remainder of this calendar year to set the stage for next year’s copyright agenda. The priority copyright issues for the remainder of 2012 and 2013 are: (1) Anti Piracy Initiatives; (2) Internet Issues; (3) International Agreements; (4) Music Licensing; (5) Book Licensing; and (6) TV Broadcast Issues. Each is discussed more fully below.