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Posts Tagged: "WARF"

Athena Diagnostics Amici Warn of Harms to Biotech Revolution Under Current Alice/Mayo Framework

April 22 was the deadline for filing amicus briefs with the Court of Appeals for the Federal Circuit in Athena Diagnostics’ petition for an en banc rehearing by the court. The petition comes after a 2-1 panel decision in early February affirmed a district court’s ruling that patent claims covering methods of diagnosing myasthenia gravis (MG), an autoimmune disorder that causes weakness in skeletal muscles, were directed toward laws of nature and were thus unpatentable subject matter under 35 U.S.C. § 101. In an invitation to file briefs with the Federal Circuit in this case, Knowles IP Strategies Founder Sherry Knowles and AddyHart Partner Meredith Addy discussed the need for amici to hold the Federal Circuit accountable regarding its duty to apply a strict statutory construction of the literal language of Section 101 to ensure that patent eligibility cases are decided in a way that is consistent with Constitutional statutes. Knowles and Addy filed a brief on behalf of Freenome Holdings and Achillon Pharmaceuticals (discussed below). Theirs and other briefs that have now been filed raise concerns about the inability to patent life-saving diagnostic methods that are found ineligible under Section 101 using the Alice/Mayo framework simply because the invention or discovery involves monitoring natural processes.

Federal Circuit Decision Erases $234 million Damages Awarded to WARF

The Federal Circuit recently issued a ruling reversing the district court’s denial of Apple Inc.’s (“Apple”) motion for judgment as a matter of law (“JMOL”) after finding no reasonable juror could have found infringement based on the evidence presented during the liability phase of trial. The decision erased an awarded over $234 million in damages to Wisconsin Alumni Research Foundation (WARF). The Court, however, affirmed the district court’s grant of summary judgment with respect to invalidity in favor of the patent owner.

Senate Republicans discuss patent reform in private briefing with infringer lobby

The Senate Republican High-Tech Task Force convened in order to hear from patent experts on the impact of the U.S. Supreme Court’s ruling in TC Heartland, the IPR process and patent eligibility, and to discuss what Congress can do in terms of additional patent reform in order to improve the U.S. patent system… The Hatch op-ed would seem to be music to the ears of beleaguered patent owners in the life science and computer implemented innovation areas. The problem, however, is with those the Senate Republican High-Tech Task Force heard from during this private meeting.

Judge orders Apple to pay $506M to WARF over infringement of patented processor technology

Judge Conley ordered Apple to pay $506 million in damages to WARF for infringing on patents covering computer processing technologies. WARF’s original complaint, filed in January 2014, involved the assertion of a single patent: U.S. Patent No. 5781752, titled Table Based Data Speculation Circuit for Parallel Processing Computer and issued in July 1998… According to WARF’s original complaint, the development of the technology protected by the ‘752 patent is recognized as a major milestone in the field of computer microprocessor architecture and design. It lead to the election of Dr. Gurindar Sohi, the leader of the lab developing the technology, into the National Academy of Engineering in 2009.

Caltech’s infringement lawsuit against Apple, Broadcom is latest in university patent suit trend

According to multiple reports, the Caltech patents-in-suit are incorporated into both the 802.11n and 802.11ac wireless connectivity standards, which are used by Apple products to communicate digital information. This latest patent infringement lawsuit is part of a growing trend where universities find themselves forced to file suit in U.S. district courts in order to protect their patent rights. They are forced to sue because those that infringe the patents refuse to take licenses on reasonable terms, they refuse to negotiate, and they refuse even to return calls. They choose to infringe with eyes wide open because they feel like they can. This is the face of what is called efficient infringement.

Exit Interview: A Conversation with Outgoing AUTM President Fred Reinhart

During Reinhart’s year as President much changed at AUTM. There was a concerted effort to transition to a a strategic board of directors that would result in more dynamic member engagement, AUTM hired a full-time Executive Director, the organization spent a great deal of time developing more effective relationships with industry, AUTM bolstered it’s relationships with key university organizations, and AUTM began more earnestly working on international initiatives. While more progress was made in some areas than in others, progress has been achieved across the board. All-in-all, Reinhart’s tenure at the helm of AUTM was quite successful and he has helped set the organization up for the challenges that lie ahead.

Post Grant Patent Challenges Concern Universities, Pharma

Gulbrandsen’s chief complaint with the U.S. system centers around the fact that it has become enormously easy to challenge issued patents once they have been granted. In fact, organizations in pursuit of acquired technology are leveraging the kill-rate at the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO), to negotiate lower licensing payments. Threats are made that patents will be challenged in Inter Partes review, “so that you amend the license and reduce the fees,” Gulbrandsen explained. “So, immediately you know that devalues the patent and devalues the license agreement that you’ve got.”

University of Wisconsin Celebrates 90 Years of Innovation Excellence

For the past 90 years WARF has promoted scientific research and innovation at UW-Madison and has earned more than $800 million in patent royalty revenues over the years and has generated $1.25 billion in revenue for the institution. WARF’s success spans well beyond the critical role Bremer played in the enactment of Bayh-Dole, and can be seen in how the University of Wisconsin-Madison stacks up against research universities from across the world. In 2013, UW-Madison placed 6th globally among all universities receiving U.S. patents that year with 160 patents; prostate cancer vaccines, clean compression engines and prosthetic device control were among the technologies protected.

University Research Leads to Biofuel Breakthrough

Exciting new innovations being patented and licensed by American universities may provide some effective answers to issues that have been vexing biofuel developers for years. Wilkerson described the breakthrough in Science, explaining that poplars can be specifically designed for deconstruction. “Poplars are dense, easy to store, and the flourish on marginal lands not suitable for food crops, making them a non-competing and sustainable source of biofuel,” said Wilkerson. According to Jennifer Gottwald, a licensing manager with the Wisconsin Alumni Research Foundation (WARF), the basic technology applied here to poplar trees could used in a variety of other plant life, even grasses.