News & Analysis as of

Do the Metes and Bounds of Patent Claims Limit Academic Freedom?

To decide whether patent law may limit academic freedom, consider three issues. First, whether the background rules of law provide protection for academics. Second, whether the areas covered by patents are of interest to...more

Optimizing Your IP Strategy: Modern, technology-driven organisations must focus on management of IP

As markets become more global and driven by new technologies, a well-thought-out IP strategy is becoming even more critical for businesses. Imagine spending time, money and resources developing a new process or...more

Guest Post: Patent Reform -- Lessons from Capitalism's Founding Father

There are those very vocal about proposing legislative amendments to the patent statutes, in an attempt to curb litigation abuse and thereby promote innovation....more

Enantiomer Patents: Innovative or Obvious?

I. Introduction - Stereochemistry relates to the spatial organization of atoms in a molecule. Often molecules having the same chemical makeup can exist in different spatial arrangements. These related molecules are...more

Patenting Necessary for Continued Innovation in Biotech/Pharma Industries, Academics Conclude

Most recent academic and some popular assessments of the effects of the Bayh-Dole Act have been critical. This has been due in part to political opposition to licensing university technology (and the purported soiling of the...more

Five Patenting Lessons Exemplified by Google’s Glucose-Sensing Contact Lenses

Google recently announced on its blog that its “Google-X” laboratory is testing a prototype “smart” contact lens that includes a miniaturized electronic sensor designed to measure glucose level in the wearer’stears. I...more

Apple, Inc. - A Case Study in Successful Exploitation of Design and Innovation

Some of the world’s strongest consumer products companies have achieved this success by harmoniously integrating technical innovation and distinctive product design. Worldwide brands such as Bang & OlufsenTM are built on...more

Information Technology & Industry Council and King & Spalding Co-Host Thought Leadership Event on Patent Litigation Reform and...

On November 14, 2013, the Information Technology Industry Council (ITIC) and King & Spalding co-hosted a thought leadership event focused on abusive patent litigation and its effect on U.S. innovation. The Capitol Hill event...more

House Judiciary Committee Holds Hearing on Innovation Act

Earlier today, the House Committee on the Judiciary held a hearing to discuss the Innovation Act (H.R. 3309), a bill that was introduced last week by the Chairman of the Committee, Rep. Bob Goodlatte (R-VA). The Committee...more

Capital Infusion: Protecting Innovation in Fast-Paced Energy Markets: Expediting the Review and Issuance of U.S. Patent...

Technological innovation has been key to generating new opportunities in the energy industry and is largely responsible for the resurgence of fossil fuel production in the United States. Advancements in horizontal drilling,...more

Shaken, But Not Yet Stirred –The Future Of Australian Innovation Patents

We summarise and comment on the recent Options Paper released by the Advisory Council on Intellectual Property (ACIP), an independent government-appointed IP advisory body, in relation to its review of the innovation patent...more

Life Sciences Spotlight | Issue 3, 2013

IN THIS ISSUE: - FEATURES: - A new wave of regulatory enforcement actions in China – Are we witnessing a prolonged enforcement cycle? - Update on recent decisions - Australia’s innovation patent – The...more

White House Issues Executive Actions and Legislative Recommendations Aimed at Patent Assertion Entities

Recognizing a problem that has long plagued Silicon Valley technology companies, on June 4, 2013, President Barack Obama issued executive actions and legislative recommendations "to protect innovators from frivolous...more

An Unreasonable Royalty Rate is No Gaming Matter

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

The Patent-Antitrust Interface: Are There Any No-No's Today?

Antitrust law and patent law are legal tectonic plates – always in motion, occasionally converging, occasionally diverging, and occasionally moving in parallel relation. As patent suits have recently multiplied, the...more

How Do You Solve a Problem Like PAEs?

Policy makers in Washington, DC have been hearing about the problems created by patent assertion entities – PAEs or, to some, “patent trolls” – from a number of quarters over the past few years. PAEs are generally entities...more

FTC and DOJ Explore Role of Patent Assertion Entities in the Patent Innovation Market

On December 10, 2012, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly presented the “Patent Assertion Entities (PAEs) Activities Workshop.” This publicly-held workshop signaled a recognition by...more

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