The COVID-19 pandemic killed millions worldwide and uprooted livelihoods and industries in the past year. But at least one industry has emerged relatively unscathed, if not stronger. Some Indiana intellectual property attorneys have seen an increase in patent requests and inventions during the pandemic as individuals utilized their creative skills while quarantining.
Innovation needed to bridge patent diversity gap, attorneys say
A bill introduced in the U.S. Senate in March seeks to quantify the lack of diversity among patent holders. The Inventor Diversity for Economic Advancement Act of 2021 — or IDEA Act — would require the USPTO to collect inventors’ demographic information, including race and gender.Read More
Unleashing innovation: 40th anniversary of Bayh-Dole Act celebrates law credited with improving lives around the world
The Bayh-Dole Act, marking its 40th anniversary, has contributed hundreds of billions of dollars to the U.S. gross domestic product and supported million jobs by unleashing the discoveries in America’s leading universities. But the landmark legislation now hailed as an engine of innovation and enterprise almost never came to pass.Read More
Federal Circuit tweaks statute to overcome constitutionality concerns with administrative patent judges
On Halloween 2019, a constitutional argument against the process for challenging patents not only convinced a federal appellate court but also inspired the judges to offer their own fix to the statute.Read More
Patent U.: Universities’ investment in patentable research reaps more revenue, litigation
As universities investment more resources in the development of patentable technology, they also run an increased risk of litigation.Read More
Amid all the news around the new year, you might have missed that the variety of changes to federal intellectual property laws, the Trademark Modernization Act (TMA) and the Copyright Alternative in Small-Claims Enforcement Act (CASE Act).
A final surprise for 2020 emerged from December’s marathon omnibus spending and COVID-19 relief negotiations. Congress included a trio of notable and hotly debated intellectual property measures in its multi-trillion-dollar spending and relief package which could fundamentally alter the manner in which intellectual property owners protect and enforce their rights.
Should SCOTUS fail to take up the matter now or fail to address broader issues and provide a more cogent framework for Section 101 patent eligibility in its determination, I expect the next round of significant news on the subject to be Congress stepping in and acting.
The Supreme Court on Monday seemed likely to find that the judges who oversee patent disputes are not properly appointed, a case important to patent holders and inventors including major technology companies.
Whether next month, next year, or even beyond, at some point, the COVID-19 pandemic will begin to end. The world may look and feel a bit different, but the intangible intellectual property system will still be here, and we can take steps now to better position you (or your clients) for what comes next.
A company considering acquiring a target company having patent assets should evaluate such patent assets by having its lawyer gather information, verify facts, and assess risks associated with acquisition of the target company. This patent due diligence is performed by the lawyer to advise their client regarding issues impacting the potential acquisition, including, for example, acquisition price and structure.
Examining a witness online made Sarah Kelly a little disconcerted. The Indiana University Maurer School of Law student was part of the patent trial class that spends an entire semester preparing a patent case then culminates in a mock trial. Typically the pseudo litigation takes place in a courtroom before a jury and real judge, but this year the COVID-19 emergency pushed the courtroom battle online.
How can a business or manufacturer legally protect external and aesthetic components from copycats and knockoff suppliers? Design patents.
Laine Gonzalez has the distinction of being IU McKinney’s first IP Law Scholar, a program in partnership with Brinks Gilson & Lione designed to train the next generation of intellectual property lawyers.
An ongoing royalties dispute between Indiana spine surgeon Rick Sasso and medical-device giant Medtronic will continue in state court despite Medtronic’s efforts to remove the matter to a federal judge.
Eli Lilly and Co. has won another patent-infringement lawsuit against a competitor who was preparing to launch an alternative form of the chemotherapy drug Alimta prior to its patent expiration in May 2022.
The Supreme Court is wrestling with a modern-day dispute involving the pirate Blackbeard’s ship that went down off North Carolina’s coast more than 300 years ago. The justices on Tuesday heard arguments in a copyright case over photos and videos that document the recovery of the Queen Anne’s Revenge, discovered in 1996.
A Florida intellectual property attorney who represented Indiana clients has been suspended from the practice of law for 30 days for failing to disclose to clients that his firm was pursuing patents under an agreement with another company that charged clients to develop, protect and market their inventions.
When it often takes three to five years to secure a patent, you don’t want to empty your patent application pipeline if you think the law will change in the near term. And now it is looking increasingly likely that Congress will step in and bring order to the current chaos.
While license agreements are often complex, we have seen many common pitfalls in licenses for patents and know-how (trademark and copyright licenses present similar issues, but are beyond the scope of this article). A “top 10” is a somewhat arbitrary list, but here goes:
At Indiana University, Purdue University, Notre Dame and elsewhere, specialized university technology and commercialization offices are taking an expanding role in protecting the intellectual property of academic research, innovations and inventions.
The law surrounding a key patent statute, 35 U.S.C. § 101, is “a real problem” that is “almost impossible to apply consistently and coherently” and “needs clarification by higher authority.” When federal appellate judges make statements like these, the issue is worth further exploration.
Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury awarding him $112 million in damages Nov. 28.