• Gender Diversity in IP and Technology Policy: A New Resource and Way to get Noticed
    in: diversity, Intellectual Property, Patently-O, STEM, WIPO, WIPO Magazine, women, women in IP  | 

    Gender Diversity in IP and Technology Policy: A New Resource and Way to get Noticed

    The most recent WIPO Magazine is devoted to women and IP.  There are a number of fascinating articles concerning women involved in creating in various technology and artistic spaces.  One interesting story involves Sybilla Masters.  She “developed a way to process Indian corn in 1715 and her achievements were recorded in the patent document, the associated right was issued to her husband.  At that time, the prevailing laws stated that women could not own property.”  WIPO also discusses the gender gap in patent filings—only about 4% to 20% of patent applications include a female inventor depending on the country.  The United States is at 10%.  Interestingly, WIPO points to several causes of the gap: 1) fewer women in STEM fields; 2) “Female scientists and engineers are less likely than their male counterparts to think about commercializing their inventions, and are less comfortable marketing themselves and their work to potential business partners.;” and 3) Female scientists and engineers “are less likely to be invited to sit on prestigious scientific boards or advisory panels where they could meet potential innovation partners.” 

    The Brookings Institute recently announced the creation of Sourcelist.  Sourcelist is a database of women who are experts in technology policy, and coming soon—a database of other diverse groups who are also experts in technology policy.  Sourcelist states that it was created because:

    Recognizing that women and underrepresented genders in technology policy—a field at the intersection of Silicon Valley and the Washington Beltway—face a particular set of institutional barriers, we dedicated the first Sourcelist database to Women+. Issues associated with underrepresentation have not gone unnoticed, and countless organizations have made important progress in raising awareness of the problem and educating stakeholders on the importance of greater gender diversity. Sourcelist seeks to help in the last mile of those efforts; it is a resource for those looking to put good intention into practice.


    This looks like a great idea!  If you are female, sign up to get on the list! 

  • Gender Diversity in IP and Technology Policy: A New Resource and Way to get Noticed
    in: diversity, Intellectual Property, Patently-O, STEM, WIPO, WIPO Magazine, women, women in IP  | 

    Gender Diversity in IP and Technology Policy: A New Resource and Way to get Noticed

    The most recent WIPO Magazine is devoted to women and IP.  There are a number of fascinating articles concerning women involved in creating in various technology and artistic spaces.  One interesting story involves Sybilla Masters.  She “developed a way to process Indian corn in 1715 and her achievements were recorded in the patent document, the associated right was issued to her husband.  At that time, the prevailing laws stated that women could not own property.”  WIPO also discusses the gender gap in patent filings—only about 4% to 20% of patent applications include a female inventor depending on the country.  The United States is at 10%.  Interestingly, WIPO points to several causes of the gap: 1) fewer women in STEM fields; 2) “Female scientists and engineers are less likely than their male counterparts to think about commercializing their inventions, and are less comfortable marketing themselves and their work to potential business partners.;” and 3) Female scientists and engineers “are less likely to be invited to sit on prestigious scientific boards or advisory panels where they could meet potential innovation partners.” 

    The Brookings Institute recently announced the creation of Sourcelist.  Sourcelist is a database of women who are experts in technology policy, and coming soon—a database of other diverse groups who are also experts in technology policy.  Sourcelist states that it was created because:

    Recognizing that women and underrepresented genders in technology policy—a field at the intersection of Silicon Valley and the Washington Beltway—face a particular set of institutional barriers, we dedicated the first Sourcelist database to Women+. Issues associated with underrepresentation have not gone unnoticed, and countless organizations have made important progress in raising awareness of the problem and educating stakeholders on the importance of greater gender diversity. Sourcelist seeks to help in the last mile of those efforts; it is a resource for those looking to put good intention into practice.


    This looks like a great idea!  If you are female, sign up to get on the list! 

  • 矯正
    in:  | 

    矯正

                            目次はこちら

    矯正

    (RECTIFY)
    $$ By testing the turret sub-assembly before assembly to the cryogen vessel, observed defects can be rectified, avoiding damage or scrap …

Gender Diversity in IP and Technology Policy: A New Resource and Way to get Noticed

The most recent WIPO Magazine is devoted to women and IP.  There are a number of fascinating articles concerning women involved in creating in various technology and artistic spaces.  One interesting story involves Sybilla Masters.  She “developed a way to process Indian corn in 1715 and her achievements were recorded in the patent document, the associated right was issued to her husband.  At that time, the prevailing laws stated that women could not own property.”  WIPO also discusses the gender gap in patent filings—only about 4% to 20% of patent applications include a female inventor depending on the country.  The United States is at 10%.  Interestingly, WIPO points to several causes of the gap: 1) fewer women in STEM fields; 2) “Female scientists and engineers are less likely than their male counterparts to think about commercializing their inventions, and are less comfortable marketing themselves and their work to potential business partners.;” and 3) Female scientists and engineers “are less likely to be invited to sit on prestigious scientific boards or advisory panels where they could meet potential innovation partners.” 

The Brookings Institute recently announced the creation of Sourcelist.  Sourcelist is a database of women who are experts in technology policy, and coming soon—a database of other diverse groups who are also experts in technology policy.  Sourcelist states that it was created because:

Recognizing that women and underrepresented genders in technology policy—a field at the intersection of Silicon Valley and the Washington Beltway—face a particular set of institutional barriers, we dedicated the first Sourcelist database to Women+. Issues associated with underrepresentation have not gone unnoticed, and countless organizations have made important progress in raising awareness of the problem and educating stakeholders on the importance of greater gender diversity. Sourcelist seeks to help in the last mile of those efforts; it is a resource for those looking to put good intention into practice.


This looks like a great idea!  If you are female, sign up to get on the list! 

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  • Gender Diversity in IP and Technology Policy: A New Resource and Way to get Noticed

    The most recent WIPO Magazine is devoted to women and IP.  There are a number of fascinating articles concerning women involved in creating in various technology and artistic spaces.  One interesting story involves Sybilla Masters.  She “developed a way to process Indian corn in 1715 and her achievements were recorded in the patent document, the associated right was issued to her husband.  At that time, the prevailing laws stated that women could not own property.”  WIPO also discusses the gender gap in patent filings—only about 4% to 20% of patent applications include a female inventor depending on the country.  The United States is at 10%.  Interestingly, WIPO points to several causes of the gap: 1) fewer women in STEM fields; 2) “Female scientists and engineers are less likely than their male counterparts to think about commercializing their inventions, and are less comfortable marketing themselves and their work to potential business partners.;” and 3) Female scientists and engineers “are less likely to be invited to sit on prestigious scientific boards or advisory panels where they could meet potential innovation partners.” 

    The Brookings Institute recently announced the creation of Sourcelist.  Sourcelist is a database of women who are experts in technology policy, and coming soon—a database of other diverse groups who are also experts in technology policy.  Sourcelist states that it was created because:

    Recognizing that women and underrepresented genders in technology policy—a field at the intersection of Silicon Valley and the Washington Beltway—face a particular set of institutional barriers, we dedicated the first Sourcelist database to Women+. Issues associated with underrepresentation have not gone unnoticed, and countless organizations have made important progress in raising awareness of the problem and educating stakeholders on the importance of greater gender diversity. Sourcelist seeks to help in the last mile of those efforts; it is a resource for those looking to put good intention into practice.


    This looks like a great idea!  If you are female, sign up to get on the list! 

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  • Stays Pending Design-Around in Germany, Part 3: Don’t Hold Your Breath

    As most readers are aware, following the U.S. Supreme Court’s 2006 decision in eBay v. MercExchange courts deny the prevailing patent owner an injunction about 1/4 of the time, and award instead an ongoing royalty.  Patent assertion entities almost never get injunctions, but even operating companies sometimes are unsuccessful in obtaining injunctions, particularly where the patent is only one of many embodied in a complex device.  Occasionally, however, courts adopt something of an in-between position, awarding a permanent injunction but delaying (staying) the entry of the injunction for a period of time, to enable the infringer to come up with a noninfringing design-around; in the interim, the infringer will pay an ongoing royalty.  Sometimes this may seem more equitable or proportionate than either granting an injunction that would take effect immediately, or denying the injunction altogether.
    In most other countries, injunctive relief remains the norm, though (depending on the circumstances and the country) there sometimes can be ways to avoid it–in the common law countries, as a matter of equitable discretion, or in civil law countries by application of the abuse of right doctrine, or else by means of competition law (e.g., Huawei v. ZTE) or perhaps via application of the “proportionality” concept set forth in the E.C. Enforcement Directive.  I think it’s fair to say, however, that German courts do not interpret any of the possible exceptions to injunctive relief very broadly.  (See also this recent discussion  on IPKat.)  And while there is some potential leeway in Germany to stay an injunction pending design around–a concept known as the Aufbrauchfrist–to date German courts have applied this procedure only rarely.  The leading case is a 2016 decision of the Bundesgerichtsfhof–Judgment of 10 May 2016, X ZR 114/13 (Wärmetauscher, or “Heat Exchanger“), available in the original German here–which I’ve discussed on this blog a couple of times previously (here and here).  As those posts indicate, the German court seems to be of the view that the Aufbrauchfrist should rarely if ever be granted in a patent case.
    A more recent decision of the Düsseldorf Landesgericht (trial court), which I learned of from Daniel Hoppe’s article titled Die Rechtsprechung der deutschen Instanzgerichte zum Patent- und Gebrauchsmusterrecht seit dem Jahr 2016 (“The Patent and Utility Model Case Law of the German Lower Courts Since 2016″), GRUR-RR 2017, 465, further drives home the point.  In its Judgment of March 9, 2017, 4a O 17/15, the court denied an Aufbrauchfrist that would have stayed an injunction to enable the defendant to design around a medical device (an “Apparatus for endovascularly replacing a patient’s heart valve”).  Consistent with Wärmetauscher, the court describes the Aufbrauchfrist as exceptional, available only in narrow circumstances, etc. etc.  The court then states (paras. 213-217) that is not evident from the governing case law that the interests of third parties or of the public should be considered at all, in deciding whether to grant such a stay.  According to the legislature, the right to an injunction doesn’t depend on proportionality considerations; rather, those considerations may play a role only in determining whether to grant a compulsory license   under section 24 of the Patent Act.  (Later in the decision, however, the court does conclude that the interest of third parties is to be considered in deciding whether to order the recall and destruction of the infringing goods, and that here such an order would cause disproportionate harm to the interests of hospitals, heart centers, and patients.)  Further, the court sees nothing out of the ordinary in granting an injunction here, or any bad faith on the part of the patentee; interestingly, perhaps, the court notes that the patent owner is not a PAE.
    Bottom line:  maybe the German courts someday will come around to the view that granting a stay pending design-around is a good idea in a wider range of cases.  But for now, I wouldn’t hold my breath waiting for that to happen.  
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  • WHO Director Dr Tedros Opens First Annual World Health Assembly With ‘Keys For Success’

    World Health Organization Director General Tedros Adhanom Ghebreyesus (“Dr Tedros”) in his first speech in his function at head of the World Health Assembly described three keys to reach the ambitious goals of the organisation. He envisioned a transformed WHO helped by a strong leadership team, called for political commitment for which he said most country leaders are ready, and advocated partnerships with a number of international health actors, including the private sector.

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  • Federal Circuit Affirms Dismissal of Patent Challenges Filed by Drug Consumer

    AIDS Healthcare Found., Inc. v. Gilead Scis., Inc., the Federal Circuit affirmed the dismissal of patent challenges filed by drug consumers. The Court noted that a declaratory action requires “a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.” The Court also dismissed AHF’s argument that it is inducing infringement and dismissed AHF’s public policy arguments for invalidating invalid…

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  • Chad Davis and Kassie Helm Join Dechert’s IP Life Sciences Team

    Leading global law firm Dechert LLP announced this week that Chad E. Davis, Ph.D. and Katherine A. (“Kassie”) Helm, Ph.D. have joined its intellectual property practice in Boston and New York, respectively, as partners and also further expanding Dechert’s global life sciences capabilities. Davis utilizes his extensive scientific background in chemistry to structure strategic, complex patent portfolios – supporting clients through each phase of the patent process, from patent procurement to…

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  • Conference & CLE Calendar

    May 22, 2018 – “Sovereign Immunity and Patents at the PTAB and District Courts” (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) May 22, 2018 – “Last Party Standing: Who Has Standing to Appeal Administrative Decisions to the F…

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  • Barton Beebe on Bleistein

    Barton Beebe’s recent article, Bleistein, the Problem of Aesthetic Progress, and the Making of American Copyright Law, was already highlighted on this blog by Shyamkrishna Balganesh, but I wanted to add a few thoughts of my own because I really enjoyed reading it—it is a richly layered dive into the intellectual history of U.S. copyright law, and a wonderful piece to savor on a weekend.

    In one sense, this is an article about one case’s role in U.S. copyright law, but it uses that case to tackle a fundamental question of copyright theory: what does it mean “to promote the Progress”? Beebe’s goal is not just to correct longstanding misunderstandings of Bleistein; as I understand it, his real point is that we can and should “assess[] aesthetic progress according to the simple propositions that aesthetic labor in itself is its own reward and that the facilitation of more such labor represents progress.” He thinks Justice Holmes’s invocation of “personality” in Bleistein represents a normatively attractive “third way” between judges assessing aesthetic merit and simply leaving this judgment to the market—that aesthetic progress is shown “by the mere fact that someone was willing to make the work, either for sale or otherwise, and that in making it, someone had invested one’s personality in the work.”

    This personality-centered view of copyright seems similar to the Hegelian personality theory that was drawn into IP by Peggy Radin and elaborated by Justin Hughes, though at times it seems more like Lockean theories based on the author’s labor. I think he could have done more to explain how his theory relates to this prior literature, and also how it’s different from a utilitarian theory that recognizes the value creators get from creating (à la Jeanne Fromer’s Expressive Incentives). In any case, I think Beebe’s take is interesting, particularly with the connection he draws to John Dewey’s American pragmatist vision of aesthetic progress.

    But this article is not presented as a work on the theoretical foundations of IP—it is presented as a revisionist account of the 1903 Bleistein decision, so what work is this case doing? As I understand it, Beebe’s take on the opinion is that (1) Holmes was wrong about the IP Clause covering fine art, but we shouldn’t change that; (2) he was also wrong in concluding that “Progress” means commercial value, and we should change that; and (3) he was brilliant in investing the originality standard “with the dignity of democratic ‘personality,’” so we should revitalize that as the basis for our copyright law. I don’t think Beebe is arguing that we should adopt this personality approach because Holmes said it. And he’s certainly not saying that this is the original meaning of “Progress,” given that he thinks the IP Clause wasn’t intended to protect fine arts at all. Bleistein seems more like an interesting lens through which to express his vision of aesthetic progress.

    This isn’t to say that Bleistein is not a worthy target. On the first day of copyright in Intro to IP, I point out the famous “dangerous undertaking” quotation from Bleistein, note that it is often recited, and ask the students to keep in mind as they read the cases whether they think it is actually true that judges aren’t passing on the artistic merit of the works before them. But I’ve never thought this deeply about Bleistein before, and I’ll certainly do a better job discussing it in class after reading this article. I’ve also learned a great deal about the development of modern U.S. copyright law, and in that sense, the article is a resounding success.

    I’m less convinced by the payoffs of this personality theory for modern doctrine in Part IV. In some cases, I see how the test would be different—e.g., switching the originality inquiry to “whether the work contains its creator’s personality”—but I don’t know how that helps decide the tough cases. More fundamentally, I’m not convinced it is right that focusing on the value of the act of creation necessarily requires a shift toward access on the incentives/access balance—what if this shift, on net, causes fewer people to invest their personalities in new works? I think Beebe’s conclusion depends on the empirical assumption that shifting toward access would lead to more creation (however we’re quantifying that), and I’m not sure what he’s basing this on—the millions of people who create for free that he points to seem like they could be evidence that people who want to create find plenty of ways already.

    One final note: The article is full of tangents and takes a while to get to the point, but they are interesting tangents (and one of the real contributions of the paper), so I didn’t mind the detours. My favorite part was where Beebe teases Justice Holmes for making “a great show of his aesthetic cultivation” while making a great show of his own aesthetic cultivation (which is presumably somewhat tongue-in-cheek). These frequent asides might be frustrating for busy readers looking for a take-home point, but for a lazy Sunday afternoon, they are perfect.

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  • Respecting Foreign Judgments and $79 million for clicking “I agree”

    by Dennis Crouch

    An interesting new petition before the Supreme Court focuses on international licensing and copyright issues.  What happens when foreign courts give less weight to contracts and copyrights than would a US court? World Programming Ltd. v. SAS Institute, Supreme Court Docket No. 17-1459 (2018). [petition][docket]

    Agreeing not to Reverse Engineer, then Reverse Engineering: WPL, a UK software company purchased a copy of SAS’s popular software and began to study its functionality (all in the UK).  As part of the process, WPL clicked “I agree” on the SAS clickwrap licenses. Those licenses included a prohibition on reverse engineering and also limited the software use to “non-production purposes.”  According to the petition, however, “under U.K. and E.U. law, such observation and study is lawful, and contractual terms restricting such acts are null and void. . . .While  WPL was required to agree to that license before installing the SAS System, it also knew that E.U. and U.K. law permitted use of software for observation, study, and testing regardless of contrary contractual restrictions.” Consider Council Directive 2001/29/EEC, ¶ 50, 2001 O.J. (L 167/10) (EC); Council Directive 91/250/EEC, art.

    Continue reading Respecting Foreign Judgments and $79 million for clicking “I agree” at Patently-O.

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  • Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable

    Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in turn, alleged a material breach of the same clause and sought the termination of the Agreement. Altaire also sought post-grant review of the ‘623 patent, arguing that the patent was obvious over two production lots of its products. After the PTAB issued a final written decision determining that…

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  • 矯正

                            目次はこちら

    矯正

    (RECTIFY)
    $$ By testing the turret sub-assembly before assembly to the cryogen vessel, observed defects can be rectified, avoiding damage or scrap …

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  • Inside Views: US Patent System Remains 1st In The World, Despite Errors In Chamber Rankings

    Over the past few months, US officials ranging from PTO Director Andrei Iancu to a number of Congressional members, most recently Rep. Kelly (Illinois-2), have cited to the Chamber of Commerce’s ranking of intellectual property systems, which has dropped the US patent system from 1st in the world to 12th. They cite the rankings as evidence that the US patent system is in urgent need of review.

    Unfortunately, the rankings are based on misinterpretations and falsehoods. These are worth noting ahead of a House Judiciary hearing Tuesday with Iancu testifying.

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  • A Costly Haircut

    Lebron James and Nick Saban are well-known for dominance in their respective sports of basketball and college football. Recently they found themselves opposing each other in an intellectual property controversy. James’ Uninterrupted media company sent the University of Alabama a letter claiming Bama’s new barbershop themed show, “Shop Talk,” is infringing James’ similarly themed show, “The Shop.” The choice to send the demand letter has led to unintended, but foreseeable consequences for…

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  • HID Global Is Hiring An Assistant Intellectual Property Counsel

    HID Global has an opening for an Assistant Intellectual Property Counsel to join its team. Reporting to the General Counsel – Intellectual Property, as Assistant Intellectual Property Counsel you will have at least 4 years of experience in a wide-range of intellectual property legal matters from which to: (i) shape and execute intellectual property strategies to support business goals using sound, practical judgment and good business sense; and (ii) counsel and educate business leaders and…

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  • SAP America, Inc. v. InvestPic, LLC (Fed. Cir. 2018)

    By Michael Borella — SAP America, Inc. (SAP) filed a declaratory judgment action in the Northern District of Texas, alleging that U.S. Patent No. 6,349,291 of InvestPic, LLC (InvestPic) was invalid under 35 U.S.C. § 101. The District Court invalidated the ‘291 patent during the pleadings stage. InvestPic appealed the ruling to the Federal Circuit. Claim 1 of the ‘291 patent recites: A method for calculating, analyzing and displaying investment data comprising the steps of: (a) selecting a sample space, wherein the sample space includes at least one investment data sample; (b) generating a distribution function using a re-sampled statistical…

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  • 給電

                            目次はこちら

    給電

    (FEED)
    $$ Such large currents require cable feeds which are bulky, heavy and inherently inflexible. / そうした大きな電流は、太くて重…

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  • Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable

    Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in turn, alleged a material breach of the same clause and sought the termination of the Agreement. Altaire also sought post-grant review of the ‘623 patent, arguing that the patent was obvious over two production lots of its products. After the PTAB issued a final written decision determining that…

    Continue Reading ...