WEBCASTS

The NYS STLC offers archived and live webcasts where legal and business experts and law faculty share their knowledge and views on developments in technology commercialization.

Upcoming Webcasts:

 

Will Patenting Make as Much Sense in the New Regime of Weakened Patent Rights and Shorter Product Life Cycles?

Presented by David Hricik

October 4, 1:00 PM-2:15 PM EST

After its founding in 1982, the United States Court of Appeals for the Federal Circuit
strengthened patent protection. During that time, businesses – which acquire 90% of all patents– increasingly applied for and enforced patents. Clearly, the benefit of having a patent outweighed
the cost of doing so.
This article shows that a central benefit of applying for a patent is that it permits its
owner to exclude others from making the patented invention. A patent owner can use the
coercive power of a patent to exclude others from making the invention, or to permit others to
make the patented invention, but only if they pay money to do so. Two forces have reduced the
power of that benefit.

After practicing patent law, malpractice defense, and complex commercial litigation for 14 years, David Hricik became a professor at Mercer Law School in 2002. He teaches patent law, legal ethics, federal civil procedure, and other courses. He clerked for then-Chief Judge Rader in 2012, and also began to work part-time Of Counsel with Taylor English Duma, an Atlanta law firm. He is a member of the American Law Institute, has published books on ethical issues in patent practice and litigation, and serves as an expert witness.

Sharing: Crime Against Capitalism
Presented by Matthew David

October 5, 1:00 PM-2:15 PM EST

Today’s economic system, premised on the sale of physical goods, does not fit the information age we live in. The capitalist order requires the maintenance of an artificial scarcity in goods that have the potential for near infinite and almost free replication. The sharing of informational goods through distributed global networks – digital libraries, file-sharing, live-streaming, free software, free-access publishing, the free-sharing of scientific knowledge, and open-source pharmaceuticals – not only challenges the dominance of a scarcity-based economic system, but also enables a more efficient, innovative, just and free culture.

In a series of seven explorations of contemporary sharing, Matthew David shows that in each case sharing surpasses markets, private ownership and intellectual property rights in fostering motivation, creativity, innovation, production, distribution and reward. In transforming the idea of an information economy into an information society, sharing connects struggles against inequality and poverty in developed and developing countries. Challenging taken-for-granted justifications of the status quo, Sharing debunks the ‘tragedy of the commons’ and makes the case for digital network sharing as a viable mode of economic counterpower, prefiguring a post-capitalist society.

More information HERE.

 

Register HERE

 

Past Webcasts:

 

CRISPR Patents
Presented by Jacob S. Sherkow,  Associate Professor of Law at the Innovation Center for Law and Technology, New York Law School.

September 14th, 2017

CRISPR is a revolutionary advance in biotechnology: it allows molecular biologists to edit cells’ DNA with ease and precision unimaginable even a decade ago. The technology is also the subject of contentious patent dispute between several universities, and governed by a maze licensing agreements among research institutions, nonprofits, biotech startups, and large pharmaceutical developers. Patents in the CRISPR space illuminate numerous problems—and advantages—of university-based intellectual property for groundbreaking technologies. The CRISPR patents herald the beginning of skepticism over interinstitutional collaboration, especially for lucrative “translational” technologies. And they have encouraged universities—otherwise committed to licensing their patents widely—to invest in for-profit surrogate companies to narrowly manage their license agreements for them. At the same time, CRISPR patents have allowed publicly minded research institutions to retain control over the technology to essentially prevent some of the technology’s greatest potential abuses: runaway genetic modifications in the wild, also known as “gene drives”; seed-saving restrictions for agriculture; and germ-line human engineering. Using several short papers as guides, this talk will present an overview of these issues and discuss their application to future applications of CRISPR and other significant university-developed technology.
Further reading on CRISPR can be found HERE.

Video coming soon!

 

Recent & Upcoming Supreme Court IP-Related Cases

Presented by Professor Shubha Ghosh, Crandall Melvin Professor of Law at Syracuse University College of Law and Director of Technology Commercialization Law Program

The PowerPoint for this webcast is currently available HERE

Financing Strategies for Start-ups

Presented by Marcene Sonneborn, Professor of Practice, i-School, Syracuse University and SBIR & Innovation Specialist at TDO, and Glenn Vonk, Director of Business Development and Alliances, NCET2. Moderated by Shubha Ghosh, Crandall Melvin Professor of Law & Director of the Technology Commercialization Law Program, Syracuse University College of Law.

The webcast will cover SBIR funding for corporate and university-based entities, including angel funding, equity finance and other strategies for start-ups to consider when weighing options for early financing.

Links mentioned in the video:

SBIR

Tech Connect World

NCET2

Federal Labs

The IP of Ebola and Zika: Lessons for Future Outbreaks

Presented by Ana Santos Rutschman, Jaharis Faculty Fellow in Health Law and Intellectual Property

Ana Santos Rutschman, Jaharis Faculty Fellow in Health Law and Intellectual Property, presented on The IP of Ebola and Zika: Lessons for Future Outbreaks. The back-to-back Ebola and Zika epidemics had devastating public health consequences around the world. This presentation analyzed the outbreaks from the vantage point of IP. From insufficient R&D on Ebola before the 2014-16 deadly epidemic to Senator Bernie Sanders advising President Trump to avoid a bad Zika vaccine licensing deal in early 2017—the response to the recent outbreaks has been shaped by multiple aspects of IP law and policy. The presentation used case studies to describe different types of IP inefficiencies that affected the race to develop the first Ebola and Zika vaccines, and surveys normative and policy mechanisms to mitigate these inefficiencies in future outbreaks.

How Entrepreneurial Law and IP Clinics Can Assist in the Commercialization of University Intellectual Property

Presented by Brian Krumm, Professor of Law at University of Tennessee College of Law

On March 29, Brian Krumm, Professor of Law at University of Tennessee College of Law, presented on How Entrepreneurial Law and IP Clinics Can Assist in the Commercialization of University Intellectual Property. Professor Krumm is the leader of a Business Law Clinic, which provides legal services to local businesses and entrepreneurs while allowing students to learn the ins and outs of transactional law. In his webcast, he discussed a collaboration between a faculty inventor and the clinic. The clinic was able to form the LLC and drafted beta testing, employment, consulting, and end-user agreements. Professor Krumm recently completed a book, A Transactional Matter, outlining the transactional legal work necessary for business formation, operation, and the commercialization of technology.

Intellectual Property and Climate Change

Presented by Joshua Sarnoff, Professor of Law at DePaul University College of Law

Professor Shubha Ghosh spoke with Professor Sarnoff about his Research Handbook on Climate Change and Intellectual Property Law, published by Elgar in 2016. This volume brings together current legal research on how intellectual property can shape technological solutions to environmental problems. Professor Sarnoff addressed questions about international trade, patenting, data sharing, trade secrets. and environmental certification, presenting many of the research findings in the Handbook.

Blurred Lines: A Question of Social Justice in Copyright

Presented by Sean O’Connor, Boeing International Professor of Law at University of Washington School of Law, and Lateef Mtima, Founder and Director of the Institute for Intellectual Property & Social Justice

Legal professionals Sean O’Connor and Lateef Mtima discussed copyright protection in the music industry. During the webcast, O’Connor and Mtima addressed the social justice implications of applying traditional interpretations of copyright protection to musical composition. They explored how some of those interpretations have led to socially unjust and unproductive results and practices in the music industry which are neither intended or mandated by the copyright law. The conversation centered around the Robin Thicke and Pharrell Williams “Blurred Lines” copyright case, as well as a case regarding Led Zeppelin’s music.

Ethics for the Patent Practitioner

Presented by Gene Quinn, Patent Attorney and Editor and Founder of IPWatchdog.com

In 2013 the United States Patent and Trademark Office adopted new Rules of Professional Conduct, based on the ABA Model Rules. Also in 2013, the USPTO revised the existing procedural rules governing disciplinary investigations and proceedings. This presentation focused on the USPTO Rules of Conduct applicable to patent attorneys and patent agents, with emphasis on those areas where the USPTO deviated from the ABA Model Rules. Presenter Gene Quinn explored the OED disciplinary process, the definition of practitioner misconduct, mitigating circumstances that frequently get applied and reviewed cases from federal courts and disciplinary proceedings from the OED to illustrate what ethical problems fellow practitioners have had over the last several years.

Recent & Upcoming Supreme Court IP-Related Cases

Presented by Professor Shubha Ghosh, Crandall Melvin Professor of Law at Syracuse University College of Law and Director of Technology Commercialization Law Program

In this webinar, Prof. Shubha Ghosh summarized last term’s IP-related case decisions and previewed the intellectual property issues to be considered the October Term 2016. In the coming term, the Court will address issues involving damages in design patent cases, the standard for protecting designs under copyright law, laches defense to patent infringement, and patent infringement liability for providing components of a patented invention. With respect to the issue of damages for design patent, the Court has agreed to review the controversial Apple v Samsung case, involving smartphones. The copyright case deals with protection for cheerleader uniforms (and by extension, other items of fashion).  Finally, the patent infringement cases focus on procedural and substantive aspects of the Patent Act  and offer further opportunities for the Court to overrule the Federal Circuit.

Crowdfunding: Main Street Now Reaches Startup Country (2016)

Presented by Christopher J. Bonner, Special Counsel with Barclay Damon, LLP

Cuozzo Speed Technologies, LLC v. Lee (2016)

Presented by Professor Shubha Ghosh, Crandall Melvin Professor of Law at Syracuse University College of Law and Director of Technology Commercialization Law Program

The Supreme Court will consider whether the inter partes review (IPR) procedures which allow a third party to challenge the validity of a patent in front of the Patent Trial and Appeal Board (PTAB) have made it too difficult for inventors to defend their patent claims (and too easy to successfully invalidate patents). IPR allows companies to challenge and potentially invalidate a competing patent, settling intellectual property disputes far more cheaply and quickly than through a Federal Court proceeding. Critics of the process say that the PTAB is utilizing an improper standard in construing claims in a manner that is disadvantageous and unfair to patent holders. The high court justices will review the Federal Circuit panel’s 2-1 decision in Cuozzo upholding the PTAB decision and the standard employed.

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Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer, Inc. (2016)
Presented by Professor Shubha Ghosh, Crandall Melvin Professor of Law at Syracuse University College of Law and Director of Technology Commercialization Law Program

Technology-based companies vigilantly monitor their intellectual property in order to avoid infringing other patents, and to insure their patents are not being infringed. Infringement litigation is time-consuming and expensive, and can result in crippling damage awards. Patent owners pursuing infringement litigation argue that the standard for proving willful infringement in patent cases is overly rigid, making it difficult to recover enhanced damages. Pursuant to 35 U.S.C. §284, courts are authorized to triple the amount of damage awards upon a finding of willful patent infringement. The standard by which damages are assessed for willful infringement will be considered by the U.S. Supreme Court in the Halo Electronics v. Pulse Electronics and Stryker Crop. v. Zimmer, Inc. cases.

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IP Considerations in Product Development (2015)
Presented by John W. Boger, a Partner with the IP Boutique Law Firm of Heslin, Rothenberg, Farley & Mesiti P.C.

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SEC Considerations and Exemptions for Small and New Companies (2015)
Presented by Christopher J. Bonner, Of Counsel with Hiscock & Barclay, LLP 


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PTAB Contested Proceedings: Tips, Traps and Pitfalls for the Patent Owner and Petitioner (2014)
Presented by Lisa A. Dolak, Angela S. Cooney Professor of Law, Syracuse University College of Law

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Six New Patent Rulings from the Supreme Court! The Year in Review (and a Peek into the Future) (2014)
Presented by Lisa A. Dolak, Angela S. Cooney Professor of Law, Syracuse University College of Law

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U.S. Commercial Service – Connecting to Global Markets (2013)
Presented by John Tracy, International Trade Specialist, U.S. Department of Commerce

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Patent Office Post-Grant Contested Proceedings: New Challenges, New Opportunities (2013)
Presented by Lisa A. Dolak, Angela S. Cooney Professor of Law, Syracuse University College of Law

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US Supreme Court Case: Prometheus v. Mayo and its Implications for Biotechnology Method Patents (2012)
Presented by George McGuire, Esq. of Bond, Schoeneck & King

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Negotiation Ethics: Guidance for the Intellectual Property Practitioner (2011)
Presented by Lisa A. Dolak, Angela S. Cooney Professor of Law, Syracuse University College of Law

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UNILOC USA v. MICROSOFT (2011)
Presented by Ted Hagelin, Crandall Melvin Professor of Law, Syracuse University College of Law, and Director of the New York State Science & Technology Law Center and the Technology Commercialization Law Clinic Network and Lisa A. Dolak, Angela S. Cooney Professor of Law, Syracuse University College of Law
videopowerpoint

Understanding Export Regulations (2010)
Presented by Jeffrey Fuchsberg, J.D., Former NYS STLC Senior Research Associate; Director, Intellectual Property & Competitive Analysis, RedSky/Biomedical Institute of the AmericasLuis Ormaechea, Esq., Former NYS STLC Senior Research Associate; Associate, Harter Secrest & Emery LLPBenjamin Bergan, Former NYS STLC Senior Research Associate, and Jacob Berger, Former NYS STLC Senior Research Associate

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Export Control & International Trade Issues – International Traffic in Arms Regulations (“ITAR”)(2010)
Presented by Michael E. Ginsberg, Esq. and Thomas E. Lavery, Esq. of Pattison, Sampson, Ginsberg & Griffin, PC.  Along with Jeffrey Millens of Trans-Border Global Freight Systems, Inc. 
 

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Recent Legislation Related to NYS High-Tech Economic Development Efforts (2010)
Presented by Jeong Han Oh, Former Director, Syracuse University Office of Technology Transfer; Former Adjunct Professor, Syracuse University College of Law

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SBIR & SSTR Funding Issues and Case Studies (2010)
Presented by Marcie Sonneborn, SBIR & Business Development Specialist, CNYTDO; Adjunct Professor, Syracuse University ; Visiting Lecturer, Cornell University 

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Recommendations of the Task Force on Diversifying the NYS Economy through Industry-Higher Education Partnerships (2010)
Presented by Ted Hagelin, Former Crandall Melvin Professor of Law, Syracuse University College of Law; Former Director of the New York State Science & Technology Law Center and Richard NewmanFormer Adjunct Professor of Law, Syracuse University College of Law; Former Vice President, Advanced Technology, Welch Allyn, Inc. 

task force report

Social Media: Implications for Intellectual Property Law (2010)
Presented by Blaine Bettinger Esq., Associate, Bond, Schoeneck & King 
2 CLE Credits Available through the Onondaga County Bar Association (Separate registration and fee required through OCBA)
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Business Entities in New York State (2010)
Presented by James Sonneborn, Esq., Principal, Head of Litigation Group, Bousquet Holstein PLLC 

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Standford v. Roche (2009)
Presented by David Rook, Special Counsel, Hoffman Warnick LLC.

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Hurdles in Managing R & D Projects (2009)
Presented by Richard Newman, Former Adjunct Professor of Law, Syracuse University; Retired VP for Research, Welch Allyn 

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New Developments in Patent Law (2009)
Presented by George McGuire, Chair, Intellectual Property and Technology Practice Group, Bond, Schoeneck & King PLLC 

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Establishing First to Invent & Electronic Lab Notebooks (2009)
Presented by Lisa DolakAngela S. Cooney Professor of Law, Syracuse University College of Law

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