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The Innovation Review is the New York State Science & Technology Law Center's monthly newsletter, bringing information on a variety of economic, business, and technology related legal news as well as highlighting and profiling resources and events across the state.

IP/Regulatory Law Watch

Supreme Court to Review Patent Cases

October signifies a new term for the Supreme Court. There are four intellectual property cases to look for. They are titled: Promega Corp. v. Life Technologies Corp., Samsung Electronics Co. v. Apple, Inc., Star Athletica, LLC v. Varsity Brands, Inc., SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC. A summary of the cases can be found here. On October 11, the Court heard oral arguments in Samsung v. Apple, a closely watched case involving how to calculate damages for infringement of a design patent. For more information on the Samsung v. Apple case, see the article written by Shubha Ghosh.

How the U.S. Presidential Election Could Impact IP Law

Each presidential candidate has a unique take on IP law and policy. Both Hillary Clinton and Donald Trump have referenced patent law during their campaign, but not harmoniously. Clinton’s view on the America Invents Act is a favorable one, whereas Trump’s stance on IP law is less clearly outlined. An overview of their differing views on IP policy recommendations are discussed here.

Europe’s New Copyright Law

The European Commission are both controversial and highly criticized. The updated guidelines would make it easier for video-on-demand services (VOD) to transmit programs across the entire EU; strengthen online copyright protection for journalists and newspaper and magazine publishers; and introduce stricter oversight requirements for online platforms like YouTube. The new laws are meant to update a set of outdated rules. The proposal has been highly criticized.

What Is the Deal with Design Patents?

Many inventors are wary to file a design patent, despite the patent’s proven success. Design patents are often cheaper and easier to acquire so some believe that they are less useful than more expensive utility patents. According to the USPTO, utility patents are “issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement,” whereas a design patent is “issued for a new, original, and ornamental design embodied in or applied to an article of manufacture.” Recently, more people are paying attention to design patents. Gene Quinn, founder of IPWatchdog.com, provides inventors insight into the world of design patents. See also the Samsung v. Apple article.

Set Top Box: A Thing of the Past?

The FCC has proposed a law that will require traditional TV providers to offer their content via third-party devices and apps in order to address the high cost of set top boxes that consumers currently buy into. There has been wide consternation surrounding this new rule since it will significantly affect pay-TV operators, as well as tech and media industries. The potential for copyright infringement is another concern voiced about the proposal.

Around New York State

UTM Convention 2016

From November 8th to 10th, the UTM Convention will be held at the Oncenter in Syracuse, NY and Griffiss International Airport in Rome, NY. This convention will include expert panelists and keynote briefings from NASA on technical capability level (TCL) demonstration 2, which industry collaborators will participate this October. Learn how UTM leaders from the FAA, NASA, and international ANSPs are collaborating to rework the global airspace by attending. To see the full agenda, visit the website.

Western New York Image and Signal Processing Workshop

On November 18th, from 9am-5pm, the 19th annual Western New York Image and Signal Processing Workshop (WNYISPW) will be held at Rochester Institute of Technology. This workshop is a venue for promoting image and signal processing research in our area and for facilitating interaction between academic researchers, industry researchers, and students. The workshop comprises both oral and poster presentations. For more information, click here.

Educational Opportunities

Lab to Market Webcast: Blurred Lines

On October 19, Professor Shubha Gosh moderated a conversation between Sean O'Connor , who is both the Boeing International Professor of Law at University of Washington School of Law, and a musician, and Lateef Mtima, Founder and Director of the Institute for Intellectual Property & Social Justice. The subject matter at hand was copyright law, specifically in relation to the Blurred Lines case between the Marvin Gaye Estate and Pharrell Williams and Robin Thicke. A recording of the webcast is posted in the webcast section of the NYS STLC website.

Client Spotlight

Asana Medical Inc.

Asana Medical Inc. is an emerging life sciences company based in Buffalo that was a 43 North competition winner. It is a regenerative medicine company focused on developing tissue engineered therapies for the treatment of Inflammatory Bowel Disease (IBD) and other GI diseases. On October 4, Asana Medical Inc. announced positive results from its preclinical trial of its Extra Cellular Matrix Hydrogel (ECMH) technology for the treatment of Inflammatory Bowel Disease. The study was conducted at the University of Pittsburgh's McGowan Institute for Regenerative Medicine and results were published online in the Journal of Crohn's and Colitis. The next step for the company on its path to commercialize the ECMH technology is to complete clinical trials that test the technology in people. For more information on Asana Medical Inc., visit its website.