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Innovation e-Review

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 Law Watch


Ramifications of Supreme Court's Alice v. CLS Bank Ruling

Since the Supreme Court decided Alice v. CLS Bank in June, lower courts have invalidated a lot of software patents. Some speculate that the decision might even be responsible for the increased number of rejected business method patents, the type of software patents at the heart of Alice v. CLS Bank. Those considering filing for software patents should pay close attention to this trend.

When the Supreme Court decided Alice v. CLS Bank, it provided abstract reasoning for invalidating Alice Corp.’s software patent, but left the door open for other software patents. However, the increase in patent invalidation rulings appears to be deterring patentees from filing suit, as evidenced by a drop in new patent case filings in September.


USPTO and State Intellectual Property Office of China Launch Service Easing Pursuits for Global Patent Rights

This month, the USPTO and the Intellectual Property Office of China (SIPO) launched a new service to streamline the patent prosecution process and reduce costs for businesses that want to pursue patent rights globally. The “Trilateral Document Access (TDA) Web Services” platform securely facilitates the direct electronic exchange of patent application documents between the two offices.


The Problems with Silicon Valley's Anti-Patent Movement

One major problem with the discussion of patent litigation abuse is that the term “patent troll” has evolved to describe anyone that institutes a lawsuit alleging patent infringement. The statistics show that number of patent infringement lawsuits have been on the decline. What is to blame for this misconception? Some commentators characterize elite Silicon Valley companies, such as Google, as promoting anti-patent propaganda. However, recently, the Partnership for American Innovation (PAI) has been making efforts to combat the anti-patent propaganda.

patent search

Two New Webcasts on Patent Issues

Lisa A. Dolak, Angela S. Cooney Professor of Law at Syracuse University College of Law, presented two webcasts this year on new developments in patent law. The first webcast is a review of the recent Supreme Court rulings related to patents and highlights the implications for patent applicants, owners and challengers. The second webcast provided information on the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) contested proceedings. These trial-like review proceedings were implemented with the American Invents Act (AIA) and provide significantly increased opportunities for challenging the strength of a U.S. patent. Professor Dolak focused her webcast on some of the important lessons for both patent challengers and owners that have been revealed by decisions of the PTAB.


International Meeting on IP Trends Driving Business Innovation

What are the IP trends driving business innovation? This was a topic of discussion at the October meeting of the Federal Circuit Bar Association in Geneva, Switzerland. The meeting included the World Intellectual Property Organization, the World Trade Organization and the European Patent Office.

The importance of innovation was reiterated by industry leaders as well as the need for a strong, balanced global IP system with which to conduct global business was emphasized. The agenda can be viewed here.


Around New York State


START-UP NY Program Continues to Expand

It was recently announced that the University at Albany, University at Buffalo, Cornell University, SUNY Downstate Medical Center, University of Rochester, and Stony Brook University will sponsor 17 businesses through the START-UP NY program. According to a press release from Governor Andrew M. Cuomo’s Office, the total number of businesses participating in START-UP NY including these is up to 41 and represents 1,750 new jobs and approximately $77 million in investment.


Stony Brook University Incubator Promotes Cleantech Industry Growth on Long Island

The New York State Energy Research and Development Authority (NYSERDA) supports numerous initiatives across New York, including six clean-energy business incubators. One of the six, the Clean Energy Business Incubator Program (CEBIP) at Stony Brook University, has played an important role in growing the clean tech industry in the region.


Construction Begins on Southern Tier High Technology Incubator

Early October marked the beginning of construction on the Southern Tier High Technology Incubator in downtown Binghamton. Southern Tier High Technology Incubator, Inc., a non-profit organization affiliated with Binghamton University, will manage the incubator and the facility is included in Binghamton University’s plan for START-UP NY. The $19 million facility will house up to 12 companies and is expected to be completed in fall 2016.

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