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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/Regulatory Law Watch

TPP logo

Trans-Pacific Partnership Trade Deal is Reached

After nearly eight years of negotiations, officials have reached a deal regarding the controversial Trans-Pacific Partnership. The aim of the deal is to link trading partners including Japan, Vietnam, Australia, Canada, Mexico, Chile, and Peru with the United States as a counterweight to China’s commercial dominance in the Pacific region. Details of the agreement are expected to include US patent standards, e-commerce, financial services, and a set common standards in various industries for 40% of the world’s economy. The trade agreement, said to be the largest since 1994’s North American Free Trade Agreement, still faces major hurdles – Congress and TPP countries must also approve the deal, which could potentially lead to months of congressional battling.

FAA logo

Drone Registration Requirement Announced

On October 19, the Department of Transportation announced it was creating a task force to advise on a registration process for Unmanned Aircraft Systems (UAS) or drones. The Federal Aviation Administration (FAA), which has authority over American civil aviation, has frequently received reports about unsafe UAS operations. The FAA hopes that requiring registration for the unmanned aircraft will help ensure operators are aware of rules relating to UAS and increase accountability. The task force will be composed of 25 to 30 representatives from various stakeholder groups including the aviation industry and government. They may also make additional safety recommendations it deems appropriate and are directed to deliver their report by Nov. 20.

Supreme Court

Supreme Court will Review Standard for Willful Patent Infringement

Technology-based companies are well-advised to vigilantly monitor their intellectual property for infringement issues. Infringement litigation is time-consuming and expensive, and can result in crippling damage awards. A finding of willful patent infringement can triple the amount of the damage award under 35 U.S.C. §284. 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. Patent owners argue that the standard for proving willful infringement in patent cases is overly rigid, making it difficult to recover enhanced damages.


Around New York State

NY Gov logo

$39.2 Million in Economic Development Funding Approved for 34 Projects Across NYS

Governor Andrew M. Cuomo approved $39.2 million in economic development funding for 34 projects that are spurring growth and opportunity across the state. The funding, approved by Empire State Development’s Board of Directors, supports projects that are creating 233 new jobs and retaining 1,589 existing New York State jobs – many of which have already been created or retained. This funding will also leverage $338.6 million in private assets and other public funding to support local businesses and projects that are building a strong foundation for future economic growth and job creation. Central New York companies that will benefit from the funding include the Syracuse Community Hotel Redevelopment, Marquardt Switches Global Technology Center, and Southern Graphic Systems.

PSW logo

Rochester Pre-Seed Workshop

High Tech Rochester is hosting a Pre-Seed Workshop at the University of Rochester. Pre-Seed Workshops are usually two full days of sessions that are designed to quickly assess new technologies, identify market opportunities, and develop a commercialization strategy. Participants include “Idea Champions” who are researchers, inventors, or entrepreneurs with an idea they would like to form a business around, as well as volunteers from the community with experience in law, business management, product development, and other technology commercialization areas. Teams form around each “Idea Champion” as they work through the Pre-Seed Workshop material to solidify a business idea and evaluate its potential. Over 100 new companies that have participated in the two- and half-day workshop have secured over $50 million in the past five years. To learn more, visit htr.org/pre-seed-workshop.

FDA Guidebook

NYS STLC Publishes FDA Guidebook

Inventors and researchers traditionally have a strong command of the science and engineering required to develop a new product. However, products intended for medical purposes, like drugs and medical devices, and substances for use in food are regulated by the Food and Drug Administration (FDA). Often inventors and researchers are not familiar with the FDA’s approval and oversight procedures which can leave them under-equipped to pursue the expensive time commitment necessary to bring a product to market. James Zino, project advisor at the NYS STLC, has compiled a guidebook to address some of the common questions and procedures that companies with drugs, medical devices, and substances for use in food will encounter during the early regulatory process. Topics include the difference between a drug and a device, how to determine the classification of a medical device and submit a device for approval, an overview of the investigational new drug process, an explanation of the over-the-counter drug monograph system, and GRAS policy.

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