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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


Federal Circuit Rulings on PTAB

In two recent cases, the Federal Circuit has continued to uphold the authority of the Patent Trial and Appeal Board (PTAB) in regard to decisions about Inter Partes Review (IPR) under the America Invents Act (AIA). In Ethicon Endo-Surgery Inc. v. Covidien LP, the patent owner argued that the PTAB is without authority to decide whether an IPR proceeding under the AIA could be instituted, asserting that Congress intended only the director of the USPTO to do so. The Federal Circuit panel disagreed, and ruled that it is appropriate for the USPTO director to delegate that authority to the PTAB. In the Harmonic Inc. v. Avid Technology, Inc. case, the Federal Circuit ruled that it cannot review the PTAB's decision about the grounds it approves for review. For more information about the PTAB proceedings see webcasts by Professor Lisa Dolak and statistics from the USPTO PTAB.


The 227-year-old statute at the heart of the FBI's fight with Apple

On March 28th, the FBI dropped a court order compelling Apple to assist in unlocking the iPhone of one of the San Bernardino shooters. However, that leaves an interesting question about digital privacy and what companies are required to divulge. The FBI was basing their legal battle on a single line from the 227-year-old statute, the All Writs Act of 1789, that states, "The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." This legal argument is explored in an article on The Var Guy which features insights from Dr. Shubha Ghosh, director of Technology Commercialization Law Program.


USPTO Seeks Feedback for eMod Project

The USPTO eMod (eCommerce Modernization) Patent Center project is an effort to improve the electronic patent application process by modernizing and replacing the USPTO's eCommerce systems (EFS-Web and Private PAIR). The project aims to “enhance patent submission, review and management processes by improving user interfaces, increasing functionality, and updating infrastructure.” Additional information regarding the USPTO eMod Patent Center Project can be found on their website.


Patent Agent Privilege Recognized by Federal Circuit

The Federal Circuit has ordered the district court to withdraw an order compelling discovery of communications with non-attorney patent agents, effectively recognizing “patent agent privilege” with the limitation that the privilege only applies “to the extent that communications fall within the patent agent’s scope-of-practice ‘as authorized by Congress.’” To learn more about this decision and its implications, read here.


2016: Developments in Intellectual Property Law You Should Know About: USA, Canada, China, European Union, Global

The realm of intellectual property will continue to transform in 2016, especially in the European Union (EU) and United States. Developments in the United States include courts and the USPTO weighing in on free speech versus disparaging remarks under the Lanham Act and widely-used phrases. To read more about recent and ongoing developments in intellectual property around the globe, read this article.


Around New York State


FUZEHUB NY Solutions Forum

FUZEHUB NY’s Solutions Forums are half-day events held across New York State that are free to New York manufacturing companies. Registered participants are able to consult with business and technical experts to analyze, problem-solve and identify potential solutions that may assist them with their specific company needs or goals. The most recent forum took place on Tuesday, March 29 at the CIMS Conference Center at the Rochester Institute of Technology. Click here to learn more about the FuzeHub events.

Educational Opportunities


Lab-to-Market Spring Webcasts on Upcoming Supreme Court IP Cases

On March 31, the New York State Science & Technology Law Center is hosting a webcast on infringement litigation. Dr. Shubha Ghosh, the new Crandall Melvin Professor of Law at Syracuse University College of Law and director of Technology Commercialization Law Program, will be presenting from 1 p.m. to 2:15 p.m. Ghosh will review recent developments in the Halo Electronics v. Pulse Electronics and Stryker Corp v. Zimmer, Inc. cases, which consider the standard by which damages are assessed for willful infringement. The webcast is free but registration is required. To keep up with future webcast dates and view older ones, please check our webcast page.

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