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Intellectual Property

Are Patents Under Attack in the Supreme Court? - Event Audio/Video

Fourth Annual Executive Branch Review Conference
John F. Duffy, Michael R. Huston, Adam Mossoff, Jeffrey B. Wall, Randall R. Rader May 20, 2016

As Congress debates controversial patent legislation that some say will undermine patent rights, has the U.S. Supreme Court been steadily eroding the scope and enforceability of patents for the past decade?  The Supreme Court has made it easier to invalidate patents because an invention is “obvious,” not specific enough, or an “abstract idea.”   The Court has also made it more difficult for patent owners to stop or “enjoin” ongoing infringement of their rights and riskier to assert their rights in court. Is the Supreme Court striking the right balance or is it undermining an important property right?

This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Prof. John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law
  • Mr. Michael R. Huston, Gibson, Dunn & Crutcher
  • Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar, Center for the Protection of Intellectual Property, Antonin Scalia Law School, George Mason University
  • Mr. Jeff Wall, Sullivan & Cromwell
  • Moderator: Hon. Randall R. Rader, The George Washington University

The Mayflower Hotel
Washington, DC

Regulatory Barriers to Innovation - Event Audio/Video

Fourth Annual Executive Branch Review Conference
Krishna Juvvadi, Clark Neily, John O'Neill, Peter Pitsch, Maureen K. Ohlhausen May 20, 2016

American technological innovation has given birth to entire new segments of economic activity. The sharing economy alone has given rise to a new class of entrepreneurs, where web platforms enable companies like AirBnB and Uber to allow the peer-to-peer sharing of houses, cars ... even lawn mowers. Connectivity and big data is driving the Internet of Things revolution, where ideas once only seen in science fiction movies (think self-driving cars) may soon become an everyday reality. And all of these innovations have been made possible thanks to the Internet, which, until recently, has benefitted from a light regulatory touch.

Unfortunately, federal and state agencies have not always welcomed innovation and disruption, even when it enhances overall consumer welfare. What can be done to embrace innovation and American leadership? What role should the state and federal governments play as new economies continue to take shape? What role should the FTC play? How will the FCC's current Net Neutrality rules impact growth? These and other issues will be explored.

This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Mr. Krishna Juvvadi, Senior Counsel, Uber Technologies, Inc.
  • Mr. Clark Neily, Senior Attorney, Institute for Justice
  • Prof. John O'Neill, Director, School of Hospitality Management, Penn State
  • Mr. Peter Pitsch, Associate General Counsel and Executive Director of Communications Policy, Intel Corporation
  • Moderator: Hon. Maureen Ohlhausen, Commissioner, Federal Trade Commission

The Mayflower Hotel
Washington, DC

Address by Senator Deb Fischer - Event Audio/Video

Fourth Annual Executive Branch Review Conference
Deb Fischer, Maureen K. Ohlhausen, Dean A. Reuter May 20, 2016

United States Senator Deb Fischer of Nebraska delivered this address at the Fourth Annual Executive Branch Review Conference on May 17, 2016.

Featuring:

  • Hon. Deb Fischer, United States Senate, Nebraska
  • Intoduction: Hon. Maureen Ohlhausen, Commissioner, Federal Trade Commission
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

The Mayflower Hotel
Washington, DC

Cuozzo Speed Technologies, LLC v. Lee - Post-Argument SCOTUScast

SCOTUScast 5-12-16 featuring Gregory Dolin
Gregory Dolin May 12, 2016

On April 25, 2016, the Supreme Court heard oral arguments in Cuozzo Speed Technologies, LLC v. Lee. In 2011 the America Invents Act created an expedited procedure, known as inter partes review, to provide a cost-effective alternative to litigation for resolving certain challenges to patent validity. The Patent Trial and Appeal Board, contained within the U.S. Patent and Trademark Office (PTO), hears these disputes rather than a federal district court. When construing patent claims, the Board applies a “broadest reasonable interpretation” standard rather than the “plain and ordinary meaning” standard typically applied by federal courts. 

Here, Cuozzo Speed Technologies, LLC. (Cuozzo) owns a speed limit indicator patent. Garmin International, Inc. (Garmin) petitioned the Board for inter partes review (IPR) of claims regarding the patent. The Board found that certain claims were unpatentable, and denied Cuozzo’s request to replace those claims with several others. Cuozzo appealed the Board’s decision to the U.S. Court of Appeals for the Federal Circuit, which (1) held that it lacked authority to review the PTO’s decision to institute IPR, and (2) affirmed the Board’s final determination, finding no error in its application of the “broadest reasonable interpretation” standard.

There are two questions before the Supreme Court: (1) Whether the Federal Circuit erred in holding that the Board may, in IPR proceedings, construe claims according to their broadest reasonable interpretation rather than their plain and ordinary meaning; and (2) whether the Federal Circuit erred in holding that, even if the Board exceeds its statutory authority in instituting an IPR proceeding, the decision to institute the IPR proceeding is judicially unreviewable.

To discuss the case, we have Gregory Dolin, who is Assistant Professor of Law and Co-Director, Center for Medicine and Law at University of Baltimore School of Law.