Articles

Finding Stability in Today’s Automotive and Transportation Industry

Written by: Jonathan H. Spadt There are many significant social and technological phenomena converging on the transportation industry which are permanently redefining it.  Environmental awareness and concerns over climate change are driving new technologies in electric mobility.  Shared digital platforms and improved data flows allowing for ride sharing and new forms of fleet management are […]

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Industry / Academic Collaboration – Stronger Together

Written by: Jonathan H. Spadt There has been a fundamental change to the research model about every 80 years since the founding of the United States in 1776.  Research and development was almost exclusively driven during the industrial revolution by private sector investment.  Then from 1862 to the outbreak of World War II, federally supported […]

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Maximizing the Impact of Cross-Disciplinary Collaboration in the 21st Century

Written by: Jonathan H. Spadt Leaders today understand that the best outcomes are the result of informed decision making.  But what exactly constitutes “informed”?  Is a decision “informed” when it is based on empirical evidence?  Is it informed when it is based on multiple viewpoints?  Can a decision be informed if it disregards certain information […]

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A Rational Approach to Corporate Decision Making in Today’s World

Written by: Jonathan H. Spadt The current level of disruption to established frameworks in trade, economics and intellectual property law is unprecedented.  Making business decisions in today’s geopolitically unstable environment requires a controlled, analytic approach that focuses only on the most important variables and outcome determinative factors.  But how does a decision maker assess which […]

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Helsinn’s Law of Unintended Consequences: Avoiding Loss of Patent Rights in the Post-AIA Era

This article first appeared in the July 31, 2019 edition of the Legal Intelligencer. Written by: Glenn E. J. Murphy The law of unintended consequences pushes us ceaselessly through the years, permitting no pause for perspective.  – Richard Schickel Lawmakers who interfere with commerce and the normal creation of jobs in an economy run the […]

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The EPO and the Rule of Law

Written by: Friedrich Scheele Like other large towns in the world, Munich is surrounded by a number of smaller cities or villages, known as the Munich Area, offering living in the beautiful countryside of Oberbayern and working in the urban area of Munich or vice versa. One of the nicest locations is the municipality of […]

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Continental Makes a Big Splash in the Connected Car Patent Pool over OEM-Only Licensing Practices

Written by: Brett J. Rosen In a bombshell 63-page complaint filed in the Northern District of California this month, Continental Automotive Systems (Continental) alleged that Avanci, Nokia and others operating patent pools in the connected car space refused to offer fair, reasonable, and non-discriminatory (FRAND) licenses to automotive component and system suppliers. Here is a link […]

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Practical Pointers for Computer-Implemented Functions under Section 112

Written by: Sunjeev S. Sikand This article first appeared in the May 29, 2019 edition of the Legal Intelligencer. On Jan. 7, 2019, the Patent Office issued further guidance on the application of 35 U.S.C. § 112 during examination of computer-implemented functional claim limitations (112 Guidance).  84 Fed. Reg. 57.  At the same time, the Patent […]

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Managing IP So the ‘First Sale’ Is Not the ‘Last Nail’

Written by: Rex A. Donnelly This article first appeared in the April 2, 2019 edition of the Legal Intelligencer.   Numerous opportunities and pitfalls lay in wait along the path to launching a new product. Integrating IP into the design process from an early stage is critical. Your company is excited to launch a new product—the […]

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Guidance Regarding a Standing Requirement for IPR Appeals in 2 Recent Pharma Cases

Written by: James Matthew Gould This article first appeared in the March 28, 2019 edition of the Legal Intelligencer – IP Supplement.  Thanks to recent decisions by the U.S. Court of Appeals for the Federal Circuit (CAFC), we have clarity that both requirements must be met to appeal an adverse final written decision issued during […]

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