California dreamin’

The Notre Dame Patent Law family at Half Moon Bay

The Notre Dame Patent Law family at Half Moon Bay

A post from our student blogger Megan

“California Love,” “California Dreamin,’” “California Girls,” “Like a California King,” and “Californ-I-Ay.” These are just a few of the dozens of songs that have been written about the thirty-first state admitted to the union. With so many songs written about it, there must be something special about California, and in fact, there is. Sure, there’s the beautiful topography, the pristine beaches, and the endless drops of sun all year round, but what else? The MSPL received an invitation from Notre Dame’s William K. Warren Foundation Dean of the College of Science, Gregory P. Crawford, to visit Silicon Valley for a full week to find out what really makes California unique. We learned that the Golden State is more than just a pretty place—it’s all about hard work, passion for what you do, and an effortless vibe of excitement.

Dean Crawford is relocating to California to launch a strong Notre Dame presence on the West Coast. After all, California boasts the second highest number of Notre Dame Alumni in the entire United States. But in addition to this fact, Notre Dame has solidly established itself as a competitive science, technology, and business university—three qualities that fit like a glove with NorCal’s high-tech atmosphere (think Google, Facebook, and a whole host of start-ups that have hit the area like a spontaneous meteor shower within the past decade and a half). Dean Crawford serves as a charismatic ambassador between the halls of gold and blue in Indiana and the glistening sunshine soaked techie industry in San Francisco. During a brief November, 2014 meeting with the MSPL, Dean Crawford shared his plans for the ND-CA alliance. A casual comment was thrown out suggesting that Dean Crawford host the class in California during the second semester of the program. Dean Crawford immediately jumped on board. Ten weeks later we boarded a plane and watched the frigid snow of South Bend disappear, touching down a few hours later in beautiful San Francisco on a warm Sunday afternoon.

The MSPL cohort visited multiple private law firms including Morrison Foerster, and companies such as Qualcomm and eBay. MSPL’ers also got to spend time with Notre Dame alums that are now living and working in NorCal. Tim Connors informally lectured to the group on the basics of venture capitalism and John McNelis discussed the life of a patent attorney. The week-long Cali trip included some fun events like a visit to Half Moon Bay and some of the best ice cream sandwiches we’d ever tasted in the Valley.

The California trip was fun, but perhaps the most surprising thing about Silicon Valley was the immediate rush of intoxicating intellectual satisfaction that the people of NorCal emanated. Everyone that we were introduced to from IP lawyers to tech-savvy engineers loved what they did, loved where they lived, and exuded an air of confidence and happiness. Silicon Valley, you see, is the land of the start-up. Some new businesses rise up and some don’t make it off the ground. But regardless of whether your venture makes it in this area, at least you tried. And you don’t stop there. You keep going until you do succeed.

I once had an undergrad geography professor who hailed from California and he told us time and time again, “everything you hear about California is true.” He was right. California is one of those rare places that not only looks beautiful on its surface, but is truly filled with inspiring people who have big dreams. It might sound cliché, but the exposure to such a unique area of the country has changed the way that I think. If you have an idea, chase it. If you succeed, great; if you fail, try again. But whatever you do, have the courage to do it, not just dream about it.

Tech Transfer and Patents: Observations at AUTM

My name is Cathi Kennedy and I am the program coordinator for the MSc in Patent Law. This week I’m attending the Association of University Technology Managers’ (AUTM) Central Regional Meeting in Indianapolis. Representatives from universities, law firms, and industry are here to exchange ideas, network, and learn about new trends and practices in the field.

Having neither a technical nor legal background, I am here to observe and absorb information and meet nice, very smart people who are interested in hearing about the MSc in Patent Law program.

Today’s first session was about the America Invents Act, which went into effect on March 16th. Two people on the panel were from the USPTO. They spoke to the new procedures and requirements surrounding the new act, and also about the AIA training and resources available for both new and seasoned patent examiners.

The other presenters were from law firms and a tech transfer office. They spoke about how the new act is changing the way patent applications are being written and prosecuted and took questions from the audience.

I also attended an interactive session on “Negotiating the Basics.” In this session, we broke out into groups in which half the took the side of the university and the other half played the role of the industry. Each side then had to go through the terms of negotiation on the technology for the Horseless Carriage from their perspective. The terms that were considered were scope, term, joint development, reps and warranties, consideration (payments), improvements, and enforcement of patent rights.

My half of the group represented the company side of the negotiation (although all the members of the group work for tech transfer departments). Panel representatives from a university tech transfer office and from a large biotech company then talked through each of the terms of negotiation from their viewpoint. It was interesting to see how each side ranked the terms’ importance and which areas were more contentious (consideration and reps and warranties for instance).

Tomorrow’s agenda: licensing opportunities from non-traditional sources, and trends and strategies for working with academia from the industry leader perspective.

Jury’s Out, and the Future of Technology Awaits

The nine jurors who will convene this week in the Apple vs. Samsung patent lawsuit may not know it, but their decision will likely have a profound impact on the shape (and many other features) of mobile technology to come.

According to the New York Times, if Samsung comes out on top, we should expect to see a lot more devices on the market with an unabashed likeness to the iPhone and iPad. Without any retribution handed down in a landmark case like this, it may be open season for imitators of Apple’s signature sleek, minimalist design.

As for the other outcome, the Times cites Christopher V. Carani, an intellectual property lawyer in Chicago: “I think what we’ll see is a diversification of designs in the marketplace if Apple wins.” Rather than face similar lawsuits, the burden will be on mobile manufacturers to make products of distinct design and functionality.

But experts say the verdict will likely be a mixed bag. The Times reports that Apple’s case for infringement of design patents—regarding the look of the devices—is weaker than that of their utility patents, which protect functional features. Experts say Apple will likely win-some, lose-some, and ultimately won’t come close to the 2.5 billion in damages they were seeking.

But how’s this for some juicy courtroom tidbits—evidence was presented in which a top-level Samsung executive expressed that the iPhone’s release gave their company “a crisis of design” and that using the iPhone compared to Samsung’s products was a difference like “that of Heaven and Earth.”

Ouch! How will it all shake down? We should know this week!

Patent Litigation Abuzz in Silicon Valley

It is no exaggeration to say that what’s stirring the pot in Silicon Valley right now isn’t the latest i-Gadget—it’s tech patents. Licensing intellectual property is a big money-maker out there, where something as intangible as an algorithm is often the hottest commodity. Protection of IP is the sign of the technological times—consider that a majority of the half-million patents applied for each year are tech-related.

And a behemoth tech-company like Google, which has quickly become a part of our everyday lives, (and profits very well from that fact), is not surprisingly taking the lion’s share of patent-related lawsuits.  Fresh from litigation with Oracle, a software company that claimed Android devices infringed on its Java programming, Google is now back in court with IP Engine, concerning the very web search algorithm that made Google, well, Google.

Because the 14-year history of this particular algorithm is perhaps more complex than how it works, here’s the IP Engine/Google fiasco in a nutshell according to Fast Company: in 1998 engineers Andrew Lang and Donald Kosak patented an algorithm that allowed search engines to scour the web and filter the results. While the patent was bought and sold since, it is now owned by IP Engine, who claims Google and other companies like AOL have used the algorithm and therefore owe a royalty. Given that Google alone makes 38 billion annually, a mere fraction of that would be a tidy sum.

As is common with many patent lawsuits, the devil is in the details, or in this case, the definitions. “Scanning” is the term in question—whether it refers to the traditional hand-visor surveying to pick out a particular thing, or the more technical method of “spidering” that is the M.O. of many a search engine.

This is, of course, just the groundwork being laid out as the case goes to trial. We’ll have more for you as the drama unfolds.