Category North America

A Look Back: Challenges Of Open Access In 2017 (An Industry Perspective)

Suzanne Kavanagh writes: Over the course of the year, three issues repeatedly reared their heads as barriers to the successful implementation of Open Access: the burden of expected author OA expertise; the underutilization of metadata in the publication lifecycle, and the challenges posed to authors and institutions by one-off solutions. As the tenth Open Access Week draws to a close, with its focus on the concrete benefits of making scholarly research openly available, where have we gotten to in solving these problems and realizing the potential of OA?

Health Group Challenges Gilead Patents In The US On Grounds Of Lack Of Novelty

A health advocacy group today announced that it has challenged a set of United States patents for a hepatitis C medicine. The group says drug maker Gilead Sciences has obtained unmerited patents for sofosbuvir, blocking millions of US patients from affordable treatment.

In US, New Legal Ploy May Protect Bad Patents

It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.

Canadian Universities Not Contributing Enough To Neglected Health Needs, UAEM Report Says

The Universities Allied for Essential medicines (UAEM) evaluated 15 Canadian research-intensive universities on their contributions to biomedical research on neglected health needs, access to medicines, and education concerning access and innovation issues. The results show that for a number of those universities, this contribution is sub-optimal.

The Consequences Of Killing USPTO Patent Reviews

Does the US Constitution prohibit the USPTO from striking down issued patents? That question will be decided by the US Supreme Court later this term. Should the Court rule against the USPTO, it would dramatically alter the US patent system in favor of patentees, give a big boost to patent trolls, and damage innovation in the US. The ruling also would make the US an outlier among major industrialized countries – turning it into the only such nation where patents could not be challenged in administrative proceedings.

Moglen On Privacy And ‘The Machine’: This Is Not Over Yet

NEW HAVEN -- In an arresting presentation framed in a first-hand account of the creation of the early internet and focused on the hyper-sophisticated sensors we carry everywhere in the form of our smartphone, marking our every behaviour and element of our life for commercial and state use, Free Software legend and privacy advocate Prof. Eben Moglen gave a speech this week at Yale Law School on privacy, the "machine," and the jarring threat humanity is facing. There is at least one sign of hope, he said: the FreedomBox.

How USPTO Patent Reviews Became Imperiled

Initially, the lawsuit was widely viewed as a waste of time. The suit asserted a strained legal argument that already had been rejected twice by federal appellate panels, in 1985 and 1992. Yet this lawsuit, Oil States Energy Services v. Greene’s Energy Group, has now reached the US Supreme Court. So later this term, the high court will decide whether the US Constitution prevents the US Patent and Trademark Office from ever striking down issued patents.

Disparity In Access To Medicines Spurs “Humanitarian” Patent Licensing

“There are shameful access disparities around the world” to life-saving medicines, Harvard University Global Access in Action project Co-Director Quentin Palfrey said at a 26 September Center for Strategic and International Studies event in Washington, DC. And while some of the challenges to fuller access involve pricing, getting medicines to poorer countries or populations means overcoming the obstacles of insufficient research and development (R&D) incentives, access barriers and polarised politics, he said.

Four Stages To Monetizing A Patent Portfolio

 By Martin Bijman, Director, Intellectual Property Products , TechInsights Successfully pursuing the monetization of IP assets requires an accurate assessment of their value and position within the marketplace. Essentially, monetizing a patent portfolio includes four key steps: Developing an accurate…

US Firms Rush To File Patents Ahead Of Driverless Car Boom

The socioeconomic impact driverless cars are expected to have is often compared to that of the internet, or going further back in time, to the industrial revolution. As fleets of vehicles that pilot themselves approach commercial rollout thanks to developments in artificial intelligence (AI), machine learning, and other technologies; original equipment manufacturers are aggressively filing patents for their self-driving vehicle designs. These players include General Motors and its Cruise Automation subsidiary, German automotive supplier Bosch, Ford, which owns a stake in driverless car start-up Argo AI; and Google sister company Waymo.