IPWatchdog: Predictions for 2020
IPWatchdog ran a “crystal ball” edition on January 1 featuring industry predictions on the big trends to watch in 2020. Here were my top three:
1. The Section 101 Endgame: Catalyzed by judicial and/or congressional action, we will see parties moderating their expectations on the Section 101 impasse similar to what we saw, and continue to see, with parties involved in the smartphone wars.
2. The Ninth Circuit will decide FTC/Qualcomm narrowly The decision may nonetheless revive views animating the Ninth Circuit’s 1997 Kodak opinion on refusals to license. This view, if adopted, will bring the U.S. closer toward the EU’s “abuse of dominance” standard at the IP-competition interface and encourage more robust antitrust intervention of licensing practices, particularly when imposed by patent owners of FRAND-encumbered technology.
3. Courts will hear their first AI cases Most courts will likely defer to Congress or fall back on first principles. A few bolder judges will attempt to reconcile the traditional IP framework with the emerging reality of machine-centric innovation, creativity, and brand protection.
Full post here: http://bit.ly/2ZGe5ap
