Entries by Daryl Lim

IPWatchdog | Thanksgiving Feature

Every #thanksgivingweek IPWatchdog, Inc Editor-in-Chief Eileen McDermott curates a special post featuring reflections on what the IP community is thankful for. Here’s mine. You can read Eileen’s full post here: https://bit.ly/3rhn0Pa

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I am thankful for a rare consensus between pharma and tech – that patents rules governing artificial intelligence are sound. George Mason University – Antonin Scalia Law School Center for Intellectual Property x Innovation Policy’s Virtual 2021 Annual Fall Conference focused on the interface between #artificialintelligence and #intellectualproperty.

Panelists from biopharma companies like Novartis and Genentech on one panel, and from Google on another, shared the view that current patent rules supported AI innovation. These two industries have vastly different business models and deeply divided views on patent law and policy. Those views had stumped #patenteligibility reform.

Had either side been dissatisfied with the status quo on AI, they could have lauded developments elsewhere, including recent ones in South Africa and Australia, as pointing the way forward here in the United States. Notably, they did not. Industry consensus gives the government guidance and the time and space to consult widely, as the USPTO has done on AI, and to make balanced and carefully considered adjustments where needed. That is as it should be.

Congratulations | Peter Yu!

Delighted to see Professor Peter Yu honored for his scholarship. He serves on our advisory board and has been unstintingly generous with his time, wisdom, and support. Kudos to Professor John Cross for a thoughtful tribute to someone worthy of our admiration, respect, and affection. Here’s an excerpt of John’s essay, with a link to his full work below.
“I congratulate The University of Chicago Law Review for selecting Peter Yu as one of the scholars to honor in this edition. The honor is undoubtedly well-deserved. Peter has had an indelible impact on the intellectual property law debate for many years, and his work will continue to have an impact far into the future. Other scholars would do well to try to follow his example by producing a high-quality body of diverse scholarship presented in a careful and compelling fashion. While doing so will not be easy—indeed, it is almost impossible to produce a body of work as large as Peter’s—it is a goal worth pursuing”
Essay: https://bit.ly/3ceSywz
Table: https://bit.ly/3Hs5RIf
Texas A&M University School of Law University of Illinois Chicago School of Law

37th Annual Meeting | US Bar-EPO Liaison Council

I had the privilege of participating as a delegate of the 37th Annual Meeting of the US Bar-European Patent Office Liaison Council. Raymond Moser Jr. led the delegation as Council President. We had a frank and wide-ranging discussion covering initiatives on the EPO’s initiatives and developments, including the Unitary Patent and Unified Patent Court.

Nov. 4 & 5 | Competition Law

In the lead-up to our 65th #iplaw conference which starts tomorrow, I will be highlighting our panels. Below are details of our competition law panel. Hope to see you there!

https://lnkd.in/d6aFSgtC

Topics include:
• Antitrust/IP in the Biden administration: What can we expect?
• Trademark enforcement in online marketplaces: Lessons learned from 1-800 Contacts
• Pharmaceutical antitrust issues: What’s next for pay-for-delay and beyond?
• Antitrust fines in copyright license negotiations: Is this a trend?
• Content and Competition: Global platform liability laws and their impact on the future of online speech

Moderator/Panelist:
Suzanne Munck (Davis Polk)
Panelists:
Carlos Eduardo de Aboim (Licks)
Tobias Hahn (Hoyng Rokh Monegier)
Milan Kristof (CJEU)
Michele Lee (Pinterest)
Anu Sawkar (Federal Trade Commission)

Nov. 4 & 5 | Trademarks

In the lead-up to our 65th #iplaw conference which starts tomorrow, I will be highlighting our panels. Below are details of our trademark panel. Hope to see you there!

https://lnkd.in/d6aFSgtC

Topics include:

· What is the Shop Safe Act and what’s its status? Has it changed since last year? Who supports it and who opposes it? Prospects for passage?

· What are the implications of Belmora LLC v. Bayer Consumer Care AG for the protection of well-known marks?

· What does Comfort Corp. v. Baxter International Inc. contribute to the initial interest confusion doctrine?

· Rogers v. Grimaldi cases that change or revise the original test are a regular occurrence in trademark law. Where are we now? Just how many Rogers tests are there?

· It’s been two years. How to we evaluate Iancu v. Brunetti now?

· What are the issues in Kaisha v. Lotte Int’l Am. Corp., 2021 U.S. App. LEXIS 7026, No. 19-3010 (3d Cir. March 10, 2021). Should the Supreme Court grant cert? If so, should the Court affirm or reverse? What should the Court say?

· New trends in #badfaith trademarks in #China.

Moderator/Panelist:

William K. Ford (University of Illinois Chicago School of Law)

Panelists:

Marshall Leaffer (Indiana University Maurer School of Law)

Yongjian Lei (WANHUIDA INTELLECTUAL PROPERTY)

Yvette Liebesman (Saint Louis University School of Law)

Amy Ziegler (Greer, Burns & Crain, Ltd.)

Nov. 4 & 5 | AI

In the lead-up to our conference this week, I will be highlighting our panels. Here’s our panel on #AI. Looking forward to it!
https://ipconference.law.uic.edu/
Topics include:
· How IP offices view AI⁠—as inventions, for inventions, and in examining inventions.
· #dataprivacylaw and AI
· WIPO’s AI initiatives.
· Computational antitrust.
· Implications of EU #digitalregulation on AI activity.
· Potential practical examples of when it matters when a human vs. AI was Involved in an innovation/Use.
Moderator/Panelist:
Simon Chesterman (NUS Law)
Panelists:
Yi Fang (Nreal)
Kate Gaudry (Kilpatrick Townsend)
Jerry Ma (United States Patent and Trademark Office)
Prof. Dr. Peter Georg Picht (University of Zurich)
Thibault Schrepel (Vrije Universiteit Amsterdam (VU Amsterdam))
Dr. Ulrike Till (World Intellectual Property Organization – WIPO)

Nov. 4 & 5 | Global IP Issues

In the lead-up to our conference this week, I will be highlighting our panels. Here’s our panel on “Global IP Issues.” Looking forward to it!

https://ipconference.law.uic.edu/

Topics include:

· IP & popular culture: #US fair use and lessons from #Singapore’s legislative amendments.

· The process and result of EU copyright harmonization and the role of the Court of Justice of the European Union.

· Toward a global FRAND solution.

· The World Trade Organization waiver and COVID19.

· Recent innovation and IP policies in #China, their impact on companies and scientists.

Moderator/Panelist:

Mark Cohen (University of California, Berkeley – School of Law)

Panelists:

Dr. Ashish Bharadwaj (O.P. Jindal Global University)

David Tan (NUS Faculty of Law)

Eleonora Rosati (Stockholms universitet)

Runhua Wang (University of Science and Technology Beijing)

Nov. 4 & 5 | Standard Essential #Patents

In the lead-up to our conference this week, I will be highlighting one or two panels a day. Here’s our panel on “Standard Essential #Patents.”

https://ipconference.law.uic.edu/

Topics include:

• Anti-suit injunctions: Time for a global #FRAND tribunal?

• FRAND/licensing in the value chain.

• SEP and FRAND: European developments.

• SEPs and connected vehicle supply chains.

• Wilder and Kanter and where the Biden DOJ Antitrust Division may be going.

Moderator/Panelist:

Cordula Tellmann-Schumacher (ARNOLD RUESS)

Panelists:

Ken Adamo (Law Office of Kenneth R. Adamo)

Detlef von Ahsen (KUHNEN & WACKER IP Law Firm)

Jorge Contreras (University of Utah S.J. Quinney College of Law)

Dave Djavaherian (PacTech Law)

Steven Geiszler (Huawei)

Nov. 4 & 5 | Thank you, sponsors and institutional partners!

In the lead-up to our 65th Annual IP Law Conference, I want to take a moment to say a special “thank you” to our sponsors and institutional partners. We appreciate your support and encouragement. Your partnership with our conference makes it even better. https://ipconference.law.uic.edu/

Nov. 4 & 5 | The Federal Circuit in Review

In the lead-up to our conference this week, I will be highlighting one or two panels a day. Here’s our panel on “The Federal Circuit in Review.”

https://ipconference.law.uic.edu/

Topics include:

o Procedure and Structure in #Patent Institutions

o The impact of Arthrex

o Discretionary denials under NHK-Fintiv

o Avoiding the Patent Trial and Appeal Board via forum selection

o Bio-Rad Laboratories v. U.S. International Trade Commission and ownership disputes in patent challenges

o Patents and Health

o Hatch-Waxman developments and the PTAB’s impact on drug patents and generic entry

o GSK v. Teva Pharmaceuticals and skinny labeling

Moderator/Panelist:

Saurabh Vishnubhakat (Texas A&M University School of Law)

Panelists:

Jim Adduci (Adduci, Mastriani & Schaumberg LLP)

Tiffany Gehrke (Marshall, Gerstein & Borun LLP)

Laura Lydigsen (Crowell & Moring LLP)

Adam Mossoff (George Mason University – Antonin Scalia Law School)

Stefani Smith (TENSEGRITY LAW GROUP LLP)