IPWatchdog, Inc’s longest-running industry insider feature is its annual “wishes” article. My two wishes for 2021 are:
1) That the United States can re-engage the world on IP issues.
2) That courts and agencies embrace AI in adjudication
http://bit.ly/2Xe5Guo
For my reflections on 2020, see http://bit.ly/2L2KNQl. For my predictions on 2021 see http://bit.ly/2L6NDDZ.
We may see continued seepage of geopolitics woven into IP disputes, particularly over critical technologies, making complex legal disputes even more challenging to resolve.
The US also needs a new framework to meaningfully reengage the world on IP issues in a post-Trans-Pacific Partnership (TPP)and Comprehensive and Regional Comprehensive Economic Partnership (RCEP) world.
I share my thoughts with IPWatchdog in “What to Watch in 2021: IP Stakeholders Offer Predictions and Thoughts for the New Year” http://bit.ly/3pIqxCh
IPWatchdog asked for my views on what mattered when it came to IP in 2020.
First, the willingness of national courts to declare global FRAND terms will exacerbate the rash of anti-suit injunctions and anti-anti-suit injunctions seen in FRAND litigation this year. A détente is possible, but the solution needs to be comprehensive, collective, and commercially sensible. WIPO can play a central role in this effort.
Second, the tide turned in 2020 in favor of antitrust defendants in cases involving standard essential patents. Qualcomm effectively excludes antitrust law from FRAND disputes, for now, leaving implementers to find succor in patent and contract law. Patent misuse and exhaustion may have new avenues for doctrinal expansion. Implementers and owners should study them carefully.
Third, the world made significant progress articulating where AI fits into IP doctrine and where it does not, but the devil remains in the details.
Looking forward to joining colleagues from industry, practice, and academia from across the country to discuss Jonathan Barnett (USC)’s new book, “Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property,” which will be released in 2021. Glad to see it is already the #1 new release in patent law on Amazon!
As we round out 2020, I shared my thoughts on how AI might help revolutionize antitrust law, as well as the challenges involved in doing so with Competition Policy International Antitrust Chronicle. Glad to join a list of respected colleagues and friends in reflecting together on the future of IP licensing.
You can read my article here:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3753624
Here’s Runhua Wang’s fourth installment reporting on the proceedings of our 64th Annual IP Law Conference at UIC John Marshall Law School. This one features our “Legal Realism & IP” plenary: https://mp.weixin.qq.com/s/OUa7sPrl5IGRJK6oG2_c7w
Moderator:
Nicholas Groombridge (Paul Weiss)
Panelists:
Hugh Hansen (Fordham University School of Law)
Bill Kovacic (The George Washington University Law School)
Adam Mossoff (George Mason University – Antonin Scalia Law School)
Antony Taubman (World Trade Organization)
Annsley Merelle Ward (WilmerHale)
Non-Chinese readers can use the autotranslate feature on their browsers.
Thank you, Yumi for your meticulous, insightful, and balanced review of my recent study on the doctrine of equivalents.
Runhua Wang recently posted the third installment of her series reporting on the proceedings of our 64th Annual IP Law Conference @UICJohnMarshall.
This one reports on the plenary session titled “IP Law and Policy in 2020 – 2021” featuring the following panelists:
António Campinos (European Patent Office)
Dave Djavaherian (PacTech Law)
Hon. Andrei Iancu (US Patent & Trademark Office)
Hon. Kathleen O’Malley (US Court of Appeals for the Federal Circuit)
Hon. Shira Perlmutter (US Copyright Office)
Daren Tang (World IP Organization)
Non-Chinese readers can use the auto-translate feature on their browsers. https://mp.weixin.qq.com/s/ZA0bP5Ei55jCklrIBNfDFw
Pleased to share the “Legal Realism & IP” plenary session from our 64th Annual IP Law Conference.
Moderator:
Nicholas Groombridge (Paul Weiss)
Panelists:
Hugh Hansen (Fordham)
Bill Kovacic (George Washington)
Adam Mossoff (George Mason)
Antony Taubman (WTO)
Annsley Merelle Ward (Wilmer Hale)
Pleased to share the keynote and plenary on “The State of Patent Law & Policy: Views from the Top” from our 64th Annual IP Conference.
Moderator:
Gene Quinn (IPWatchdog)
Panelists:
Sir Christopher Floyd (Court of Appeal of England and Wales)
Hon. Klaus Grabinski (Federal Court of Justice (Bundesgerichtshof))
Hon. Paul Michel (ret.) (US Court of Appeals for the Federal Circuit)
Hon. Pauline Newman (US Court of Appeals for the Federal Circuit)
Kevin Noonan (MBHB)