Thought Leadership

Intellectual Property Report

Client Updates

March-in Rights – Implications from the Covid Pandemic 

Nick Palmieri

Created as part of the Bayh-Dole Act of 1980 (Pub. L. 96-517), “march-in rights” were created as a way to balance the need of small and non-profit entities to obtain government financing with the public’s right to access certain innovation resulting from government funds. In particular, march-in rights were created, at least in part, to further Congress’s goal “to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions.” 35 U.S.C. § 200. Accordingly, under the provisions of 35 U.S.C. § 203, agencies of the federal government are empowered to require entities that receive federal funding to provide licenses in certain circumstances.

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Third Quarter 2022 Federal Circuit Update

Michael Hawes

Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant legal points - in order to assist clients seeking to identify recent law relevant to a particular problem.

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New Executive Order Details CFIUS National Security Factors

Paul LutherMatthew WestAlexander ReinertCullen Richardson

On September 15, 2022, President Joe Biden signed an executive order (“EO”) detailing key factors for the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) to consider when reviewing transactions for national security risks. The EO provides direction to CFIUS by elaborating on existing statutory factors and adding five sets of national security factors for CFIUS to consider during its review process. Moreover, the EO highlights for CFIUS specific industry sectors that have national security implications, including microelectronics, artificial intelligence, biotechnology and biomanufacturing, quantum computing, advanced clean energy (such as battery storage and hydrogen), climate adaptation technologies, critical materials (such as lithium and rare earth elements), and elements of the agricultural industrial base.  

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October 2022 Intellectual Report Recap

In case you missed it, here is a recap video of our October 2022 Intellectual Property Report that looked at: 

  • Proposed Amendments to Federal Rules of Evidence Governing Expert Testimony
  • What Makes an Expert: Limits on Patent Expert Discovery
  • New Bill Would Revise Patent Subject Matter Eligibility Framework
  • Danish DPA, Datatilsynet, Joins Pan-European Approach to Google Analytics

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