Patent-eligible subject matter has been significantly restricted from the Supreme Court’s 1980 Chakrabarty decision, which expanded patentable subject matter to anything “under the Sun made by man.” Recent Supreme Court decisions, such as Myriad (2013), Mayo (2012), and Alice (2014) – have eliminated patent subject-matter status in some of the most high-profile and important technologies, such as biotech, personalized medicine, business methods and algorithms, software and social media.
American innovators and investors are likewise uncertain if courts will provide sufficient monetary relief for infringement. As appropriating ideas has gained legitimacy as a sound business proposition, licensing activity and commercialization have dropped sharply. With so many opportunities to defeat the patent owner, litigation has become more efficient than anticipating healthy damage awards. However, new business models, including joint ventures and independent companies, are recapturing lost value in the market.
This panel will discuss the viability of new business models created to work around reduced patent-eligible subject matter and lowered expectations for damages.
Moderators:
Ashley Keller, Managing Director, Gerchen Keller Capital, LLC
Ray Niro, Senior Partner, Niro, Haller & Niro
Panel:
Michelle Holoubek, Director, Sterne Kessler Goldstein & Fox PLLC
Matthew Lynde, Ph.D., Vice President, Cornerstone Research
Adam Mossoff, Professor of Law at George Mason University and Director of Academic Programs and Senior Scholar at the Center for the Protection of Intellectual Property at Mason Law
Hans Sauer, Deputy General Counsel for Intellectual Property at the Biotechnology Industry Organization and Georgetown University School of Law
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