Stanford v. Roche: A Case Study on Academic Inventors, Federal Funding, and the Bayh-Dole Act

Today I want to start introducing some more in-depth legal discussion on this blog. Below is a reposting of the first part of a post I did for the IPilogue blog hosted by IP Osgoode at Osgoode Law School (York Univ., Canada) where I am a research affiliate.

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Traditionally, debates over the ownership and use of government funded inventions revolve around the interests of: the institutions that receive funding, the government, and the public. Of late, however, attention is being paid to the interests of inventors themselves. What rights do they have to compensation for their inventions, or to take the inventions with them if they leave the institution, or to assign or license the inventions to third parties? The latest installment of this fast growing area of interest is the case of Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc. In this blog post, I will discuss how a key assumption from the early days of U.S. Federal R&D patent policy led to a vexing conundrum for contemporary technology transfer law and policy that went all the way to the Supreme Court.

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Categories: Commercial/Contract Law, Commercialization, Innovation, Intellectual Property, Law, Science, Technology, Technology Entrepreneurship, Technology Transfer, University to Industry

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Back From Travels

Pro Hac Vice saxophonist Joe Newman, far left, me, Chief Judge Rader, center, and drummer Matt Ling, right at AIPLA's dessert reception sponsored by Finnegan

I was not able to post while traveling the past couple of weeks.  It was an interesting combination of professional activities and music performances.

First up was Los Angeles, where I gave a presentation and had meetings at UCLA School of Law on how they might develop a clinic similar to the Entrepreneurial Law Clinic I founded at UW Law. I’ve advised on how to do this at several schools over the past few years. It has been gratifying to see the model adopted at many of them.

After that, I was on a panel at the Judicial Conference of the U.S. Court of Federal Claims at the wonderful Claremont Hotel in Berkeley, CA. My topic was the aftermath of the Supreme Court’s decision in Stanford v. Roche, on which I will add a post shortly. My good friend and bandmate Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit was giving the lunch keynote at the conference, and so we then also performed as a duo at the cocktail reception afterwards.

From there, we were both at AIPLA’s  Annual Meeting in Washington, D.C., and we got the full rock band together to perform. We had a great slot at 11 pm Friday night for the dessert reception hosted by the law firm of Finnegan Henderson. The event was in the ballroom of the Marriott Wardman Park hotel, and was probably the largest and fanciest venue we have played to date. We had a high energy show and even had professional musician Mark Rivera join us on stage. Someone from Managing IP magazine was there and gave us a 5 star review.

At present we are called Pro Hac Vice as a play on the fact that we all live in different cities and just occasionally show up somewhere to do a show. But now that we’re playing somewhat more regularly we think we need a new name. The current line-up is:

Sean O’Connor: vox, guitar, harmonica

Randall Rader: vox, tambourine, guitar, and cowbell

Matt Bryan: vox, bass

Jon Knight: vox, keyboards, 2nd guitar

Matt Ling: drums

Joe Newman: vox, saxophone

You can see us performing (with a different line-up) at the CASRIP Hi-tech Summit Conference reception sponsored by Seed IP Law Group here in Seattle this past summer, in this video posted at IP attorney and regular CASRIP speaker Karen Canady’s website.

Next up, we’ll get serious about some legal issues in a post about IP ownership–especially in the university context–in the wake of Stanford v. Roche.

Categories: Art, Creativity

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Continuing YouTube Saga

My sad YouTube saga continues . . .
I duly disputed the muting of my music copyright video but of course have heard nothing back (as many of my IP professor colleagues from around the country predicted). The status of the video shows it is in dispute and simply states that YouTube is waiting for a response from Warner Music Group. It sounds like I’m SOL until/unless YouTube or WMG decides to bother with it. Because it is not a formal take down under the Digital Millennium Copyright Act (DMCA), I have no statutory rights for them to respond to my counter notification.
But it gets worse. On Tuesday the email below flashed into my inbox and I reflexively clicked on the link because it all seemed right given my dispute situation. Normally, I ignore or check the link of random emails like this. But, again, given that I was waiting for a response I assumed this was legit.
Hover your cursor or otherwise reveal the actual link. Don’t bother clicking though—it’s a Viagra knock-off site. Hopefully I didn’t wind up with a fistful of viruses etc on my Mac because of this.
The question: is this a more sophisticated phishing scam that intentionally preys on people waiting for administrative responses from big outlets like YouTube with public display of relevant information (like my video dispute)?  Or am I just being paranoid? And even if I’m paranoid, are they still out to get me?
P.S. I’ll likely just repost the videos to Vimeo or maybe even UW Law’s servers and then update the embeds in my blog.
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Categories: Art, Commerce, Commercialization, Creativity, Entrepreneurship, Fine Arts, Intellectual Property, Law

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Year 6 of Entrepreneurial Law Clinic

We are off to another great year at the Entrepreneurial Law Clinic at the University of Washington School of Law!

ELC was itself an entrepreneurial venture in that I developed with no money, space, or time off from my regular classroom teaching at the School of Law. But it was necessary because there is just no satisfactory way to teach law students how to serve entrepreneurs without having them rolling up their sleeves and doing it (more on this in future posts).

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Categories: Commerce, Commercialization, Entrepreneurship, Innovation, Law, Microenterprise & Small Business, Nonprofit & Social Entrepreneurship, Technology, Technology Entrepreneurship, Technology Transfer, University to Industry

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Public Launch of RockStar Motel!

RockStar Motel, the music social media platform that I work with, has just entered its public beta launch today.

www.rockstarmotel.com

Reviews have been very positive so far:

Adweek: http://www.adweek.com/news/technology/rockstar-motel-wants-turn-fans-record-labels-135481.

Scribbal: http://www.scribbal.com/2011/10/new-social-network-rockstar-motel-bridges-the-gap-between-artists-and-music-fans/

Categories: Art, Creativity, Entrepreneurship, Fine Arts, Technology Entrepreneurship

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