les Nouvelles - September 2022

Join LESI in its les Nouvelles LIVE online event to hear the “making-of” stories from the authors of articles included in the September 2022 edition.  Articles address timely issues important to your practice.

Watch the short session highlighting what you’ll find in this month’s edition!

  • les Nouvelles - September 2022- Full Issue
  • PDF, 10.33 MB
  • IP Role In COVID Times: Compulsory Licensing, IP Waivers, And Other Initiatives
  • By Paola Dabbicco
    This paper analyzes the role of intellectual property rights (IPRs) and, more specifically, of patents during COVID times, with a focus on the pharmaceutical industry and COVID vaccines. In this paper, the author scrutinizes some proposals to quickly obtain access to affordable vaccines, such as the IP waiver and the use of compulsory licensing. This paper shows how IPR protection, and patents in particular, play a pivotal role in the fight against the virus. It also recommends that decision makers, industry, and academia focus on the insufficient R&D investment for the development of new medicines, the lack of production facilities and raw materials supply, and the loss of trust in science among some parts of the population, which might have led to the limited and slow supply of COVID vaccines, and which are not necessarily linked to IPRs. For each of these challenges, the author proposes a different solution.
    PDF, 341.57 KB
  • Software And Copyright Exceptions: The U.S. Supreme Court Decision In Google v. Oracle Seen From An European Perspective With Some Remarks On Competition Law
  • By Dario Paschetta and Mariagrazia Berardo
    With a ruling of April 5, 2021, the Supreme Court of the United States put an end to the long legal battle between Oracle America, Inc. and Google LLC, recognizing that it is legitimate, as a constituent of fair use, to use the latter’s code of Java SE software owned by Oracle to develop the operating system for Android smartphones. In the article the authors, after a brief overview of the case and exam of the U.S. Supreme Court decision, highlight possible implications of such decision in the European Union legal systems and then analyse whether it is advisable for software that are technological standards to be subject to the adoption of a solution similar to the one created in the patent field of SEPs.
    PDF, 142.38 KB
  • How Does Data Create Economic Value? Foundations For Valuation Models
  • By André Gorius, Véronique Blum, Andreas Liebl, and Anke Nestler
    If in 2021 the data created, captured, and replicated across the world is estimated at 80 zB, it should double in just four years to reach 170 zB in 2025. How big is that figure? Here is a simple insight: knowing that one zB (zettabyte) is one billion terabytes (1021), a regular personal internet connection would need more than 30,000,000 years to transmit a zettabyte. Because they are not comparable with common practices, such huge amounts of data are dealt with via dedicated infrastructures and Artificial Intelligence (AI) tools. Conversely, the development of AI fuels the need for more data.
    PDF, 1.21 MB
  • Prejudgment Interest: W.D. Texas Got It Right In The VLSI v. Intel Patent Suit
  • By John C. Jarosz, Robert L. Vigil, and Joseph F. Maloney
    Prejudgment interest in patent cases has flown under the radar for many years. The $162.3 million award in VLSI has shined new light on it. Though its reasoning appears a bit opaque, the court appears to largely have drawn the right conclusions as a matter of economics. Prejudgment interest should adequately embody the risk/return tradeoff that every investor faces. A damages award is not, after the fact, a risky investment. It is a known and awardable amount. As such, a risk-free rate should be used to bring past damages forward to today every time.
    PDF, 292.22 KB
  • Unboxing Value Through IP Adoption
  • By Parthapratim Indra and Shekhar Guha
    In the era of Industry 4.0 driven by digitalization and disruptive innovations, the objective to manage an IP program for an enterprise is to enable the acceleration of technology- and insight-led business disruptions through effective and efficient IP adoption, thereby driving enterprises’ transformation towards consistent growth.
    PDF, 1.20 MB
  • COVID-19 Vaccines: Technology Transfer And Licensing Facilitated Rapid Deployment
  • By Elizabeth R. Nesbitt
    The rapid deployment of the three COVID-19 vaccines authorized for use in the United States in 2020 and 2021—developed by Pfizer-BioNTech, Moderna, and Johnson & Johnson (J&J)—involved substantial firm-level collaboration to rapidly complete the multidimensional matrix of steps (planning and implementation) along the entire global value chain from discovery to commercialization. Major advances included: (1) the availability and use of novel technologies; (2) identifying the needed supplies and sources early in the process; (3) quickly establishing and expanding international supply chains meeting regulatory requirements; and (4) speedy scale-up of global production and formulation capacity. A key enabling factor was the vaccine owners’ rapid technology transfer to firms in developing and developed countries.
    PDF, 255.59 KB
  • A Right To Copy, Right?
  • By Madelein Kleyn
    One dictionary definition1 for copyright is “the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material."
    PDF, 107.50 KB
  • Patent Value: Scoring Patents Using Characteristics Of Patents In Litigation
  • By Christopher K. Larus, Miles A. Finn, Congnan Zhan, Joseph (Yu) Chen, and Shelley Gilliss
    Not all patents are created equal. Finding patent assets likely to drive substantial value in licensing efforts is difficult. Getting the answer right can unlock substantial value and allow innovators to optimize expected return on investment. But making a mistake can lead to a costly waste of valuable resources.
    PDF, 145.96 KB
  • Omicron And Its Impact On The COVID-19 Patent Discussion
  • By Ulrich Storz
    SARS CoV 2 is a virus that is subject to fast mutagenesis. With the advent of the so-called Omicron variant (lineage B.1.1.529 according to the Pango nomenclature)1 in November 2021, it became clear that the existing vaccines may have insufficient efficacy against said new variant.
    PDF, 769.89 KB
  • Promoting Global Access To Health Technologies: A Licensing Toolkit For Public Sector Institutions - Part 1
  • By Mohammad Shahzad
    The growing shift among public sector institutions and pharmaceutical companies towards equitable licensing of their health technologies is commonly termed “Global Access Licensing” 1 or “Socially Responsible Licensing.” This two-part article uses the term “Global Access Licensing” (GAL) to describe a set of licensing provisions and terms that can be utilized by public sector institutions, including funding agencies, universities, and research institutes, and included in license agreements with industry partners to ensure access and affordability of resulting health technologies in the developing world.
    PDF, 266.99 KB
  • The Emerging Role Of University TTOs In Facilitating Social Enterprises: Identifying New Sources Of Creativity And Mobilizing Knowledge And Resources To Address Societal And Community Problems
  • By John A. Fraser and Randy S. Fisher
    The purpose of this paper is to highlight the term Social Ventures / Social Enterprises and show how various proven techniques and activities of a Technology Transfer Office (TTO) can support and grow these activities from their university research source.
    PDF, 289.99 KB
  • Standards For The Quality Of IP Management
  • By Alexander J. Wurzer, Jamie Soon-Kesteloot, Bastian Best, Nicky Wennemer, Martin Wilming, Sven Calsbach, Wolfgang Berres, Stephan Wolke, Hanns-Peter Tümmler, Axel Mittelstaedt, Lorenz Kaiser, Tobias Denk, and Theo Grünewald
    The right approach to IP, especially patents in digitization, offers companies, regardless of their size, opportunities to create and protect customer benefits with innovative solutions. At the same time, however, the increasing complexity also increases the risk of infringement of third-party intellectual property rights. For companies that want to proactively develop their IP portfolio, secure freedom to operate, and manage it in a legally compliant, goal-oriented, and consistent manner, the norms DIN 77006 and ISO56005 show ways to manage these processes.
    PDF, 144.42 KB
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