Tuesday, July 28, 2015

          Prof. Feldman Advises House Judiciary Committee Members & Staff on Pending Patent Reform Bill, AKA Innovation Act

          “We are speeding down the road and we are going much faster than when this whole thing started.”

          Sample alt tag.
          “I think of this like driving a sports car. If you go from 50 mph to 100 mph, academics can argue over whether, taking into account lane changes and the anticipation of moves by other drivers, you are really only going 93 mph. The takeaway remains the same. We are speeding down the road, and we are going much faster than when this whole thing started.” - Professor Robin Feldman

          WASHINGTON — On Thursday, July 23, UC Hastings Professor Robin Feldman participated in a closed-door briefing for House Judiciary Committee Members and staff regarding the pending patent reform bill, AKA the Innovation Act.

          “More new patent lawsuits have been filed so far this year than in the same period for any other year,” noted Feldman, citing Lex Machina data showing that more than 3,000 new patent lawsuits were filed in the first six months of 2015.

          “I think of this like driving a sports car,” said Feldman. “If you go from 50 mph to 100 mph, academics can argue over whether, taking into account lane changes and the anticipation of moves by other drivers, you are really only going 93 mph. The takeaway remains the same. We are speeding down the road, and we are going much faster than when this whole thing started.”

          Feldman also talked about data showing the impact on startups and small businesses. In addition to the data, she noted: “It does not take fancy economics to know that time spent analyzing patent demands is time away from innovating and money spent on patent demands is money not spent on jobs.”

          On the topic of whether inventors should be exempted from patent reform, Feldman noted that the issue is bad behavior, not the identity of the person behaving badly. “No one—neither individual inventors nor giant tech companies—should get a pass if they are engaging in behavior that undermines the patent system.”

          "The patent system isn't a prize system for inventors, it is an opportunity to earn a reward if something can be made from your invention. It shouldn’t be an opportunity to force a return by frightening people.”

          Finally, Professor Feldman noted studies showing that only 27 fee awards were granted in the first year after the Supreme Court loosened the standards in the Octane case. “Most important,” she said, “the number of post-Octane fee awards in the Eastern District of Texas, which gets the largest share of patent cases, was precisely zero."

          About the Institute for Innovation Law

          The Institute for Innovation Law (http://innovation.uchastings.edu/) is a public interest academic center at UC Hastings. The Institute engages in academic research and education to encourage innovation through the practice and development of law and policy. The Institute’s mission is to identify and promote the tools, knowledge, and skills needed to encourage innovation through the practice and development of law and policy.

          Dedicated to promoting Data-Driven Law-Making, the Institute seeks to empower regulators to make informed decisions using reliable and objective analysis. Importantly, the Institute is developing a set of resources, skills, and knowledge applicable to other areas of the law. Research on legal issues that limit entrepreneurship is one part of a purpose driven initiative to study Data Driven Law Making. The Data Driven Law Making initiative is part of a greater effort by the Institute to support all aspects of innovation, legal and technical, at the intersection of the law and technology.

          The Institute’s work is comprised of both research initiatives and a classroom component. Administratively, the Institute serves as the umbrella entity over three sub-programs: the Startup Legal Garage, the Law and Bioscience Project, and the Privacy and Technology Project.

          ###

          MEDIA CONTACT:
          Alex A.G. Shapiro
          Director, Communications & Public Affairs
          UC Hastings College of the Law
          Office: (415) 581-8842
          Cell: (415) 813-9214
          Email: shapiroa@uchastings.edu 

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Friday, February 16, 2018

          Patrick Barry '94 Takes COO Role at Legal Tech Startup Logikcull

          The cloud-based eDiscovery software company brings Barry back to business as a tech executive after a two-year sabbatical.
          Thursday, February 01, 2018

          Thinkers & Doers: January 2018

          Inaugural Exhibition of the McEvoy Foundation for the Arts – Professor Viswanathan co-authors SSRN’s "Top Paper of 2017" – When Deportation is a Death Sentence – A project to “restate” copyright law – Alum named 2018 Antitrust Lawyer of the Year – Posh Hotels & Swanky Cocktails in the Tenderloin – Calling out racists actually good for health – Bay Area Corporate Counsel Winners – and much more
          Monday, January 29, 2018

          Justice Lidia Stiglich '95 Brings Compassion to the Bench

          She is taking a “people-centric” approach as the first openly gay justice to serve on the Nevada Supreme Court.
          Thursday, January 18, 2018

          1L Cindy Muro Receives Scholarship for Domestic Violence Advocacy

          A survivor of abuse herself, Muro now strives to do everything in her power to help people help themselves and create a platform for individuals to be heard.
          Thursday, January 11, 2018

          Message from Dean Faigman: On the passing of Professor Geoff Hazard

          “A deeply inspiring teacher, a mentor to many generations of students and faculty, an enormously influential scholar, and a dear friend to so many of us.”
          Go to News Archive