Today, AIPLA President Wayne Sobon announced that the vacant position of Executive Director of the AIPLA will be filled by Lisa K Jorgenson. Ms. Jorgenson is an experienced patent attorney, most recently working at STMicroelectronics. One of the patents she wrote is entitled “Thread Execution Scheduler for Multi-Processing System and Method.” Somehow, I don’t think that this relates to sewing. Ms. Jorgenson will occupy the position last held by Q. Todd Dickinson, the former Commissioner of the USPTO. We wish Lisa good fortune and as smooth sailing as possible through the turbulent legal waters that we all hope she will help to calm.
Posts Tagged ‘AIPLA’
The increasingly intense conversation about patentable subject matter post-Mayo, Myriad and Alice got off to a slow start at the “Partnering for Patents” meeting held at the PTO on Wednesday. The meeting was a scattering of in-house PTO reports and wish-lists, with some “outside presenters.” Alan Hirschfeld spoke briefly about the Alice decision and the first round of PTO Guidelines, but he offered nothing in the way of new insights, simply reminding the audience that the Guidelines should not be considered final and that the process would be reiterative.
Over at the big AIPLA Annual Meeting in DC, Karen Canady moderated a session today that covered topics ranging from post-grant proceedings under AIA to ethics. Of course the s. 101 presentation by Donna Meuth of Eisai and David Wille of BakerBotts was of the most interest to me. Donna used an example of the rejection of claims involving natural products that Hans Sauer of BIO posted on this website. The claims to the compound, a composition containing it, and its use to treat three types of cancer were all rejected as involving a natural product and as impermissibly tying up the building blocks of human ingenuity. Of course, many in the audience noted that that was what patents were intended to do, but that was cold comfort to the applicant, who failed every one of the test factors in the Guidelines but one.
David Wille attempted a look into the thought processes of the judges applying Alice in district court decisions. He felt that the key to “success” may lie in keeping the focus on the manipulation of real matter, like checks, and emphasizing that the focused claims are not directed to fundamental economic practices, but to the transformation of specific types of data. I think he referred to success as passing the “technological arts test.” The significance of these lessons is far from clear, but they are a start. Still, I feel like the narrator in the Dylan song who laments: “It’s not dark out yet, but its getting there.”
It is with sadness that I note that Genie Hansen died suddenly at her home on Monday. She had been at Richard, Medlock and Andrews and Sidley and Austin and started Hemingway & Hansen in 2005 in Dallas. She had served on the Board of AIPLA and chaired the Women in IP Law and Public Relations Committees. I met her when Rochelle Seide and Kathleen Terry revived the Chem/Biotech Patent Practice Seminars for AIPLA, which were offered in three cities, every two years from 1994 into the 2000’s. In 1994 she presented the ethics part of the seminar with David Hitchcock. In 1996, she and David spoke on interferences, In 1998, she spoke on optimizing international filings and in 2000, she spoke on writing process claims. This was a tough schedule, but Genie’s ability to work hard and smile easily made these IP “Roadshows” effective and almost fun. She will be missed!
On Saturday, October 27th, I will one of the speakers in the Closing Plenary Session of the Annual AIPLA Meeting in Washington, DC. Since I was assigned to do part of the “Ethics” track, I will be speaking on post-Therasense Fed. Cir. opinions. Is the defense of inequitable conduct a limping zombie that can be easily avoided if you don’t just run into a corner and scream, or does it still have fangs? Also speaking on “Ethics – Privacy” will be Prof. Paul Ohm from the University of Colorado School of Law. David H. Harper will sum up the year in copyrights and trade secrets, Steven J. Wadya will handle trademark law developments, and Mark Lemley of Stanford will do the patent law wrap-up. Moderator Mary Kocialski of Oracle will try to keep us on schedule (Good Luck!).
From a biotech perspective, probably the most interesting session will be the Educational Session sponsored by the Biotechnology/IP Practice in Europe and (I think) the Chemical Practice Committees from 330-530 on Thursday that will – thoroughly, I am sure – discuss the “antibody exception” to the written description requirement. Apparently, reports of its demise in the wake of Ariad were untimely. I particularly anticipate learning the USPTO perspective. Now, how about a session on patenting diagnostic assays post-Prometheus and Myriad?