Patents and Patent Reform Ross Epstein October 19, 2010 Association for Corporate Growth

Intellectual Property Is... CONVERTINGINFORMATIONTOADVANTAGE

What is a Patent? The right to exclude, not to use For 20 years An Intangible Asset A tool for defining markets

What is Patentable? Compositions Devices Processes Improvements

Patent Reform Issues Big High Tech Co. Position Desire to Harmonize US Prosecution with Rest of World “Fix” US Prosecution Procedures “Fix” Enforcement Procedures Quality of Issued Patents

Examples of Reform First to File vs. First to Invent Limitations on Continuation Practice Limit Availability of Injunctive Relief

First to Invent Works The System Isn’t Broke Patent Owners Need Injunctive Relief to Enforce Not Really About Patent Reform Patent Reform Issues Non Practicing Entity Position

Recent Supreme Court Rulings NTP v. Research In Motion (injunctive relief) KSR International Co. v. Teleflex (obviousness) In re Bilski (business methods)

Where Things Are Now Federal Legislature Numerous Proposals both in House and Senate Never Got out of Committee Very Unclear Where This Will Go

Today’s Debate Today’s Debate Non-Practicing Entity vs. Large High Tech Co. Dooyong Lee - Acacia vs. Brian Fogarty – DLA Piper