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IEEE Region 6 Conference on Intellectual Property, Licensing, and Capital Flow Keith D. Grzelak, Chair IEEE-USA IPC Chair IEEE-USA IP Professionals Chair.

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Presentation on theme: "IEEE Region 6 Conference on Intellectual Property, Licensing, and Capital Flow Keith D. Grzelak, Chair IEEE-USA IPC Chair IEEE-USA IP Professionals Chair."— Presentation transcript:

1 IEEE Region 6 Conference on Intellectual Property, Licensing, and Capital Flow Keith D. Grzelak, Chair IEEE-USA IPC Chair IEEE-USA IP Professionals Chair Silicon Valley (tbd) September 2016

2 Why an IP conference? Cumulative changes to patent law are coming home to roost. An effort to kill “patent trolls” has also changed property interest acquisition by legitimate start-ups. Next generation tech companies in Silicon Valley are starting to ask the question, “What just happened?” A fully functioning patent system should ensure that capital flows to good ideas. We plan to educate our members on these new challenges: patent procurement/enforcement; licensing; and capital flow. 2

3 District court §101 patent decisions by technology classes since the Alice v. CLS decision as of November 15, 2015 3 Not invalid Invalid Source: Robert Sachs, “#AliceStorm,” December, 2015. N = 348 patents

4 Post grant administrative patent invalidation proceedings at the US Patent Office - the implications to patent owners and users 4 3,973 requests made for AIA challenge proceedings (IPR, PGR, CBM) as of 9-30-2015 Of these, 3,578 requests made for inter partes review (IPR) since Sept. 2012—versus 1,841 comparable requests over 13 years of pre-AIA regime 70% of IPR petitions are instituted 82% of IPR proceedings are conducted with parallel litigation pending in district courts, which denied only fewer than 28% of IPR stay motions through 3Q 2015 Source: David Kappos, “U.S. Patent System Vital Signs: A Quarterly Update,” (Nov. 2015)

5 Value to members Educate our members on a significant start-up risk. Engage our members on public policy so that we might make a policy difference before it is too late. Help our members make better decision on where they should expend their skills on STEM projects – our members want to be rewarded for what they do and some areas will not be as rewarding due to these recent changes. 5

6 Prior Efforts – 2015 IEEE-USA Annual Meeting 6

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