Laws and Litigation Facing off with a university in court is something no inventor wants to do. Talk about your experiences or potential issues. en-us Legal Assaults on Faculty Inventors <p>In myopic pursuit of the royalty streams associated with research inventions, university technology commercialization offices (TCOs) have engaged underhanded lawyers and unleashed them on prominent student and faculty inventors. It is unconscionable that these legal assaults originate from esteemed institutions of higher learning that profess to be &ldquo;Building a better world.&rdquo; Their greed driven lawsuits are destroying our brightest scientists and their motivation to innovate for th Sat, 14 Feb 2009 20:05:44 GMT Bayh-Dole, Not a Bulldozer <p>The federal Bayh-Dole Act was enacted to bring the benefits of federally-funded research to the public. However, many technology commercialization managers and their attorneys wrongfully contend that Bayh-Dole confiscated the personal property of faculty members and gave it to universities.</p> <p>&nbsp;</p> <p>Since it was enacted in 1980, the Bayh-Dole or Federal Patent Reform Act, which governs technology transfer at research universities, has generated results never intended by its spon Sat, 14 Feb 2009 20:11:53 GMT Scholarly Works Are Not “Work-for-Hire� <p>The American Association of University Professors (AAUP) Statement on Copyright says the idea of "work-for-hire" should not apply to scholarly research. In a work-for-hire situation, employee-prepared works are under the control of the employer, while traditional scholarly works give faculty members control of the subject matter, intellectual approach, and conclusions of their work. This is the very essence of academic freedom.</p> <p>&nbsp;</p> <p>However, many IP attorneys wrongfully asse Sun, 15 Feb 2009 18:26:28 GMT PET-CT Scanner Inventor Victim of Malicious Litigation <p>When the University of Pittsburgh recruited world renowned physicist Dr. David Townsend to join its faculty in 1993, he never dreamt his tenure there would end amid spurious legal attacks on his character and ethics.</p> <p>&nbsp;</p> <p>The <a href="/studies/pdfs/Townsend_ClinicalScientistoftheYear.pdf" target="_pdf">preeminent inventor</a> and his collaborator developed a means of integrating the Positron Emission Tomograph (PET) and Computerized Axial Tomograph (CT) scanners to greatly i Tue, 31 Mar 2009 21:42:33 GMT Apathy Turned to Avarice? Mizzou Charges Researcher with Misconduct <p>Dr. Galen Suppes, award-winning researcher from the University of Missouri (UM), is gearing up a countersuit against the university over rights to his inventions. In 2006, Suppes received the EPA's highest honor, the <a href="" target="_blank">Presidential Green Chemistry Challenge Award</a>, but after several years of discord with UM, was accused by the university of a variety of misdeeds related to his intellectual property rights Tue, 31 Mar 2009 21:43:19 GMT What are the Costs When Academic Researchers are Isolated from Peers? <p>Dr. Stephen Badylak of Purdue University and Alan Spievack of Harvard University were independently researching the use of Extracellular Matrix (ECM) in tissue re-growth using similar, but not identical processes. While Badylak was working with human tissue regeneration, Spievack's research was for veterinary application.</p> <p>&nbsp;</p> <p><a href="/studies/badylak/">Spievack met Badylak</a> at a conference where the Purdue researcher was speaking. After their meeting, Spievack began wor Fri, 17 Apr 2009 19:35:15 GMT Supreme Court Overrides Legislation Limiting State Sovereignty:<br>Will Congress Push Back? <p>With patent "reform" again on the congressional agenda, will lawmakers push back on other critical intellectual property issues? In 1992, Congress passed two acts pertaining to intellectual property, the Patent and Plant Variety Protection Remedy Clarification Act (Patent Remedy Act) and the Trademark Remedy Clarification Act. Over a decade ago, Congress had observed that states and their universities had become big players in filing patent lawsuits and had constructed the Patent Remedy Act t Thu, 02 Jul 2009 19:03:20 GMT Manufacturers and Small Business Raise Voices Against Current Patent Reform Legislation <p>MAPP (Manufacturing Alliance on Patent Policy) and the NSBA (National Small Business Association) have contacted Capitol Hill leaders to voice their opposition to the patent "reform" legislation now under consideration.</p> <p>&nbsp;</p> <p>Key components of both the House and Senate bills are:</p> <ul style="margin-top:0px;"> <li>limits on damages for infringers based on apportionment and willfulness</li> <li>change from "first to invent" to "first to file" system</li> <li>creation of Fri, 21 Aug 2009 19:28:12 GMT Patent Reform: What's at Stake, Why it Matters <p>Lately, a great deal of attention has been focused on patent "reform", with a focus on Senator Patrick Leahy's Senate Bill 515 and its companion bill in the House <a href="" target="_blank">H.R. 1260</a>. However, another Senate bill has been proposed by Republican Senator Jon Kyl of Arizona, <a href="" target="_blank">S. 610</a>. Senator Kyl proposed an identical bill last September a Tue, 22 Sep 2009 20:20:01 GMT USPTO Repeals Controversial Patent Rules Implemented by Bush Administration <p>David Kappos, recently appointed Under Secretary of Commerce for Intellectual Property, signed a <a href="" target="_blank">final rule</a> yesterday to rescind contentious regulations enacted by the USPTO under the Bush administration.<br /><br /> At the time the <a href="" target="_blank">regulations</a> were published, the USPTO justified them as a measure to address the bottleneck of patent applicatio Fri, 09 Oct 2009 21:56:56 GMT