In the Spotlight

Registration Now Open for Release of Innovate4Health Report on April 24 in Washington, D.C.

Far from being incongruous, innovation and the property rights that secure it are key enablers toward meeting global health challenges. In fact, throughout the developing world, stronger intellectual property rights are proving foundational to unlocking latent innovation potential within entrepreneurs and diverse biological ecosystems.

Please join CPIP and the Information Technology & Innovation Foundation (ITIF) for an event releasing a new report that documents 25 cases of primarily developing-world entrepreneurs meeting global health challenges by “innovating for health.” The event will discuss what policies, including intellectual property, are needed to underpin successful life-sciences innovation in both the developed and developing world and feature presentations from several developing-country healthcare innovators who are leveraging IP, science, and technology to create a better world.

Innovate4Health: How IP and Innovation
Are Solving Global Health Challenges

Tuesday, April 24, 2018
3:30 PM to 6:00 PM ET

The Meridian International Center
1630 Crescent Place, NW
Washington, DC 20009



WIPO-CPIP Summer School on Intellectual Property on June 11-22 at Scalia Law School

The Center for the Protection of Intellectual Property (CPIP) at Antonin Scalia Law School, George Mason University, has partnered with the World Intellectual Property Organization (WIPO) to host the WIPO-CPIP Summer School on Intellectual Property.

This exclusive, two-week summer course will be held in Arlington, Virginia—just minutes from Washington, D.C., one of the world’s key centers of IP law and policymaking. The course provides a unique opportunity for students, professionals, and government officials to work with leading experts and gain a deeper knowledge of IP to advance their careers.

The course consists of lectures, case studies, simulation exercises, and group discussions on selected IP topics, with an orientation towards the interface between IP and other disciplines. A certificate of participation is awarded to participants who successfully complete the course requirements.


CPIP Scholars Ask Federal Circuit to Fix Patent Eligibility Doctrine in Cleveland Clinic Appeal

On February 28, 2018, a group of CPIP scholars filed an amicus brief in Cleveland Clinic Foundation v. True Health Diagnostics, a case currently on appeal to the U.S. Court of Appeals for the Federal Circuit. The patents at issue cover diagnostic tests used to assess a person’s risk of developing cardiovascular disease. The U.S. Patent & Trademark Office initially found the claims to be unpatentable subject matter under Section 101; however, the claims were eventually allowed as new and unconventional applications of known laboratory techniques. Nevertheless, the district court held the claims unpatentable under Section 101, reasoning that they were ineligible under the Alice-Mayo test.

The amicus brief filed last week, written by CPIP’s David Lund and Adam Mossoff, points out that the diagnostic methods at issue are the very sort of innovations the patent system is meant to encourage. Moreover, given the factual conclusions that must be made in order to determine whether the claims are directed to a natural law or whether the laboratory techniques are routine and conventional, they argue that the procedural posture of the case—a motion to dismiss—precludes proper application of the Alice-Mayo test. They note that misapplication of the patent eligibility test continues to lead courts to reject patent protection for many meritorious inventions—as demonstrated in this very case. The amici urge the Federal Circuit to bring clarity and predictability to Section 101 doctrine by rejecting the district court’s conclusory assertions that were made without proper factual support.

To read the amicus brief, please click here.

CPIP Scholars Join Letter to Antitrust Chief Applauding DOJ’s New Evidence-Based Approach to IP Enforcement

On February 13, 2018, scholars from the Center for the Protection of Intellectual Property (CPIP), along with a group of judges, former judges and government officials, law professors and economists with expertise in antitrust law and patent law, sent a letter to Assistant Attorney General Makan Delrahim applauding his recent announcements that the Antitrust Division of the Department of Justice (DOJ) would now take a balanced, evidence-based approach in applying antitrust law to patent licensing, especially to patented innovations that have been contributed to technological standards.

Signatories to the letter include Judge Douglas H. Ginsburg of the D.C. Circuit, former Chief Judge Paul Michel of the Federal Circuit, former FTC Commissioner Joshua D. Wright, and former Director of the U.S. Patent & Trademark Office David Kappos, among others.

“This letter to AAG Makan Delrahim from judges, former judges and government officials, legal scholars and economists is very important,” said Adam Mossoff, Professor of Law at Antonin Scalia Law School of George Mason University, and one of the signers of the letter. “It makes clear the necessity of evidence-based, balanced policy-making by government officials whose regulatory actions directly impact the hundreds of millions in R&D investments and the resulting technological products and services that drive our innovation economy. We would not buy computers or smartphones built entirely on the basis of unproven theories, and the government policies that control the development and sale of these products in the marketplace should equally be based on solid evidence of the role of patented innovation in benefiting consumers.”

To read the letter, please click here.