AUTM Newsbrief
Dec. 30, 2010

The enactment of Bayh-Dole, an inside perspective
IPWatchdog
Dec. 2, 2010 issue: The fact that the Bayh-Dole Act passed was amazing. That it passed in a lame duck session of Congress with its principal author defeated, the U.S. Senate changing hands, and a sitting president thrown out, was a miracle. Even then success was not assured. The bureaucracy was waiting to undermine the implementing regulations. Yet the new law survived, strengthening the economy while improving public health and well-being. Success depended on slipping through a narrow window of opportunity.More

Eli Lilly, Schlumberger, Amazon, HP, Levi Strauss: Intellectual property
Bloomberg
Aug. 5, 2010 issue: Facebook was started in 2004 by Harvard University undergraduate Mark Zuckerberg. It reportedly had 2009 revenue of more than $700 million, and Zuckerberg is presently facing a suit in federal court in Buffalo, New York, alleging a New York resident is entitled to 84 percent of the company. In its decision in the patent case, the jury also ruled that Facebook's technology did infringe claims of the patent. Under U.S. patent law, an invalid patent cannot be infringed.More

University technology transfer: Technology doesn't create company
Venture Hype
Sept. 9, 2010 issue: In a recent article, two technology transfer models were visited; how technology transfer deals were done in the past; reported why startup companies are a powerful launching vehicle for new discoveries; and inspected some of the newer ways forward-thinking technology transfer managers are using to construct creative deals. According to Garold Breit, executive director at the University of Manitoba Technology Transfer Office, university technology transfer managers are now taking dilution prevention into account.More

Business analytics: Turning intellectual property into opportunity
CIO Insight
Aug. 26, 2010 issue: North Carolina State University had a challenge. It needed a new process to monetize its treasure trove of scientific advancements and university-invented technologies by matching these with potential research partners and sponsors. Any organization sitting on reams of intellectual property will learn from the experiences of Billy Houghteling, Director of the Office of Technology Transfer at North Carolina State. His office is responsible for transferring University-developed innovations to the marketplace and interacting with partners. More

Commercialization is not the problem
Inside Higher Education
Nov. 23, 2010 issue: Encouraged by critics like Derek Bok, Gaye Tuchman, and Jennifer Washburn (who characterizes market forces and commercial values as "a foul wind has blown over the campuses" of our nation's universities) the commercialization hypothesis has been accepted, often without critical thought, by many members of the academy. They are not big fans of the business community to begin with, and it is convenient to assume our problems come from "outside agitators" like intrusive business people. We in higher education do have major problems with cost and quality, and they need fixing. But commercial forces are not the problem — our own internal practices are. A major factor in the persistence of our cost and quality problems is too much emphasis on public relations and too little emphasis on introspection.More

AUTM: University startup, licensing activity remained strong during recession
Technology Transfer Tactics
Oct. 7, 2010 issue: Although 2009 income from licenses declined 32.5 percent from the previous year, AUTM does not attribute this finding directly to the economy. In the previous two annual licensing surveys, institutions had negotiated extraordinary partial royalty buyouts that significantly boosted overall royalties — an event that did not occur in 2009. All told, the number of licenses executed increased by 5.6 percent, while the number of options decreased by 3.4 percent. The number of startups launched in 2009 was essentially unchanged.More

On implementing the Technology Transfer Act of 2009
Business Mirror
Aug. 5, 2010 issue: The TTA seeks to promote the commercialization of intellectual property technology and knowledge resulting from research and development to ultimately benefit national development. To achieve this, the TTA addresses, among other things, issues of ownership of intellectual property in research and development institutes; rights and responsibilities of government funding agencies and RDIs; management of intellectual property derived from R&D performed by government RDIs through their own budget; revenue sharing; and commercialization through spinoff companies. More

Supreme Court to hear Bayh-Dole patent ownership dispute:
Stanford v. Roche

Patently-O
Nov. 4, 2010 issue: The Supreme Court has granted Stanford's petition for a writ of certiorari in Stanford v. Roche on an issue of patent ownership. Although the case may turn on federal patent law statutes, it looks substantially like derivative title issues considered in the law of property. The rule of derivative title generally bars a property owner from transferring rights greater than his own. One exception to the rule of derivative title is that, in certain situations, a bona fide purchaser can take title free of prior claims to the property.More

Collaborating with universities helps businesses
eGov monitor
Nov. 11, 2010 issue: While technology transfer has often been the focus for policy makers and researchers in terms of understanding business — academia collaboration, this new survey shows that these partnerships enable businesses to improve wide ranging activities including service development, human resource management, and even marketing. Collaborations are primarily based on problem solving, people- or community-based interactions rather than technology transfer. The survey is part of a research project examining business-university knowledge exchange partnerships, their effectiveness and regional impact. As well as the business survey, which generated over 2,500 responses, the research included an academic survey with over 22,000 responses and several case studies. The survey of academics shows that the knowledge exchange activities had significant positive impacts on research and teaching. More

New funding should help US Patent and Trademark Office deal with backlog
The Journal Sentinel
Aug. 12, 2010 issue: President Barack Obama signed an authorization for an additional $129 million to reform operations at the U.S. Patent and Trademark Office. The agency admits it has stifled American innovation and impeded the creation of millions of jobs by failing to keep up with a huge backlog of patent applications.More