CAN HIGH-TECH INDUSTRIES EVER BE PRO-PATENT? Fordham IP Conference April 2015 George E. Badenoch.

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Transcript of CAN HIGH-TECH INDUSTRIES EVER BE PRO-PATENT? Fordham IP Conference April 2015 George E. Badenoch.

CAN HIGH-TECH INDUSTRIES EVER BE PRO-PATENT?

Fordham IP ConferenceApril 2015

George E. Badenoch

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How Patent System Affects Different Industries

PHARMA INFORMATION TECHNOLOGY

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How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

INFORMATION TECHNOLOGY

Many patents cover accused product

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How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

• Scope of patent claims relatively clear

INFORMATION TECHNOLOGY

Many patents cover accused product

Scope of patent claims uncertain

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How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

• Scope of patent claims relatively clear

• Patent usually issues before marketing of accused product

INFORMATION TECHNOLOGY

Many patents cover accused product

Scope of patent claims uncertain

Patents often issue well after marketing of accused product

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How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

• Scope of patent claims relatively clear

• Patent usually issues before marketing of accused product

• Patent known before suit

INFORMATION TECHNOLOGY

Many patents cover accused product

Scope of patent claims uncertain

Patents often issue well after marketing of accused product

Patent suit comes as surprise