The two decades have seen the practice of illegal hacking fully transform from the pranks of teenagers and immature adults into industrialized networks centered around sabotage. The role of computers as the supreme driving tools of innovation has also fully been realized as computers and improved AI are now paramount in every major field. As a result of these transformations, faster and more powerful computers are needed to improve encryption, guide the future of computing, and continue to facilitate advancements. Enter: Quantum Computers
People have been talking about Quantum Computing for decades now. In fact, the concept of a quantum computer was first described by either Paul Benioff or Richard Feynman in the late 1970's, there's some debate regarding this, so the concept has been around for a long time. Additionally, the first quantum computer appears to have been built in 1998 by Michael Mosca and Jonathan A. Jones at Oxford University. Shortly afterwards, the company, D-Wave, was founded to build commercial quantum computers. While D-Wave has consistently sought patents for the machines it has invented, it has not filed patents for many specific applications of its quantum computers, if it has filed for any at all. Until three months ago, there were very few patents for quantum computer applications. One company has rapidly changed this and has caused a paradigm shift regarding patenting and quantum computing, Accenture. This consulting and staffing agency has become the most dominant force in quantum computing patents in a short period of time, and right now, we will focus on the nature of those patents, their potential benefits and problems to the patents, and future consequences. On April 30th of this past year, Accenture was awarded Patent #10,275,721 for "machine learning module that selects quantum or classical computing for optimal business outcomes"(See Accenture's Newsroom from July 1 here: https://newsroom.accenture.com/news/accenture-awarded-second-us-patent-for-quantum-computing.htm). Unlike almost every other patent related to quantum computing, this patent is strictly concerning a new way to use quantum computing, or depending on the situtation, to avoid using quantum computing. In the post-ALICE framework, this is an unusual feat. Accenture has managed to patent a a business method that, at least partially, uses quantum computing. Honestly, at first glance, I thought that this suggested that the USPTO would be deferential to business method patent applications when they are coupled with the use of cutting-edge technology. However, after carefully reading the patent, I can conclude that there is no special deferential standard for patents related to quantum computing, but something far more interesting has happened. Stay tuned to find out!
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Attorneys Joel Lehrer, Jeffrey "Jeff" Rummler and Martin "Marty" Gomez visited Rummler and Gomez's alma mater, the Franklin Pierce Center for Intellectual Property, on Wednesday evening to talk to students about the Loyola Conference, advice for applying to top law firms, and what the work culture is like at Goodwin Procter. Pictured from left: Managing Director of the PLF 2L Ryan Conkin; Goodwin Atty. Jeff Rummler; Goodwin Atty. Marty Gomez; Atty. Joel Lehrer, Partner at Goodwin Procter During their talk, the attorneys shared personal anecdotes about work-life balance and their experiences as law students applying for jobs. Further, Attorney Lehrer described what he looks for in ideal candidates, and ways that applicants can explain holes in their resumés during an interview. The event was planned following a communication between Gomez and the board. Gomez is a Franklin Pierce alumnus himself, and had visited New Hampshire last spring to speak at the Patent Law Forum. Gomez wished to highlight the importance of Patent Students attending Loyola, and the potential that connections formed at this conference have for developing into full-time employment post graduation. Following the event, Goodwin Procter kindly hosted a cocktail hour in the UNH Law Intellectual Property Atrium, where 1 and 2L students had a chance to network with the three attorneys. PLF Members enjoying a cocktail hour hosted by Goodwin Procter, 3/27/19. The 2018-19 PLF Board of Directors with their faculty mentor, Professor Ryan Vacca, and Attorneys Lehrer, Rummler and Gomez. The Board of Directors of the Patent Law Forum would like to thank Goodwin Procter and the visiting attorneys, once again, for taking the time to visit New Hampshire and speaking to our members. A special thanks to Marty Gomez for his involvement and support of our shared alma mater! Michael Indrajana J.D. has been running a successful solo-practice out in Silicon Valley for some time now. Unlike many in the Patent industry, Mr. Indrajana took an entrepreneurial route from the very beginning, immediately challenging major players in the field at a time when litigation has been significantly consolidated. While he has since branched out from his patent practice, he still continues to handle patents in the semiconductor industry. KLK: Thank you for talking to me. Why did you start off solo in what has to be one of the toughest solo-markets ever? MI: I started as a solo because back when I received my license in 2008, the economy was really bad and no one was hiring. They were only hiring experienced counsel, and you need to work in order to gain experience. I decided to solve the chicken-egg problem by starting my own practice and worked as a contract attorney with more senior counsels in order to quickly gain experience. KLK: What is the most interesting patent that you have worked on? MI: Keith, each patent is interesting in its own right. Even the most mundane invention has its own unique story how they came to be, and each one of them represents the hard work and effort of the inventors. KLK: Did you always think you'd be a litigator? MI: Not quite -- I found out that I have a knack for litigation when I started to help out some clients who were getting screwed big time by other people. It's one thing to be a part of something big in the marketplace (i.e. being the patent attorney of a major invention), but there's something satisfying when you know that as an attorney you are looking out for those in need. KLK: That's interesting because a lot of folks are saying that patent litigation is really declining? Do you see that happening? MI: Honestly, I see a decline, but it's cyclical. The AIA and ALICE decisions have caused a lot of industry changes, and it just takes some time to adapt. Once attorneys adapt, I think litigation will recover. However, I do recommend branching out into other specialties if you have a small practice. KLK: And what about China, that metaphorical boogeyman of the blogosphere? MI: China's rise definitely poses challenges to infringement litigation, but any international situations do. The A.I.A. really fixed a lot of international issues. Also, don't underestimate the muscle of the PCT. KLK: What does it mean to provide the best possible quality service to your clients? MI: That means I'm not running a high volume practice. Rather, I strive to make sure that each active case has enough resources from my end to be handled appropriately. I network with few key partners and counsels, so any referrals are fully vetted for. KLK: So? How do you compete with large firms in Silicon Valley? MI: You have to work hard, and you have to play hard. Costs and expenses are absurd here, so you have to be extremely efficient and productive to maintain a successful practice. You need to use law practice software like Clio and understand technologies that can simplify and streamline your practice so you can focus on your billables. KLK: What's your research process like? MI: I start with science/tech blogs to see the current trending topic. From there, I also subscribe legal news blogs to see what goes on in the courts. Between the two, I beef up my knowledge from relevant CLE programs, and for technical stuff, I usually start from Wikipedia and go from there. Remember that as a patent attorney, your client is the ultimate expert, while in a trial, you cannot testify as an expert so you will need an expert witness anyhow. KLK: What do you think about the sites like CoFounders Lab and Avvo? MI: They're fantastic for answering basic questions, and most importantly, getting your future entrepreneurs and inventors to learn your name. They're great for attorneys in solo-practice or at small firms for just building a reputation. Keith Kevelson is a 1L student at the University of New Hampshire School of Law, and a member of the student Patent Law Forum. Last year, a group of 1Ls decided to revive a student group that had fallen by the wayside. In just two semesters, the Patent Law Forum has already taken strides towards providing a platform for students to network with practitioners in the field of patent law, and enrich their knowledge of patent issues outside of a classroom setting. We kindly thank all of the faculty and staff of UNH Law, and the generous judges and attorneys who have helped us to make our events successful. The Board looks forward to working with the class of 2021, especially, in the semester to come!
Featured are just a few photos from one of our favorite 2018 events. Alumnus Kevin DeJong talks Biosimilars and the Patent Dance The Forum is excited to be hosting one of our own, Attorney Kevin J. DeJong, this Friday. In advance of this exciting event, and so students may prepare questions or acquaint themselves with the topics that Attorney DeJong will be discussing, the Board would like to share some sample questions for your consideration. 1. What are biosimilars, and how will their development affect health care prices? 2. How does the U.S. patent system restrict the rate of development for biosimilars? 3. What is a "patent dance," and how did it play out in Amgen? 4. What role do IPRs play in biosimilar litigation? Similarly, what role do settlements play? Attorney DeJong has been invited to discuss these and/or similar topics at his discretion, so we encourage guests of the event to develop their questions and come prepared for an invigorating talk! Lunch will be provided to guests who RSVP by Wednesday, December 5th at: https://unh.az1.qualtrics.com/jfe/form/SV_eG0JztxprDxei1L We look forward to seeing you there! Last month, the Forum welcomed our newest Board Member and 1L Governor: Peighton Bruno. Exhibiting a fervor for solving tough challenges, sensitivity to the importance of teamwork and communication among peers, and passion to expand her education through the study of Patent Law, Peighton embodies the true spirit of the Forum. Bruno received her Bachelor of Science in Mechanical Engineering with a minor in Medical Physics and Mathematics from the University of Denver in 2017. While attending college, Bruno worked with a team to redesign the braking and shifting systems of hand cycles in order to make this technology more accessible to quadriplegic hand cyclists. Bruno explained that she and her team worked closely with their customer, Craig Hospital, while developing this project, and that it was this experience which taught her the significant skill of collaboration among peers and patrons. “In order to be successful,” Bruno said, “it is important to build sincere relationships with everyone involved.” Ever a problem-solver, and with her devotion to the study of engineering, Bruno interned with an architecture firm, where she honed her skills for communication with customers, architects, and other professionals such as mechanical and electrical engineers. She described communication skills as “imperative” and “fundamental” for successful collaboration amongst colleagues. This, she said, is a principle which she has been actively applying in law school in order to foster an amicable relationship with her peers. Not yet satisfied by her impressive undergraduate accomplishments, Bruno decided to enroll at the University of New Hampshire School of Law in Fall of 2018. Attracted to the intellectual-property-driven school by a desire to learn what the study of patent law entailed, Bruno soon found herself looking for a means of broadening her knowledge of the field in addition to classes. The Patent Law Forum seemed to her to be the natural place where she could fulfill her intellectual questions, while also applying her collaboration and communication skills. In October, Bruno applied for the 1L Governor position and was nominated as a top candidate by the Board of Directors. Following a vote by her classmates, Bruno was elected to the position and has recently begun her official duties as Governor. When asked for a personal statement regarding her new position, she stated that, “As your class representative, my primary goal is to make sure you are informed and that your opinions are heard.” Furthermore, she wants fellow 1L students to know that they can bring their inquiries and concerns to her at any time in person, over email, or via any other means of communication. The Forum looks forward to fostering Bruno’s intellectual and professional growth as she begins her studies in Patent Law, and is excited to have her assistance in organizing and hosting interactive events between students and legal practitioners. Here’s to one of our favorites: Professor Ryan Vacca! Not only did Professor Vacca kick off our law school careers with our first-ever class in Contracts, but he has generously assisted us over the last year in the regeneration of the Patent Law Forum and currently serves as our faculty advisor. It is our pleasure to feature him in our first ever Profile on Patent Attorneys. Although Vacca loves living in New England, he was born and raised in St. Louis, Missouri. When he set out to attend college in Massachusetts, his intent was to major in computer science and eventually earn a Ph.D. in software engineering. However, Vacca says that his interest in the law was sparked by a class during his freshman year called “Murder.” Vacca explains that the course’s exploration of homicide through the lenses of gender, race, philosophy and politics deeply interested him, encouraging him to take additional law-related courses. Although he was still interested in computer science, Vacca says that he knew he needed to attend law school, and that Intellectual Property was a natural fit. After graduating from law school, Vacca went to work for a firm called Stinson Morrison Hecker LLP, working in their Products Liability and Intellectual Property practice groups. While the majority of his time was spent litigating Products Liability disputes, he was also able to indulge his interest in IP by working in trademark prosecution, all sorts of IP litigation, right of publicity licensing, and even serving as counsel to musicians, screenwriters, publishers, authors and artists. With such a deep interest in the intellectual aspects of the law, Vacca soon found his place in academia at Akron University. There, Vacca served as the director for the Center for Intellectual Property Law and Technology for several years before returning to New England last year to teach at the University of New Hampshire. Vacca says that the Franklin Pierce Center for IP served as a model for he and his former colleagues in Ohio, so when the opportunity to join the faculty at UNH opened up, he jumped at it. Vacca explains that he was won over by the tightknit and supportive legal community in New Hampshire, and that as he got to know more about UNH and its law students, it was clear that this was a special place where he needed to be. Vacca’s intuition seems to have proven correct, as he says that he and his family love living in New England. When he and his family are not in Concord, they’ve enjoyed short trips to Vermont, Boston and Western Massachusetts. Avid skiers, the family has taken advantage of the snowy winters for outdoor sports and activities. This spring and summer, Vacca and his family enjoyed hiking and visiting the coast, and plan to continue to explore the north east. When asked about challenges that he faced in his early years practicing law, Vacca had a wealth of advice to offer students and young attorneys. Vacca explained that, “Developing a solid foundation of legal principles in law school prepared me to understand new areas of the law or nuances in the areas I was already familiar with. After my 1L year, I was fortunate to serve as an extern for Judge E. Richard Webber on the U.S. District Court for the Eastern District of Missouri. During that summer and my summer at the firm, I had many opportunities to write (draft orders, memoranda, complaints, motions, discovery documents, etc.), and those were extremely valuable in helping me to learn to effectively communicate with attorneys in my firm, judges, opposing counsel, and clients. Because the vast majority of legal work is written, having the opportunity to strengthen my legal writing skills was a key element for being an effective lawyer and overcoming many of the challenges I faced. Finally, some of the challenges were overcome by consulting with mentors and learning from my mistakes.” Beyond this, the forum asked Professor Vacca what three of the most important things are for young attorneys to take advantage of during law school and in their first years after graduation.
Professor Vacca is currently teaching Contracts and Patents, and has co-authored several forthcoming publications in Copyright Law, Intellectual Property and 3D Printing, and the Federal Circuit as an Institution. As noted before, he also serves as faculty advisor to this forum, a role which we cannot thank him enough for! If you are interested in hearing more about other Patent Attorneys in the area and how they got where they are today, check back in the current months. Or, if you know of someone you would like to see featured here, contact [email protected]. Profiles on Patent Attorneys.
check back soon for profiles on local specialists in Patent Law, composed and compiled by our members and affiliated students. If you are interested in taking advantage of this educational networking opportunity, and have a specific specialist in mind or would like to work with our team to identify an interesting professional for purposes of a blog article, please contact: Hannah Hamilton, Editor of the Blog @ [email protected] -hannah hamilton
Our members are dynamic and diverse; get to know them a little better: Jodutt Basrawi Mr. Basrawi attended the University of California at Los Angeles, receiving his B.S. in geology in 2016. While there, his favorite class was sedimentary petrology. Now, he is further pursuing his career in science, this time in a new way, through the study of patent law at UNH. But law isn't the only new thing in Basrawi's life; Basrawi says he chose to attend the University to diversify his view of the United States, as he has never lived in New England before. So far, he's been making the most of his new environment, as he serves not only as the secretary to the Patent Law Forum, but also the social chair of the Phi Alpha Delta law fraternity. Basrawi also volunteers with "Students Organize for Syria," a student-run initiative that focuses on the Syrian Revolution. Ever the Renaissance man, Basrawi has also been involved in restarting the UNH Law Golf Club. He told the blog that one year after graduation, he could see himself working at any IP firm that is close to his family, in a bike-friendly area, and encourages their associates to take risks. Carpe diem, Jodutt. Ryan Conkin Ms. Conkin completed a double major in Biology and Theatre and Drama at Indiana University before coming to UNH to study patent law. While at Indiana U, her favorite topics were human genetics and acting out Shakespeare's plays. Conkin says she was attracted to UNH by their IP program, but instantly fell in love with the close knit atmosphere of the school's community. Anyone meeting Conkin for the first time would recognize her ambitious drive within five minutes of talking to her. This is displayed by only a cursory look over her participation in extracurriculars at UNH, where she serves as managing director of the PLF, as well as being on the executive board for Phi Alpha Delta. Twelve months after graduation, she would like to see herself working for a medium to large sized firm practicing patent litigation, and we have no doubt we will see her there. Nick Bortz Mr. Bortz attended the University of Wisconsin where he majored in biology and minored in chemistry. He told the blog that his favorite class was human anatomy and physiology, because he is interested in the study of disease and medicine. His zeal for science is further reflected by his concentration at the University of New Hampshire, where he is studying patent law. Bortz says that he chose UNH for their outstanding patent law program, the small class size, and the beautiful surrounding area. At UNH, Bortz serves as director of the Patent Law Forum, a member of the Student Intellectual Property Association (SIPLA), and a Kaplan Bar Review representative. A simple kind of man, when asked where he would like to see himself twelve months after graduation, Bortz succinctly replied "Employed!" before elaborating as to his preference to prosecute and litigate patents in New England. Whatever region he ends up in will surely be glad to have him! Nisha Gera The only thing that might exceed Ms. Gera's exceedingly warm personality is her resumé. Ms. Gera received her Masters in Biotechnology from Jaypee Institute of Information Technology in Noida, India before further accomplishing her L.L.M. in Intellectual Property at MIPLC. Gera's masters thesis focused on the patenting of human embryonic stem cells in Europe. After completing her L.L.M., Gera worked for Georgia State University at the technology transfer office where she assisted in the commercialization of technology relating to breast cancer diagnostics. Thereafter, she returned to India and joined "Lawyers Collective," the oldest legal aid NGO in India, where she worked as a Technical and Legal Officer. Gera filed numerous patent oppositions on HIV and HCV drugs on behalf of patient groups. Additionally, Gera has advised international civil society organizations in various jurisdictions regarding how they can use domestic IP laws to overcome barriers that prevent them from accessing medicines. Gera came to UNH Law to further expand her interest in patent litigation, and is interested in practicing pharmaceutical patent litigation and anti-trust law. At this rate, soon a blog post won't be enough to describe Ms. Gera. Sheila Shahri Ms. Shahri attended the University of Toledo, Ohio, where she majored in biochemistry and minored in linguistics. Shahri says that her favorite class was her Molecular Genetics lab, because she had the opportunity to extract and examine her own DNA. If you think this makes her sound a little self-absorbed, think again. Shahri dedicates her time at UNH Law not only as treasurer of the PLF, but also as a member of the Women's Law Student Association and has served on the organizational committee for the annual UNH Law Thanksgiving Food Drive. Shahri chose to attend UNH because of its supportive environment and focus in patent law, where she plans to focus her studies over the next five semesters. Although Shahri hesitated over the question of where she sees herself twelve months after graduation (lamenting, "I have no idea!"), nevertheless she posited that she might like to work at an organization such as WIPO where she could have the opportunity to travel internationally while also working in intellectual property law. All we can say is: fly, Sheila, fly! Angelo DeFlora Mr. DeFlora received his B.S. from Purdue University, where his favorite class was Stochastic Models. DeFlora explains that he enjoyed this class because the probability theory it covers is utilized in a plethora of everyday jobs relating to engineering. It seems like UNH Law was an easy sell for DeFlora, who says he chose to attend because of their rigorous and world-renowned IP certification. Accordingly, his focus at UNH is patent law, but he plans to take bankruptcy and property classes, as well. With his easy sense of humor and amicable demeanor, it is no wonder that DeFlora serves as liaison between the PLF and Student Bar Association, elected class governor to the SBA, and is also helping to organize the spring talent show. Wasting no words, DeFlora said that after graduation he would like to work for an IP firm. We have no doubt that he will accomplish this goal. |
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