Reflections on the Changing Landscape of IP Law

As the CCCBA IP Section Chair, I am honored to act as Guest Editor for the Contra Costa Lawyer’s October 2019 issue devoted to intellectual property. Particularly in the last decade, the continuous evolution of IP law has seen new legislation, regulations, and other IP-related opportunities and challenges around the procurement and protection of IP assets. As such, effectively navigating this fascinating, but complex, practice of law has become increasingly crucial. To address several of these important topics, I have assembled a variety of CCCBA practitioners, with invaluable experience and expertise, to share their findings and insights.

In this issue, D. Benjamin Borson will examine the proposed new legislation for 35 U.S.C. §101 to obtain patent eligibility; Jaime Herren will provide insights into helping fiduciaries identify and prepare for potential flashpoints and vulnerabilities inherent in estate-owned IP; and A. James Isbester & Byron Chin will lend insight into the evolving scope of the IPR statutory time bar. Babak Kusha will address preserving employer’s patent rights with the shop rights and hired-to-invent doctrines. Additionally, Mark LeHocky will discuss several compelling reasons for early IP mediation; Michael Petrin and Pete Tormey will explore early stage IP protection for startups going beyond patent protection; Siegmar Pohl will investigate how to tailor IP due diligence to the transaction, while Michelle Tyde and I will review important considerations in licensing know-how with patents.

We all hope these articles will provide useful and insightful information, as well as initiate further discussion around these topics.