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Duke Law School “Hot Topics In IP” Symposium February 6, 2008

Challenges Facing IP Practitioners. Duke Law School “Hot Topics In IP” Symposium February 6, 2008. Is the Patent System Under Attack?. Pressures on the Patent System. Backlogs at the Major Offices Public Outcry of Poor Quality Patents Backlash Against the IP System

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Duke Law School “Hot Topics In IP” Symposium February 6, 2008

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  1. Challenges Facing IP Practitioners Duke Law School “Hot Topics In IP” Symposium February 6, 2008

  2. Is the Patent System Under Attack? Pressures on the Patent System • Backlogs at the Major Offices • Public Outcry of Poor Quality Patents • Backlash Against the IP System • Developing Economies • Global Challenges, e.g., - Health - Climate Change

  3. What is GE? Infrastructure Commercial Finance Industrial Consumer Finance Healthcare NBC Universal

  4. GE Infrastructure • Underground, on the ground, and in the air, GE Infrastructure is keeping the world running smoothly and providing imaginative solutions to improve lives. Aviation • Commercial Aviation Services • Energy Energy Financial Services • Oil & Gas Transportation • Water & Process Technologies

  5. GE Healthcare • GE Healthcare brings the world medical science and technologies that are helping to transform healthcare. We are working with our partners in healthcare to help them predict, diagnose, inform, and treat disease earlier than ever. Diagnostic Imaging • Interventional Cardiology & Surgery • Clinical Systems Healthcare Information Technologies • Services • Bio-Sciences

  6. GE Industrial • GE Industrial helps keep the world working through a broad range of products, as well as equipment leasing, as well as management and operating services. Consumer & Industrial • Equipment Services • GE Fanuc • Inspection Technologies Plastics • Security • Sensing • Advanced Materials

  7. NBC Universal • NBC Universal makes the world think, feel, and smile. Television Networks • Production & Distribution • Film • Parks & Resorts

  8. GE Consumer Finance provider of credit services to consumers, retailers, and auto dealers in countries around the world. • Under the GE Money™ brand, Consumer Finance is a leading GE Money™ provides an alternative to high street banks, with products like credit cards, buy-now-pay-later plans, loans, mortgages, re-mortgages and insurance

  9. GE Commercial Finance • GE Commercial Finance offers an array of products and services aimed at enabling businesses worldwide to grow. Corporate Financial Services • Healthcare Financial Services Capital Solutions • Real Estate

  10. Challenges at the USPTO • Increasing Backlog. . . Can they get ahead of it? • This is a Global Problem (not just USPTO) - Can’t necessarily hire their way out of it • Filings may decrease, but likely not permanently • Decreasing allowance rates compound the problem • Possible Solutions • Huge increase in fees? - Deferred examination? • Restrict continuations? - Work-Shifting to Users? Full Faith & Credit Must be our Ultimate Goal

  11. Challenges at the USPTO Public Cry of Poor Quality Patents • Perception vs. reality. . . What is the REAL issue?

  12. Challenges at the USPTO Public Cry of Poor Quality Patents • Perception vs. reality. . . What is the REAL issue? • We can do more to help the USPTO • Higher quality appls (self-regulate or be regulated) • Disclosing the best prior art is a must, but. . . • Inequitable Conduct is still a barrier • More data & digitization can drive greater efficiency • More collaboration with USPTO (e.g., peer-to-patent) • Quality must be defined & measured holistically The IP System is Still The Best Driver of Innovation

  13. Why GE? ChallengesGE Solutions: 1. Energy Wind, Solar, Nuclear, Bio Fuels (O&G) 2. Water Purification Technology; Desalination 3. Food Transportation (Air, Rail & Cargo) 4. Environment Ecomagination (Across all of GE) 5. Poverty The GE Fund & GE Volunteers 6. Terrorism/War Threat Detection, Bio-Terrorism, Surveillance 7. Disease Early Health & Affordable Healthcare 8. Education GE Money Earth Rewards / GE Volunteers 9. Democracy High Integrity & “Clean” Corporate Citizen 10. Population Affordable Water, Power, Health, Safety. . Solving The World’s Toughest Problems

  14. Reactions to IP “Quality” Scare • No Automatic Injunctions for IP infringement . . . eBay • Raising the Bar on Obviousness. . . KSR • Challenging Patent Validity. . . Medimmune, Sandisk • IC to Defeat Patent Validity. . .McKesson,Hoffman-La Roche • Patentable Subject Matter • In re Nuijten - Electrical signals deemed not patentable • In re Bilski - Managing weather risk in commodity trading • In re Comiskey - Mandatory arbitration of legal documents • VariousCases - Novel formulation of known active compound • US Patent Reform 1. Damages 5. Post Grant Review 2. Inequitable Conduct 6. Applicant Quality Submission 3. Interlocutory Appeals 7. First-to File 4. Venue 8. Misc. (Best Mode, Fee Diversion, etc.)

  15. Is the Patent System Under Attack? What Does the Evidence Say? • Courts & Congress are raising the bar • IP Rights are being questioned as never before • Anti-IP activists are more active than ever • Amount of anti-IP blogs has risen dramatically • Anti-IP community is engaging the media • Anti-IP activists are attacking new areas • Developing countries industrial policy can make excellent use of the anti-IP agenda and rhetoric We Can Not Afford to Take The Patent System for Granted

  16. Facts & Trends IPCC Scenarios 1000 ppm °C 16 14 6 - Further rises to 2300 2050 6-7 GtC reduction 12 5 - 550 ppm 10 4 - Facts & Trends 9 GtC world 450 ppm 8 3 - 2100 range WRE 1000 (IPCC) WRE 550 (IPCC) WRE 450 (IPCC) 6 2 - 4 13 2 1 - 11 Global Carbon Emissions, GtC 2000 2010 2020 2030 2040 2050 9 BAU Pathways to 2050 7 2000 2010 2020 2030 2040 2050 The Problem. . . Global Warming led by CO2 Emissions By 2050 we need to have reduced CO2 emissions by 6-7 GtC with 1.3 GtC reduced by 2025, compared with the "BAU" case. Global Carbon Emissions, GtC 2025 1.3 GtC reduction 1990

  17. Estimated 100-Year PotentialCost Reductions Comparative analysis of estimated cumulative costs over the 21st century of GHG mitigation, with and without advanced technology, across a range of hypothesized GHG emissions constraints.

  18. Investment in Green Technology Current Investment Levels in Research & Development Global R&D = $1 trillion/year with over 95% occurring in the OECD countries + Russia & China (80% is occuring in the G8 countries). - Private Sector accounts for almost 70% of R&D investment globally -Energy technology R&D spending by private sector is ~ $40-$60 B/yr as compared with public sector R&D spending of only $10 B/yr. Are We Investing Enough in Clean Technology? The secretariat UNFCCC estimates that an additional $200 billion in global investment and financial flows will be required annually by 2030 just to return GHG emissions to current levels. Greater Investments in Clean Technology are Necessary

  19. What is the Role of Innovation Do We Really Need More Invention? One study finds that if we were limited to technologies available in 2005, the present value cost of achieving stabilization at 550 ppm CO2 would be over $20 trillion greater than with expected developments in energy efficiency, hydrogen energy technologies, advanced bio-energy, and wind and solar technologies (Edmonds 2007). Other studies have found that accelerated technology development offers the potential to dramatically reduce the costs of stabilization, with advanced technology scenarios reducing the cumulative costs of stabilization by 50% or more, yielding economic benefits of hundreds of billions to trillions of dollars globally. Innovation is a Critical Component of the Cure

  20. UNFCCC Agreement & Challenge The Agreement Parties “shall take all practical steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologiesand know-how to other Parties, particularly developing country Parties…the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties…” • Developing countries seek to compel non-commercial transfer of clean tech. in return for their post-Kyoto commitments (Copenhagen, 2009) • Experts estimate $’s trillions investment needed to achieve low carbon future – this requires significant innovation driven by both private & Gov. investment • A post-Kyoto framework must involve commitments from all countries without shutting down innovation and growth The Challenge

  21. “If you really want to help China to speed up the technology transfer process, we have to really think about how to help China cover the high costs. Most of them are not based on material, they're based on intellectual property rights.“ -Zhou Dadi of Energy Research Institute of the People’s Republic of China on November 28, 2007 “India wants climate change technologies to be treated as public & common goods…India [is] keen to see technologies that could make substantial impact in reducing climate change [sic] be dealt with in the same manner as HIV drugs…If climate change is an extraordinary issue like HIV/AIDS was, then it should be dealt with similarly.” -Shyam Saran, India Special Envoy on Climate Change for the Prime Minister, The Times of India, July 27, 2008 “The promotion of technological innovation and the transfer of technology is a right of all States and should not be restricted by intellectual property rights…” - Brazil’s Ministry of Foreign Affairs, “The Rio Document,” submitted to the World Health Organization IGWG on IP, Innovation and Public Health, September 2007 Developing Country Official Statements

  22. Proof That IP Incentives WORK GE’s Eco-R&D Investment ($B) GE’s Eco-Certified Products GE’s Clean Energy Inventions GE’s Energy Efficient Inventions

  23. How is GE Acting/Reacting? • We support KSR & other USSC/CAFC decisions • GE has a laser-sharp focus on Quality! • We must help the USPTO, EPO, WIPO, etc. • Willing to fight patent trolls as appropriate • Helping on Capitol Hill to “get it right” • Engaging governments around the world • GE is DEFENDING the IP system globally • Alliance for Clean Technology Innovation • Actively working w/ US Chamber, IPI, IPO, etc. If WE Don’t Support the IP System, WHO WILL?

  24. QUESTIONS & ANSWERS THANK YOU. . .

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