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BRIDGE THE GAPPARSING THE DATABASES FOR APPLIED IP LEGAL RESEARCH DANA NEACSU [email protected] . What if your summer job involves IP research? Do you know how to search 1. for patent applications? 2. for IP law.? Do you know how to assess a companys financial ability to commercialize a patent; What about ways to search for technology research grants subsequently patented and argue for Bayh-Dole license to a third party? Lets use Lexis Advances Practice Advisor, Westlaws Practical Law, and Bloomberglaws Business Intelligencer.

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Elon Musks SpaceX is the leader in reusable takeoff and landing rockets. Its tested a vertical take-off and landing of a small-scale rocket numerous times, and has begun including a vertical landing gear on its satellite launches. It has also landed a full-size rocket. But someone else has the patent on this kind of technology: Blue Origin, the space exploration company founded by Amazon CEO Jeff Bezos. While the company hasnt developed its technology as far as SpaceX, which already is launching satellites for commercial and government clients, it has been proceeding with a contract from NASA to develop a rocket-and-spacecraft combination. SpaceX is challenging the Blue Origin patent in court, arguing that the idea of launching a rocket and landing it vertically is an old one, with plenty of available prior art, and that the Blue Origin patent doesnt actually lay out any unique technology that would be needed to execute this method. The reason for the filing is clear: If SpaceX succeeds in developing a vertical-landing rocket, Blue Origin could troll them with this patent, forcing litigation, settlement, or a licensing fee. If SpaceX would be your client what your line of argument be? Same question if Blue Origin were your argument. What if both companies were developing their technology with government funding, would that change your line of argument? a) Ways to search for patent applications; b) Ways to assess the companys financial ability to commercialize a patent;

c) Ways to search for technology research grants subsequently patented and argue for Bayh-Dole license to a third party; d) Ways to search for IP law. PRACTICE ADVISOR Intellectual Property & Technology Expert forms and practice notes on 11 topics including advertising & marketing, copyright, internet & ecommerce, IP and IT in corporate transactions, media & entertainment, patents, privacy & data security, right of publicity, technology transactions, trademarks and trade secrets. Hundreds of expert forms and clauses that include annotations such as drafting notes and alternate and optional clauses that provide expert guidance and the ability to customize the document to a customers specific situation. Hundreds of practice notes written by experienced practitioners who provide step-by-step guidance and knowhow on the wide array of complex tasks that IP practitioners handle. Practice notes and forms written by specialists from leading law firms, including, among many others, Arnold Porter Kaye Scholer, Baker Botts, Cooley, Greenberg Traurig, OMelveny & Myers, and Venable. Hundreds of checklists and charts to guide the practitioner with drafting, compliance, counseling, and litigation support tasks. Relevant excerpts from leading Matthew Bender treatises, such as Horwitz on Patent Litigation. Links to relevant statutes, cases, and administrative materials and regulations, which enable practitioners to easily review primary source materials.

PATENT WORKFLOW 1. Track New Technologies Patent Activity Competitive Intelligence monitoring R&D investment/white space analysis 6. Optimize Derive new strategies for realizing patent value Maximize licensing opportunities 2. Screen 1 6 2

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PRACTICAL LAW: INTELLECTUAL PROPERTY AND TECHNOLOGY Our Intellectual Property & Technology service provides resources across a range of Intellectual Property matters including: Copyright General IP Information Technology Internet IP and IT in Corporate Transactions Patents Privacy and Data Security Right of Publicity Trademarks Trade Secrets PRACTICAL LAW: PRACTICE NOTES

PRACTICAL LAW: CHECKLISTS PRACTICAL LAW: TOOLKITS PRACTICAL LAW: FEATURED UPDATES Featured Updates Latest legal and market developments to keep you updated. PRACTICAL LAW Lets use it Elon Musks SpaceX is the leader in reusable takeoff and landing rockets. Its tested a vertical take-off and landing of a small-scale rocket numerous times, and has begun including a vertical landing gear on its satellite launches. It has also landed a full-size rocket. But someone else has the patent on this kind of technology: Blue Origin, the space exploration company founded by Amazon CEO Jeff Bezos. While the company hasnt developed its technology as far as SpaceX, which already is launching satellites for commercial and government clients, it has been proceeding with a contract from NASA to develop a rocket-and-spacecraft combination.

SpaceX is challenging the Blue Origin patent in court, arguing that the idea of launching a rocket and landing it vertically is an old one, with plenty of available prior art, and that the Blue Origin patent doesnt actually lay out any unique technology that would be needed to execute this method. The reason for the filing is clear: If SpaceX succeeds in developing a vertical-landing rocket, Blue Origin could troll them with this patent, forcing litigation, settlement, or a licensing fee. If SpaceX would be your client what your line of argument be? Same question if Blue Origin were your argument. What if both companies were developing their technology with government funding, would that change your line of argument? a) Ways to search for patent applications; b) Ways to assess the companys financial ability to commercialize a patent; c) Ways to search for technology research grants subsequently patented and argue for Bayh-Dole license to a third party; d) Ways to search for IP law. S S E

N I S BU P I W LA R & G E R C E B EN M G O O LI I O L L L B TE TFO IN R PO

Ability to commercialize the patent: SpaceX or Blue Origin? Patent infringement anybody? BLOOMBERGLAW PRACTICE CENTERS BLOOMBERGLAW PRACTICE CENTERS PATENTS BLOOMBERGLAW BUSINESS INTELLIGENCE & IP PORTFOLIO Lets use it Elon Musks SpaceX is the leader in reusable takeoff and landing rockets. Its tested a vertical takeoff and landing of a small-scale rocket numerous times, and has begun including a vertical landing gear on its satellite launches. It has also landed a full-size rocket. But someone else has the patent on this kind of technology: Blue Origin, the space exploration company founded by Amazon CEO Jeff Bezos. While the company hasnt developed its technology as far as SpaceX, which already is launching satellites for commercial and government clients, it has been proceeding with a contract from NASA to develop a rocket-and-spacecraft combination. SpaceX is challenging the Blue Origin patent in court, arguing that the idea of launching a rocket and landing it vertically is an old one, with plenty of available prior art, and that the Blue Origin patent

doesnt actually lay out any unique technology that would be needed to execute this method. The reason for the filing is clear: If SpaceX succeeds in developing a vertical-landing rocket, Blue Origin could troll them with this patent, forcing litigation, settlement, or a licensing fee. If SpaceX would be your client what your line of argument be? Same question if Blue Origin were your argument. What if both companies were developing their technology with government funding, would that change your line of argument? a) Ways to search for patent applications; b) Ways to assess the companys financial ability to commercialize a patent; c) Ways to search for technology research grants subsequently patented and argue for Bayh-Dole license to a third party; d) Ways to search for IP law. S E U Q

? S N O I T

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