Intellectual Property Rights in an Increasingly Competitive World: Case Studies on Manufacturing and IT Products

Speaker Sessions
Academic Areas Operations Management
Ms. Denise W. DeFranco, Attorney-Partner, Finnegan, Henderson, Farabow, Garrett and Dunner, LLPMs. Denise DeFranco has successfully litigated cases involving a broad range of technologies, including biotechnology, medical devices, pharmaceuticals, telecommunications, electronics, and software. Ms. DeFranco is a frequent speaker at conferences throughout the country for major bar associations including the ABA Intellectual Property Law Section and AIPLA. She is called upon by such organizations to share her experience regarding the America Invents Act (AIA); inter partes review (IPR), post grant review (PGR), and covered business method (CBM) proceedings; patent protection for business methods; the extraterritorial enforcement of U.S. patents; the limits of the section 271(e)(1) safe harbor for drug development; the written description requirement of section 112 of the patent statute; and statutory subject matter.
Open to Public
A talk on ‘Intellectual Property Rights in an Increasingly Competitive World’ was taken by Ms. Denise W. DeFranco, Attorney – Partner, Finnegan, Henderson, Farabow, Garrett and Dunner on 13 Jan 2014 at our Mohali campus.
 
IP has significant importance in the manufacturing, IT and pharmaceutical industry on the global stage. As Indian companies make forays in the global market, understanding the nuances of IPR becomes an issue of primary importance.
 
The talk by Denise covered Strategic IPR Management, the eligibility for patent protection, and substantive legal Issues facing manufacturing and IT Industry.
 





In the words of Denise, Strategic IPR management is a rigorous and proactive approach to creating, maximising, and using IPR assets to increase corporate value. It is “Strategic” because it aligns IPR decisions with business unit goals. Its value can take many forms—cash; market exclusivity; basis for cross-licensing, joint venture or other types of collaboration, etc.
 
Denise covered in detail the eligibility for patent protection, patentable subject matter and the un-patentable fundamental principles. This lead to an animated discussion with the audience; especially in relation to Indian Basmati rice and the problems faced in its patenting.
 
Denise explained the substantive legal issues in manufacturing and IT by citing actual cases in the US Supreme court such as Graham v. John Deere Co., 383 U.S. 1 (1966), Teleflex v. KSR, 127 S.Ct. 1727 (2007), 2010: Bilski v. Kappos, U.S. Supreme Court and 2012: Mayo v. Prometheus, U.S. Supreme Court. The talk by Denise was an eye opener for the uninitiated and besides unravelling the complexities in the IP regime it also brought out as to how IPR is a source of capital for companies.