News From the Innovation Law Center

JOIN US: FEBRUARY 13TH SYMPOSIUM: VENTURE TO VICTORY: PIONEER PERSPECTIVES IN TECH, VENTURE, AND PRIVATE EQUITY 

The symposium will feature a panel of successful entrepreneurs, financial investors, and legal experts in a discussion on the challenges that high growth, privately held tech companies face as they take on private equity, venture capital, or other forms of funding. Panelists will cover investment deals they have completed, trends in financing, and their career paths in the technology commercialization space.   
Part of the focus of high-growth startups is readiness for VC investment or an exit. Exits can be via an acquisition by another company or a private equity (PE) fund. Learn more about what is involved with VC investment and PE acquisition at the February 13th symposium from 1:30 p.m. to 4:30 p.m. at the Syracuse University College of Law. The symposium is geared to those interested in the legal, financial, business, and entrepreneurial aspects of high-growth companies. The event is free – register and learn more below. 
 
REGISTER NOW  

NYT and OpenAI dispute 
 
Syracuse law professor Shubha Ghosh is the director of the Syracuse Intellectual Property Institute (SIPLI) and teaches courses such as Business Associations and Advising a Start-Up I and II. He is the Intellectual Property Institute (SIPLI) and teaches courses such as Business Associations and Advising a Start-Up I and II. He has published widely about intellectual property. Professor Ghosh regularly contributes to the Innovation Review about issues related to IP news and court cases relevant to technology commercialization.  
This month he considers copyright infringement claims against Open AI and Meta alleging illegal use of copyrighted materials to train AI systems. Read the article titled, “Is Fair Use a Defense Against AI Training with Copyrighted Materials?”, here.  
 
He also provides a follow-up to his December 2023 column concerning the Federal Trade Commission v. Microsoft case being litigated in the U.S. Court of Appeals (9th Circuit) in an article titled, “Epic Battle Over Gaming Platforms Continues”. Read his article here.

Innovation Law Center  

The ILC is the designated NYS Science & Technology Law Center. NYSSTLC is funded by the Empire State Development Corp. to provide information and research on legal issues relevant to the technology commercialization process. Research is available to early-stage companies, research centers, economic development agencies, technology transfer offices and researchers throughout New York State.  Research on the intellectual property, competitive and market landscapes relevant to a new technology are completed by law and business students under supervision of faculty.   
If you are interested in having the ILC complete research, please submit a request here.   

IP / Regulatory Law Watch

Masimo v. Apple  

In 2020, Masimo filed suit against Apple for patent infringement. Masimo is a health technology corporation that concentrates on manufacturing monitoring devices and technology. Masimo alleged that Apple infringed on their patented technology when they released a newer version of the Apple Watch with the capability to measure the percentage of oxygen carried from the lungs to the rest of the body. In October of 2023, the International Trade Commission ruled in favor of Masimo. The Commission ordered Apple to stop selling devices that used the infringing technology. 

The revenue generated from Apple Watch sales constitutes an enormous portion of Apple’s multi-billion revenue. Apple is currently still the largest smartwatch-selling corporation globally. According to Masimo company high executives, Apple was given the option to negotiate a licensing agreement with Masimo but Apple decided rather to appeal to the Biden Administration with hopes that they would reverse the International Trade Commissions ruling. The U.S. Court of Appeals for the Federal Circuit declined to reverse the holding. In order to mitigate the losses associated with the ruling issued by the International Trade Commission, Apple sought permission to continue selling its ‘Apple Watches’ by simply disabling the infringing technology. This is an unusual step for Apple and even more so an unexpected result as the corporation has relied on previous presidential administrations to reverse numerous International Trade Commission rulings against them. 

Process for Correcting Patents Eased 

The U.S. Patent and Trademark Office (USPTO) will finally begin allowing electronic corrections to patents. Certificates of Correction are issued to mistakes of minimal and minor character provide the correction does not require changes triggering reexamination. Until this change, Certificates of Correction were only issued on paper and physically mailed. The change goes into effect January 30, 2024. For more information see the USPTO webpage.  

Supporting Independent Inventors 
 
As part of an effort to support independent inventors, the USPTO offers a plethora of training and information opportunities. On February 27 and 28, a two-day workshop on assessing the strengths and weaknesses of a potential patent application is being offered. The focus of the workshop will range from public patent search tools to legal counsel options through the USPTO’s Pro Bono Program – all assets to first-time patent filers and (future) innovators. See also USPTO’s Public Engagement Partnership meeting series on understanding the patent system here.  

Around NY State

Upstate New York Tech Hub Designations Promise STEAM jobs 

Two federal tech hub designations – the New York Semiconductor Manufacturing and Research Technology Innovation-Corridor Consortium, (NY SMART I-Corridor), and New Energy New York (NENY) batter production offer the promise of new technology manufacturing jobs in semiconductor and lithium ion battery production.  
 
New York State is confronting the need to prepare students for the jobs demanded by the growing operations. Part of this preparation includes a first ever county-wide STEAM school in Syracuse, announced by Governor Hochul in December.  
 

Governor Announces $228 Million in Federal Funding to Provide Internet to Homes in Underserved Communities 

NY Governor Kathy Hochul announced that $228 million of federal funding will be used to launch ‘New York’s ConnectALL Municipal Infrastructure Program‘. This program is to connect thousands of New York state homes to the internet. This effort was made to ensure that all New Yorkers within underserved communities have the opportunity to participate in the growing technologically dependent twenty-first century economy.  

Upcoming Events

Remote Events:  

SBIR/STTR – AMA to Protect Your Intellectual Property!  
What: An “Ask me anything” (AMA) pertaining to cybersecurity and information from the Department of the Air Force/Space Force, Office of Chief Information Security Officer (CISO) hosted by the SBIR (Small Business Innovation Research) and STTR (Small Business Technology Transfer) programs. SBIR and STTR fund technology startups. The workshop will explain the programs and the application process for them.  
Where: Virtual (Register for free here) 
When: February 6, 2024 from 1 p.m. to 3 p.m. EST 

UPSTO: The Path to a Patent, Part IV: Learn How to Draft a Patent Application 
What: The USPTO is providing a free lecture series on what an entrepreneur will need to draft and submit for their patent application. This virtual event is part of a larger series about other types of training for investors, entrepreneurs, and even small businesses.  
Where: Virtual (Register for free here)  
When: Ongoing series. Parts IV – VIII will be held on Feb. 1, 15, 22, 29, and Mar. 7, 2024 respectively.  
 

In-Person Events: 

Venture To Victory: Pioneer Perspectives In Tech, Venture, And Private Equity Symposium  
What: Symposium of panelists discussing challenges that high growth, privately held tech companies face as they take on private equity, venture capital, and other forms of funding. The symposium is geared to those interested in the legal, financial, business, and entrepreneurial aspects of high-growth companies. 
Where: Dineen Hall in Melanie Gray Ceremonial Courtroom (Register for free here); Live streaming is also available 
When: February 13, 2024 from 1:30 p.m. to 4:30 p.m.

American Bar Association Intellectual Property Law (ABA-IPL) Annual meeting 
What:The IPLPSPRING is an annual conference held annual to address cutting edge topics such as updates in the Copyright Office, advancements in AI technology, pending and recently passed legislation, the discourse surrounding patents and inventions involving AI, cultural and social responsibility in Trademark branding, many other topics.    
Where: Bethesda North Marriott Hotel and Conference Center – 5701 Marinelli Road, Rockville, MD 20852  
When: April 17-19, 2024 
 
Do you have an event or schedule you would like to advertise? Contact Karen Scullion at nysstlc@syr.edu to share it in our next monthly newsletter. 

Funding Opportunities

From early-stage non-dilutive funding to tax benefits and investment funds, NYS has a number of funding resources for inventors and entrepreneurs. Check out the links below for more information:  

• USPTO Law School Clinic Certification Program
  • The USPTO has a directory for participating law schools throughout the U.S.
• VLA Patent Pro Bono Program
  • Volunteer Lawyers of the Arts helps inventors in the NYC area with drafting patent applications. 
• Empire State Development 
  • ESD offers several resources, including: Start-UP NY, the Innovate NY Fund, NY Ventures, and the Small Business Credit Initiative (SSBCI).  
• FuzeHub 
  • This company points to a collection of resources for manufacturing and technology start-ups. 
• 43North 
  • 43North annually invests in startup companies located in Buffalo, NY. 
• Pursuit Lending 
  • Pursuit provides loans and information for small business owners in NY. 
• America’s Seed Fund 
  • The National Science Foundation (NSF) invests in early-stage projects with this fund.
• NYS Investment Entities, Including:  
  • Cayuga Venture Fund
  •  Excell Partners 
  • ff Venture Capital 
  • Golden Seeds 
  • Partnership Fund for NYC 
  • SCP Incubators / Z80 Labs 
  • Stonehenge Capital 
• SBIR/STTR Assistance Program. A NYSTAR funded program to help eligible NYS-based companies hire a qualified SBIR/STTR consultant to help them develop an SBIR/STTR proposal.

Questions or Suggestions: Contact Innovation Review Editor Beatrice Nkansah at nysstlc@syr.edu