News From the Innovation Law Center

Innovation Law Center

The ILC is the designated NYS Science & Technology Law Center. It 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

Federal Circuit confirms use of ‘secret springing’ prior art in inter partes patent challenges

The U.S. Federal Circuit Court has ruled that patent applications filed before, but published after, a challenged patent can qualify as prior art in Patent Trial and Appeal Board (PTAB) proceedings. In Lynk Labs, Inc. v. Samsung Electronics Co., the court upheld the use of “secret springing” prior art, where patent applications become public only after the challenged patent is filed, under pre-AIA 35 U.S.C. § 102(e)(1). The court rejected arguments that such applications should not be considered “printed publications” in inter partes reviews (IPRs), clarifying that they are prior art as of their filing date. This decision affirms the Patent Office’s practice of including such references in IPRs, ensuring consistency and efficiency in patent invalidity challenges. Read more about the ruling here.

Thomson Reuters scores early win in AI copyright battles in the US

Thomson Reuters won a court victory against Ross Intelligence, with the 3rd U.S. Circuit Court of Appeals ruling that Ross cannot use Thomson Reuters’ Westlaw content to train its AI model without permission. The court rejected Ross’s “fair use” defense, which allows limited use of copyrighted works under U.S. law. This ruling is part of a growing trend of copyright lawsuits related to AI training, as authors and media outlets challenge tech companies over unauthorized use of their content. Read more about the case here.

Around NY State

CNYBAC Medical Device Innovation Challenge

The CNY Biotech Accelerator (CNYBAC) is now accepting applications for its 2025 Medical Device Innovation Challenge (MDIC), supported by a NYS Empire State Development grant. This marks the 9th year of the program, which has graduated 42 innovation teams. Up to five teams will be selected to receive mentorship, commercialization education, and access to resources like I-Corps regional courses, university engineering programs, and manufacturing support. Additionally, selected teams will receive commercialization research from The Innovation Law Center at Syracuse University. Applications are due by March 15, 2025. Read more about the program here.

Governor Hochul Announces $90 Million Plan to Expand Historic Empire AI Consortium and Enhance Computing Power for Public Good on Behalf of New Yorkers

Governor Kathy Hochul has unveiled additional details of her proposal to expand New York’s Empire AI Consortium, with $90 million in capital funding included in the FY26 Executive Budget. The investment will enhance the Empire AI supercomputer’s computing power, broaden access for SUNY researchers, and bring in new members, including the University of Rochester, Rochester Institute of Technology, and Icahn School of Medicine. The funding will be matched by $50 million in private contributions and $25 million in SUNY operating funds. This expansion aims to accelerate AI research and innovation for public benefit, solidifying New York’s leadership in the global AI race. Read more about the proposal here.

Upcoming Events

Remote Events:

Spotlight Conversation: Ahmed Mustafa, BioSpherix

Hear about the company’s strategic initiatives, including the launch of their Xvivo Ed and how you may be able to partner with their team.
Where: Virtual
When: March 12, 2025, 9:00 am- 9:30 am

Intellectual Property Fundamentals

What: A free, virtual session to learn about intellectual property (IP) basics and potential ways to protect your innovations as you transition from idea to product.
Where: To learn more or sign up for this event, click here!
When: March 17, 2025, 2:00 pm- 3:00 pm EST

In-Person Events:

Medtech Impact Symposium & Gala

What: Focusing on the technologies poised to shape the medtech industry, the day-long conversations will encompass integral industry topics, featuring world-renowned medtech leaders. Click here for information
Where: Renaissance Waterfront, Boston, MA
When: March 6, 2025

4th Annual Kingston Syracuse Pathway Conference

What: Advancing Health and Economic Development through Research and Innovation. No cost, registration required
Where: The Lodge, Skaneateles Falls, NY
When: March 27-28, 2025

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:

Questions or Suggestions: Contact Innovation Review Editor Patrick Cramer at nysstlc@syr.edu