There has been close collaboration between the federal government and U.S. research universities since state universities began.  They focused on agricultural research.  During World War II universities such as MIT played a role in defense research.  The University of Michigan conducted research on radar.  The U.S. Defense Department stills uses university research.

Law enforcement, political leaders and industry are making a concerted effort to counter the production and sale of counterfeit brands, pirated goods and unauthorized brands (third shift). Yet the problem persists and is growing. As all parties struggle to stop these illegal activities, there is considerable harm being done to the world economy and national security is being put at risk by the criminal and terrorist organizations that feed off of the profits from these activities. There is no one simple solution, but a combination of efforts to both interdict the goods and to stop the public from illegally purchasing them would go a long way toward solving the problem. Interdiction efforts must get better in order to stop the flow of illegal goods. It is our goal to assist companies in their interdiction efforts before illegal goods enter commerce or at least before widespread distribution into channels of sale.

If small businesses are the true engines of our nation’s economic growth, perhaps The Creekmore Law Firm is onto something. The Blacksburg-based firm, with another office in Botetourt County, has just launched an unusual marketing strategy to target potential small business clients. It has eliminated hourly fees for most of its services and replaced them with an initial one-time fee of $750, plus a $75 monthly retainer. “We’re trying to stop

Key Issues in Patent Litigation PLI PATENT BASICS FOR THE NON-SPECIALIST

The much anticipated Federal Circuit opinion, In re Bilski, reaffirms the Supreme Court’s “machine-or-transformation” test for determining patentability of processes under 35 U.S.C. §101. The “machine-or-transformation” test requires that a process patent claim either be tied to a particular machine or apparatus or transform a particular article into a different state or thing. If a process patent claim meets either prong of this test, the claim passes Section 101 muster.

Traditionally, business methods, internet processes and software often have been considered unpatentable subject matter under 35 U.S.C. §101 because they are viewed as mathematical algorithms or abstract ideas not tied to any physical media or a “useful, concrete and tangible result.” However, in 1998, the Federal Circuit Court of Appeals dramatically changed this landscape in State Street Bank. Citing Diamond v Diehr, the Federal Circuit stated that the Supreme Court has indicated that “anything under the sun that is made by man” is intended to be patentable under §101, and held that business methods were not per se unpatentable. Since State Street Bank, obtaining patents in these areas has been easier, and many companies devoted considerable resources to developing or expanding patent portfolios in business methods, as well as internet processes and software. This all may change.