The Patent Quid Pro Quo is Alive and Well – Lessons from Amgen v. Sanofi

by Michael D. Hammer, PhD, Patent Attorney

The underlying basis for the patent right is a simple quid pro quo: in exchange for a detailed description of a claimed invention, including how to make and use it, an inventor can receive a time-limited, exclusive right to practice that invention. Critics may argue that patents stifle innovation, but the goal is exactly the opposite - to incentivize disclosure and increase the dissemination of new ideas for societal benefit. In the United States, this goal is enshrined in the constitutional authorization that creates a patent system to “promote the progress of science and useful arts.” From an inventor’s perspective, a basic question naturally arises from this idealized exchange: “How much information do I need to give to live up to my side of the bargain?” Recently, the US Court of Appeals for the Federal Circuit issued a decision in the ongoing dispute between Amgen Inc. and Sanofi (Amgen v. Sanofi (Amgen), CAFC February 11, 2021), which helps to answer this question.

Listen to the latest episode with Jeff Gabbay the Chief Scientist and President and founder of Argaman Technologies in Jerusalem.

Avraham Hermon sat down with Jeff to discuss how he built a successful tech company, lessons Jeff has learned over the years, how the company comes up with successful ideas and markets their products, dealing with competition, why Israeli tech companies are so successful, tips on raising capital and much more.

From the Legal to the Practical:
The Israel Trademark System
The Rights of Registered and Unregistered Marks in Israel

A Question & Answer series dealing with legal questions about the Israel Trademark System, rights and obligations, and practicalities.

Series Editor: Aaron Lewin, Israel Attorney at Law, Head of Trademarks at JMB Davis Ben-David

Contributors: Ms. Miriam Samis, Ms. Godiva Grant, Mr. Eviatar Aron and Ms. Daphne Lazar

6. Rights of registered and unregistered marks

6.1 What, if any, protection is afforded to unregistered trademarks?

Only the proprietor of a mark that is registered may....

Unregistered Marks: In accordance with TRIPS, the proprietor of a well-known mark, even if unregistered, has the right to....

Under certain circumstances, the proprietor of an unregistered mark may....

6.2 What legal rights are conferred by a trademark registration?

Trademark registration confers upon the proprietor....

6.3 If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?

Do you have any questions? Feel free to email any of the above-listed contributors.

Putting the Driver back into Driver Assisted Systems

by Jeremy M. Ben-David, Managing Partner, JMB Davis Ben-David

So is Facebook really and justifiably upset with Apple, or has Apple merely done for advertisers what Tesla should have done for its cars? And does Tesla need to stop?

OK, this probably sounds like I have just totally mixed up my cars, smartphones and social media…. but let me assure you that this is not the case. During the past few days, two stories on the technology section of the BBC website caught my eye. One of the stories, entitled Tesla: Elon Musk suggests Autopilot not to blame for fatal crash, was concerning a question as to whether Tesla’s Autopilot was implicated in a fatal car crash in which two back seat passengers were killed in a Tesla car which apparently had no human driver at the time.

Meanwhile, hot on the heels of that story, was another one, entitled Facebook v Apple: The ad tracking row heats up, about the ongoing feud between Apple and Facebook. In case you’re wondering about the stakes in this story, see Facebook’s revenue from advertising, which apparently rose from $764 million in 2009 to $84 billion in 2020(!)

But still, what’s the issue?