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UFPR Submits Feedback on Proposed Changes to Post-Grant Review Proceedings under the America Invents Act (AIA)

by Policy

United for Patent Reform (UFPR) is a broad coalition of diverse American businesses advocating for a patent system that enhances patent quality, advances meaningful innovation, and protects legitimate American businesses from abusive patent litigation.

UFPR submits feedback to the Advance Notice of Proposed Rulemaking (ANPRM) on proposed changes to post-grant review proceedings under the America Invents Act (AIA).

The UFPR emphasizes the importance of the patent system working to support innovation and deter abusive litigation that drains resources from investment and job creation. It states that while many members of UFPR hold patents, a significant percentage of them have no patents and often face lawsuits or threats of lawsuits from non-practicing entities (NPEs) asserting vague and over-broad patents.

UFPR argues that the proposals in the Advance Notice of Proposed Rulemaking (ANPRM) would undermine the purposes of post-grant review procedures, conflict with the America Invents Act (AIA), and limit access to inter partes review (IPR) for challenging the validity of patents. The proposed rules suggest restrictions on who can file an IPR, impose higher standards for petitioners, and limit access based on relationships with prior petitioners or challenges against patents held by small businesses.

UFPR opposes the proposed rules that weaken IPR and restrict access to AIA proceedings. It argues against the “substantial relationship” test, restrictions on challenges by nonmarket competitors, exemption of patents held by small businesses from PTAB review, and the denial of petitions based on district court trial timelines. Instead, UFPR suggests issuing a final written decision for an instituted IPR within six months when one of the parties contests a stay of parallel litigation as an alternative solution to address concerns about duplicative proceedings.

UFPR share the PTO’s goals of improving both patent quality and the efficient administration of the IPR system that Congress designed. Unfortunately, the proposals advanced through the ANPRM accomplish neither of those goals, directly flying in the face of Congress’s express intent.

Read the Full Letter Here
Media Library (93)

SIIA Urges Delaware Senate to Enhance Privacy Bill

by PolicyUncategorized

SIIA encourage to align Delaware HB 154 more closely with consumer privacy best practices found in comparable state laws, as well as correct a likely drafting error that nevertheless implicates serious constitutional concerns within the bill’s exemption for “publicly available information.”

1.HB 154 includes several outlier definitions that muddy its scope and additionally burden businesses while adding few corresponding protections for Delaware consumers.

2. The bill mandates controller responsibilities and consumer rights that create impracticalities for well-intentioned businesses, instead gifting malicious actors opportunities to manipulate these requirements in bad faith.

3. HB 154 lacks routine exemptions and would limit positive and uncontroversial uses of data, opening up Delaware businesses to liability for societally beneficial activity.

4. As written, the bill’s exemption for publicly available information requires this data to be made available not only by government records but also the consumer. Requiring both for this data to be exempted is unworkable and likely unconstitutional.

By heeding the SIIA’s recommendations, Delaware can strike a balance between protecting consumer privacy and avoiding undue burdens on businesses while safeguarding constitutionally guaranteed speech interests.

Read Full Letter Here
Cusromer receiving automated marketing message, tiny people. Marketing automation system, automated advertise message, marketing dashboard concept. Bright vibrant violet vector isolated illustration

New Report Urges a B2B Digital ‘Catch Up’ With a ‘Consumer Engagement Mindset’

by Media

“I don’t think the separation of professional and personal will remain. You buy as an individual, as a consumer. There is a crossover if it is a small business audience,” a UK B2B marketing agency CEO said in a new report. We open work emails on weekends. We do errands on Tuesday afternoon. A new report says B2B should think more like B2C, meaning more consumer-like—and social—outreach.

I asked a small niche B2B publisher last night who is visiting about one of the audiences he serves. It’s a group of volunteer folks on boards across the country.

“Oh so it’s almost B2C?” I asked.

He nodded. “Yes, it’s pretty close; we’re marketing to individuals. Except they rotate on and off so you’d ideally like to have the boards themselves as members.”

This morning I’m reading “Outlook for B2B Marketing: A Market in Transformation,” a June 2023 report put out by the Winterberry Group. (Download here.)

One of their 9 key trends is that organizational transformation will be continuous. “Expect that until such time as B2B has caught up in digital experience, hiring will ‘borrow’ from B2C brands or the B2C part of the organization, bringing more best practices and a ‘consumer engagement’ mindset to B2B. Engagement may begin online, but then move through in-person experiences that are amplified digitally and integrated across physical and digital touchpoints.”

Here are more takeaways from that report with some comments:

Integrate more B2C tactics. “Generational change, particularly millennial ascendancy, will be one of the primary drivers of the next stage of B2B marketing.” They say as our personal lives move even more online, our work lives will follow. I see that with a social platform like Instagram; at first it focused on what we’re doing socially. But now with Instagram Live interviews and accounts like #EmilyDaviesreports, where the Washington Post reporter gives readers a behind-the-scenes look into her process, we’re seeing more business uses.

Value your customer data. “The increased emphasis on delivering personalized experiences necessitates marketers gain deeper access to customer data, which is essential to understand potential customers’ needs, preferences and behaviors… Data and privacy will be inextricably linked as a driver and enabler of trust and transparency with improved performance.”

Teach your staff well. The survey shows a big gap in “the discord in metrics and KPIs used by sales and marketing divisions. In Europe, there’s a lack of communication or collaboration between teams. “Constructing incentive structures that uniformly reward sales and marketing functions can create a powerful motivational force, driving performance and delivering superior results.” More than half of respondents (56%) said that there’s insufficient training or resources for sales teams to effectively leverage marketing materials.

Host more hybrid events. Okay, so 5 years ago it was all about in-person events. Then the pandemic hit, and we all became quasi-experts in digital events and Zoom rooms. Now, we’ve returned to in-person events and a lot of advice has been offered about how hard it is to do hybrid. But I’ve seen it done successfully, notably in an Agri-Pulse event last year.

Offer virtual learning. According to their survey, 38% of respondents said they’ve increased their reliance on both in-person and online experiential and event planning. But 36% are still boosting their online event marketing at the expense of in-person strategies. The niche publisher I referred to early on here drew 700 people to an AI webinar they conducted. He was astounded. Remote work has gotten people much more used to virtual learning, and that’s not going away.

Do omni-channel marketing. “The reshaped marketing funnel demands a holistic integration of campaigns across all platforms, allowing marketers to target identical audiences through different mediums. This evolution requires B2B sales personnel to adapt their strategies, focusing more on integrative consulting rather than merely pushing their products.” We all prefer different ways to receive information.

Be creative in finding talent. I wrote last week that remote work was giving media companies more access to talent, especially diverse talent. “In European markets, we’re witnessing a dearth of analytical talent coupled with a lack of data strategy and integration services,” said a CEO of a European CRM Provider. Money-Media has gone to professors at HBCUs to address the talent shortage. (More on that later this week.) It will take more outreach and creativity to fill the new roles that have emerged since the beginning of the pandemic.

 

 

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TECH& with Sruthi Thatchenkery, Assistant Professor of Strategy, Vanderbilt University

by PolicyTech&

Join Morten Skroejer and Sruthi Thatchenkery in this engaging Tech& discussion as they delve into the effects of antitrust actions on large online platforms. The discussion highlights the need for careful consideration of specific outcomes and effective regulatory measures in the digital economy. Don’t miss this engaging conversation on the evolving landscape of antitrust in the digital age. Gain a deeper understanding of the challenges and potential solutions for ensuring fair competition and innovation in today’s digital markets.

Watch the full conversation here

Media Library (72)

Listen, Debrief, Take Notes and Let It Be: Taking Full Advantage of Your In-Person Events

by Uncategorized

It felt so good to be networking on Sunday at an industry event. There are still certain discussions that just work best face-to-face, without our precious Zoom windows and lovely pets at our side.

If you haven’t been to an event in a while, it will be like riding a bike—once you start engaging, it will feel comfortable again—but there’s so much more that we can get out of these events if we come with a little preparation.

The perfect time to test out your learning and networking skills will be June 27-28 as our AMPLIFY 2023 Content & Marketing Summit takes over Washington, D.C. (See the awesome agenda here.) To get you ready for that event and others you might be attending, here’s a primer on how to get the most out of your events.

Another purpose is for you to borrow these tips for your own event audience. The fall will be jam-packed with in-person events, so this can be a great refresher course for your attendees. To make it even more interesting—and to celebrate a new Beatles song in the works with an AI-aided John Lennon—we’ve given the list a Beatles twist with Fab Four song title subjects. Enjoy.

Listen. Do You Want to Know a Secret? “It’s easy to get distracted and think about what you’re going to say after the person you’re talking to finishes their point,” wrote blogger Nathalie Lussier. “Don’t let your mind take over! Instead, focus on what the people you’re with are saying and chime in without pre-rehearsing what you’re going to say in your head. I promise it will come out just as smart, but you’ll have the added benefit of knowing exactly what people are saying and giving them your full undivided attention.”

I’ve Just Seen a Face. Jot down notes and information. Yes, I mean in longhand. When you get a business card, write down what made you ask for the card on the back. I can recall times when I empty my pockets after a long day at a conference, see a bunch of business cards, and don’t quite remember what I was going to follow up about. Many designers now leave business cards blank on one side just for that reason. Of course, writing notes on your phone also works.

The Long and Winding Road. Focus your attention on possible outcomes. “Many people think of networking as showing up, randomly interacting, and hoping something good will happen,” wrote Jeff Korhan, author of Built-In Social: Essential Social Marketing Practices for Every Small Business. “You have to be crystal clear about what you want so you can communicate it to others and recognize it when you see or hear it.”

Please Please Me. Increase the probability of favorable outcomes. Korhan scripts his daily schedule for meetings, breakfast, exercise and all. For in-person events, he likes to show up a bit early; “it’s a great time to make invaluable connections,” he writes. “Simply put: Smart networkers always plan for serendipity at live events.” I love this having written a column once titled, ‘You Want to Leave Room for Magic’; How to Plan for Serendipitous Outcomes.

With a Little Help From My Friends. Articulate what your company and colleagues have had success with. One of my favorite interview questions these days is, tell me something you’ve done recently that’s been successful. Everyone is looking for ways to grow their organization. If you can clearly articulate what you are doing well, others will do the same for you. And that will facilitate a better discussion.

We Can Work It Out. Do research about those you may want to connect with. Knowing something specific about other organizations always makes for interesting conversation. The best opportunities are often squandered because someone is not ready. Here is the link for the organizations coming to AMPLIFY 2023. You can also look at the EXCEL finalists in a specific category—maybe podcasts, website design—so that when you see a person from there you can ask questions.

Come Together. Saying hi to old friends is certainly more important now—we’re all concerned about our mental and physical health after the last few years. And that’s part of what makes a conference great. But you want new connections too—so much has changed. Perhaps it’s a younger person who looks a little isolated. These days, we can learn as much from them as they can from us. Or it’s someone who may not have a clique or posse to turn to.

Act Naturally. We share so many more commonalities now about our home offices, kids, pets, Zoom backgrounds, etc. “Have you really read all those books behind you, won all those awards, have that beautiful garden?”

Getting Better. Debrief throughout the event. This is important. You will experience information overload at AMPLIFY 2023 (and other events) so take a few minutes each evening to digest what you have learned and the people you have met. Call it doing your homework before going home.