The 2021 Trends That Shaped the IP Market in Five Major Industries

Directors Ryan C. Richardson and Joseph E. Mutschelknaus were quoted in the article “The 2021 Trends That Shaped the IP Market in Five Major Industries,” published by IAM. The article recaps the discussions that occurred during IAM’s Industry Review 2021 virtual event. Richardson spoke on the Automotive industry panel whereas Mutschelknaus spoke on the Software and AI industry panel. IAM writes:

Automotive

“For some observers, 2021 may be remembered as the year when it became clear that holdout in the auto sector is no longer a viable strategy for OEMs. Recent litigation battles indicate that courts will not accept car manufacturers trying to dodge agreeing deals by saying their suppliers ought to take licences, said Ryan Richardson, a director of Sterne Kessler Goldstein & Fox. That means automakers themselves must actively take part in talks or face being labelled as unwilling licensees. ‘You really have to engage in these negotiations and engage in them in a meaningful way,’ Richardson said. ‘Gone are the days when you can bury your head in the sand and say that it is someone else’s problem.'”

Software and AI

“Meanwhile, the market is also watching whether the US Supreme Court accepts review of the American Axle case, in the hope that it creates limits on Section 101 case law, said Joe Mutschelknaus, director in Sterne Kessler. He explained that the allowance rates for business method art had increased somewhat under former USPTO Director Andrei Iancu, but that the industry is now bracing for what happens under director-nominee Kathi Vidal if she wins Senate confirmation. ‘A lot of commentators think it is going to go back down but we will have to wait and see,’ he said.”