Washington
We can’t let Washington undermine NJ’s economic engine: intellectual property | Opinion
3-minute read
Phil Murphy on NJ leaders in A.I. during 2024 State of State Address
Governor Phil Murphy’ discusses leading the country in artificial intelligence at the 2024 State of the State Address.
New Jersey is building the technologies that will define the 21st century.
We’re a national leader in clean energy, with annual energy savings that surpass those of all but three other states. We’re developing breakthrough cures and treatments as the home of 13 of the nation’s 20 largest drug companies. And our new AI Hub, a collaboration between the New Jersey government and Princeton University, will soon put the Garden State at the forefront of U.S. artificial intelligence research.
Yet federal policymakers have cast a cloud over New Jersey’s bright future. For years, they’ve allowed foreign countries to erode the very foundation of our state’s economy: intellectual property, or IP, rights.
With a new administration and Congress in place, New Jersey’s representatives must take a stand in support of IP, before complacency in Washington tears down the dynamic economy we’ve worked so hard to build.
This is why NJ needs robust IP protections
IP rights are the cornerstone of technological progress. They give inventive companies the legal certainty that their ideas and breakthroughs won’t be stolen, which in turn allows them to bring investors on board. Without these protections, investors would be reluctant to commit the massive sums necessary to embark on risky, trailblazing projects.
New Jersey exemplifies the economic benefits that robust IP protections bring. Manufacturing, a field that relies heavily on patent rights, contributes over 10% of our state’s GDP. Other major sectors, like the life sciences, computer technology, and transportation, are similarly IP-intensive. In total, IP-dependent industries employ one in three New Jersey workers.
That’s why it’s so alarming that, in recent years, the federal government has been derelict in protecting Garden State companies’ IP from violations abroad.
Traditionally, federal policymakers have defended IP through something called the Special 301 Report. Issued annually by the U.S. Trade Representative, this report highlights global IP threats like piracy and patent theft, broadcasting to the rest of the world that America won’t tolerate violations of its citizens’ IP. The report also flags the economic impact of sectors that rely on IP.
But for the past four years, the Biden administration weakened the Special 301 Report, softening its stance on numerous common IP violations, omitting some entirely, and cutting out the economic impact of IP-intensive industries.
So more than ever, foreign countries have been emboldened to steal the fruits of New Jerseyans’ hard work and ingenuity.
Look no further than the COVID-19 pandemic. Strong patent protections empowered New Jersey firms like Pfizer and Johnson & Johnson to lead the way in vaccine development, saving millions of lives.
Yet soon afterward, despite no evidence that patents were limiting global vaccine distribution, USTR authorized countries around the world to ignore the patents on those vaccines.
In the years since, the Special 301 Report has erased all mention of the threat posed by such unilateral IP seizures, known as “compulsory licensing.” With America’s tacit approval, Colombia and the European Union are moving forward with more expansive compulsory licensing policies that threaten our state’s world-leading biopharma sector.
New Jersey companies cannot lose their ability to invest in innovation
If we don’t act soon to stop these efforts, New Jersey companies will lose much of their ability to invest in new treatments, stunting the medical progress that drives job growth here and saves lives around the globe. Bringing a new drug to market can cost upwards of $2 billion and take over a decade of research, with no guarantee of success. Undermining patent protections makes it harder for companies to justify these high-risk investments, especially in complex areas like oncology or rare diseases.
Those aren’t the only assaults on IP that USTR has permitted. Take drug price controls in Canada that undervalue innovative medicines. Or consider the restrictions on patenting imposed by countries like Argentina and India.
By limiting U.S. companies’ ability to protect their inventions and earn revenue abroad, these policies hamstring domestic research and development, leading to less investment and fewer jobs in New Jersey’s high-tech industries.
Past Special 301 Reports took strong stands to prevent foreign countries from undermining our economy with policies like these.
But for the last four years, USTR was silent, even as foreign IP infringement continued to mount.
New Jersey’s representatives in Congress must ensure this year’s report unequivocally condemns attacks on U.S. IP rights. Holding our trading partners accountable for violations will help safeguard our investments in medicine, renewable energy, and AI — ensuring the benefits stay with our workers and residents rather than flowing to foreign competitors.
New Jersey is leading America into the future. It’s time for Washington to do its part by backing our efforts with a strong Special 301 Report.
Sandip Shah, a visiting professor at Rutgers University, is founder and president of Market Access Solutions, which develops strategies to optimize patient access to life-changing therapies.
Washington
DOJ asks judge to allow search of Washington Post reporter’s phone, laptops
The Justice Department (DOJ) is asking a federal judge in Virginia to allow it to conduct its own search of a Washington Post reporter’s seized electronic devices, rather than have the court do the review.
Federal prosecutors urged U.S. District Judge Anthony J. Trenga in a March 31 court filing to overturn a lower court ruling that prohibited the DOJ from using a “filter team” to search reporter Hannah Natanson’s phone and laptop as part of an FBI investigation into a government contractor accused of leaking classified material.
Magistrate Judge William Porter ordered in February that the government could not “open, access, review, or otherwise examine” any of Natanson’s “seized data,” instead authorizing an independent judicial review.
“Given the documented reporting on government leak investigations and the government’s well-chronicled efforts to stop them, allowing the government’s filter team to search a reporter’s work product—most of which consists of unrelated information from confidential sources—is the equivalent of leaving the government’s fox in charge of the Washington Post’s henhouse,” Porter wrote.
Federal prosecutors have pushed back, arguing that Porter’s order infringes on the separation of powers by shifting an executive branch function into a judicial one.
They also asserted that it could compromise the neutrality courts are meant to maintain in overseeing search warrants and related proceedings.
“That principle is even more important here because the search authorized by this warrant involves the identification and seizure of classified national defense information, a responsibility the law entrusts to the Executive’s expertise,” federal prosecutors wrote.
The case stems from an FBI search of Natanson’s home in January, in which agents took two laptops, a cellphone and a Garmin watch belonging to the journalist, who had been reporting on the Trump administration’s effort to trim government spending and cuts to the federal workforce.
The search was conducted in connection with a government system administrator in Maryland, who is now behind bars, according to the DOJ.
Attorneys for the Post have contended that the warrant and subsequent search were an example of federal overreach and violated First Amendment press protections.
“The government should not receive permission to rummage through a reporter’s professional universe,” Simon Latcovich said during a Thursday hearing, according to The Post.
The newspaper reported that Trenga, appointed by former President George W. Bush, said he would “get a decision shortly” but seemed skeptical that Porter’s ruling would hamper the DOJ’s ability to build its case against the contractor.
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Washington
Obama musical tickets; when to go, what to know about ‘44’ in DC
Obama surprises veterans on honor flight to DC for Veterans Day
Former President Barack Obama greets veterans arriving in DC, thanking them and gifting Presidential Challenge coins.
A critically acclaimed musical about Barack Obama is coming to Washington DC for the first time, with tickets still available for its limited run.
After making its world premiere in Los Angeles in 2024, “44: The Musical” had stops in Chicago, Philadelphia and New York City.
Now it’s coming to DC for a 25-show run at the Shakespeare Theatre Company’s Klein Theatre just a few blocks away from Obama’s former home at the White House.
Here’s what to know about the musical and how you can get tickets.
What is ’44: The Musical’ about?
Told through the “hazy recollection” of Obama’s vice president, Joe Biden, the musical features original songs that capture key moments of Barack Obama’s presidency with satire, humor and a dose of political nostalgia.
“’44: The Musical’ is the story of Obama you won’t read about in history books… because history books are now banned in most states,” Shakespeare Theatre says on its website. “But also because ’44’ is the story of Obama as Joe Biden kinda sorta remembers it.”
The musical features 24 songs through a wide range of genres, including R&B, gospel and pop, along with “a live-band driven score (that captures) the music, momentum and communal spirit that defined a generation.”
Characters in “44: The Musical” include Obama and Biden, Sarah Palin, Michelle Obama, Mitch McConnell and Ted Cruz.
Runtime for the musical, written and directed by former Obama campaign staffer Eli Bauman, is two hours and 15 minutes.
When is ’44: The Musical’ coming to Washington DC?
“44: The Musical” begins its limited run at The Shakespeare Theatre on April 18.
There will be 25 shows, with the last two coming on May 10.
How can you get tickets to the Obama musical in DC?
You can purchase tickets for “44: The Musical” at ShakespeareTheatre.org.
As of April 10, all 25 shows had seating availability.
“The people of D.C. deserve an infusion of joy right now,” Bauman said in a press release. “With all the heaviness going on in our country, ’44’ is here to provide a fun night out — where a room full of strangers can laugh and reminisce about a time when the country felt full of hope, and when the biggest presidential scandal was wearing a tan suit.”
Washington
Program cuts could lead to WA campground, trail closures
GOLD BAR, Wash. — Hikers, bicyclists and other park-goers can expect to see restrictions at state park trails and campgrounds as the Department of Natural Resources (DNR) reviews where it will reduce recreation access across the state.
The DNR explained the upcoming restrictions are because of state budget cuts combined with an ongoing lack of funding for maintenance and staff.
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Some park goers told KOMO News they are frustrated their tax dollars may not keep their favorite trails open.
Riding dirt bikes at Reiter Foothills State Forest is a family affair for the Millers.
“This is local, so it’s nice here. I love it here,” said Jacob Miller from Monroe.
“This is the first time I’ve gone riding somewhere that’s not my house,” Miller’s son Sterling added.
Excitement is building for more trips over the summer, but trails and campgrounds at state-managed areas are at risk of service disruptions and even closures amid a budget crisis.
“Keep the trails open. Let us play here. It really would suck if we don’t have that area anymore,” Miller’s wife Danielle stated.
The governor signed off on the final budget, which cuts $750,000 a year in funding to the DNR’s Recreation Program. It clears trails, cleans restrooms, and addresses ongoing public abuse of millions of acres of land.
The reduction comes in addition to millions of dollars in prior cuts made to the program’s operating budget for the 2025-2027 biennium.
A draft list of potential impacts includes late openings or closures to 13 campgrounds; seasonal bathroom closures at sites in the Snoqualmie area; and partial closures at the Reiter Foothills State Forest.
“I guess it just feels horrible, right? Because, we don’t have very many places to go,” Danielle stated.
These changes are expected even after the state boosted the price of the Discover Pass in October. That’s expected to generate $1.2 million for DNR, but a spokesperson says it’s not enough to cover a roughly $8 million gap.
Miller adds he’s confident avid trail-goers will find some sort of solution.
“The trails have been here before Washington state was involved,” Miller said. “They got involved and the trails are great now. But, there’s plenty of volunteers that are willing and able to [help]. I don’t think they need to be shutting down trails.”
DNR is identifying places that are the most expensive to manage and that would be easiest to close or reduce services. The agency expects to have an updated list of impacts in a few weeks.
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