Washington
We can’t let Washington undermine NJ’s economic engine: intellectual property | Opinion
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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
Devils Head to Nation’s Capital | PREVIEW | New Jersey Devils
THE SCOOP
The Devils opened their five-game road trip with a 6-3 victory at New York’s Madison Square Garden on Wednesday night. New Jersey’s faces Washington on the second leg that includes stops in Dallas, Nashville and Carolina.
New Jersey is now 7-2-0 in its past nine games. The Devils are enjoying an offensive explosion of late. During their past nine games, New Jersey has totaled 4.11 goals per game. And they’ve scored 10 power-play goals on 24 opportunities (42%).
The Caps head into the back half of their season-long four-game homestand on Friday night when the New Jersey Devils make their second visit of the season to DC. Washington has earned at least a point in each of the first two games of the homestand, taking a 3-2 shootout loss to the Bruins last weekend before beating the Senators by a 4-1 count on Wednesday.
Wednesday’s win still leaves the Caps with less than a 10-percent chance of slinking their way into the Stanley Cup playoffs. With just 13 games remaining on the season, the Caps will likely need to win at least nine – and likely 10 or 11 – of those games to have a viable chance of getting in.
Rookie Cole Hutson, who made his NHL debut Wednesday night, also picked up his first career NHL goal with an empty-netter. Hutson was a second-round pick (43rd overall) in 2024.
Washington
New Washington law reaffirms ban on voting more than once in an election
A new state law aims to erase any confusion about Washington’s ban on voting more than once in an election.
Its approval follows a court decision that officials warned could incite voter fraud.
Longstanding Washington law makes it illegal for a person to cast more than one ballot in any election in the state, or to vote in any election in this state and another state during the same period.
But a state appeals court in January overturned the felony conviction of a Lewis County resident found guilty of voting twice in November 2022 — once in Washington and once in Oregon. The court concluded that because the candidates and measures differed on the two ballots, one could interpret them as different elections under Washington law.
“This fixes an ambiguity in state law,” Gov. Bob Ferguson said Tuesday before signing Senate Bill 6084. It contains an emergency clause and took effect immediately.
“Voting more than once in an election is an affront to everyone who participates in our democracy,” Ferguson later wrote on X. “This bill makes it clear that double voting is illegal.”
The legislation sponsored by Sen. Adrian Cortes, D-Battle Ground, adds language to existing law to spell out that “election” refers to any general, primary, or special election.
“An election is the ‘same election’ if the election date is the same, regardless of the candidates, offices, issues, or measures on the ballot and regardless of the date on which ballots are mailed or returned,” reads the bill.
Secretary of State Steve Hobbs asked lawmakers to act swiftly, worried the court ruling opened the door to the potential of voters casting more than one ballot in November.
“This legislation helps to ensure that Washington’s elections remain secure, accurate and fair,” Hobbs said in a statement.
In Washington, voting more than once in an election is a class C felony punishable by up to five years in prison and a $10,000 fine.
Meanwhile, Lewis County is appealing the January decision to the Washington Supreme Court.
This story was originally published by the Washington State Standard.
Washington
Trial for murder at Catholic University stalls after detective charged with misconduct
The murder trial of a man accused of killing a teacher on the campus of Catholic University in 2023 was supposed to start Wednesday. But that case has been thrown into turmoil after defense attorneys say the lead D.C. police detective was removed from the case and charged with misconduct.
New court documents reveal the detective is accused of having sex on the job and recording it on a police-issued cellphone.
In a hearing one of the supervisors admitted was highly unusual, the judge and the defense attorneys wanted to know why the U.S. Attorney’s office did not disclose until last week that the lead detective in the murder of 25-year old Maxwell Emerson was removed from the case just weeks after an arrest was made and placed under investigation for alleged misconduct.
In a motion filed Tuesday, the defense said, in part “The government withheld evidence that its lead detective, Detective Thomas Roy, had engaged in conduct so concerning that the Metropolitan Police Department proposed his termination, removed him as a lead detective, transferred him out of the homicide section and instituted a last chance agreement”.
The defense attorneys wrote in their motion that Roy neglected his duties in Aug. 2022 “when he engaged in sexual intercourse with another homicide detective in his unit at her home while on duty and recorded two videos of their sexual encounter on an MPD issued cell phone.”
According to the motion filed by the defense, the detective was not placed under investigation until after Jaime Macedo was charged with the murder that occurred on catholic university campus back in July 2023.
News4 reported extensively on the case at the time. Police say Macedo is accused of following Emerson from the Brookland metro station on the morning of July 5. Surveillance video released by police show Emerson at one point walking with his hands raised in the air before the two ended up in a park near Alumni Lane.
Police say the two got into a struggle before Macedo is accused of shooting Emerson one time in the abdomen.
Emerson was a Kentucky teacher visiting D.C. for a conference at the Library of Congress Teacher Institute.
In the motion filed by the defense, in which they argue the indictment should be dismissed, the attorneys cite an internal affairs document that says, “Detective Roy’s misconduct had cast a shadow over his credibility and reputation as a law enforcement officer.”
It’s unclear when this case may go to trial. The judge still must rule on the motion by the defense.
D.C. police say Roy was disciplined and lost his job in homicide but is still employed as a detective.
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