IPWatchdog.com | Patents & Patent Law » Patent Fools™ http://www.ipwatchdog.com Patents, Patent Applications, Patent Law Fri, 20 Nov 2009 19:40:28 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 ACLU Should Be Hit With Rule 11 Sanctions http://www.ipwatchdog.com/2009/11/20/aclu-should-be-hit-with-rule-11-sanctions/id=7351/ http://www.ipwatchdog.com/2009/11/20/aclu-should-be-hit-with-rule-11-sanctions/id=7351/#comments Fri, 20 Nov 2009 19:40:28 +0000 Dale B. Halling http://www.ipwatchdog.com/?p=7351
  • Fired Up: Challenging the Constitutionality of the Patent ActThe Plaintiffs allege that because human genes should not be patented.  Hardly something that anyone can argue.  The only trouble is that this is not what the US Patent Office allows, and it is not what Myriad Genetics has been granted a patent on.  Nevertheless, the frivolous ACLU lawsuit that seeks to use the US [...]...
  • ACLU Files Frivolous Lawsuit Challenging PatentsThe ACLU should be sanctioned for its frivolous lawsuit challenging gene patents, which was filed Tuesday in the United States Federal District Court for the Southern District of New York.  This lawsuit is nothing more than grandstanding, it presents frivolous arguments and outright lies.  The ACLU would have you believe that the patents cover naturally [...]...
  • San Francisco Chronicle Thinks Gravity is an IdeaThere are a lot of crazies coming out of the woodwork with respect to the ACLU’s efforts to have the patent laws of the United States declared unconstitutional.  Perhaps you have heard, the ALCU is standing up for breast cancer patients because Myriad Genetics has patented genes.  How awful really.  Not that Myriad has patented [...]...
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  • David Kappos Confirmed as USPTO DirectorWith no notice to the public, and after the Senate was reported to have adjourned for their August recess, on Friday, August 7, 2009, David Kappos was confirmed as Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. While I applaud the quick action by the Senate to [...]...
  • Kappos Nomination Unanimously Forwarded to Full SenateEarlier today the Senate Judiciary Committee voted to advance the nomination of David Kappos, former Vice President and Assistant General Counsel for IBM, to be Undersecretary of Commerce for Intellectual Property, a job that also comes with the title of Director of the Patent and Trademark Office.  The vote in the Judiciary Committee was unanimous, [...]...
  • David Kappos Shines at Senate Confirmation HearingTo start the confirmation proceedings in the Senate Judiciary Committee, Senator Patrick Leahy (D-VT) introduced David Kappos this morning with a lengthy and impressive recitation of Kappos’ credentials and experience.  He started out with IBM as an engineer after graduating with highest honors from the University of California Davis with a degree in electrical and [...]...
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  • ACLU Should Be Hit With Rule 11 SanctionsIn the ACLU v. Myriad case, the ACLU has alleged that the patents involved in the case cover genes found in nature. This statement is so patently (pun intended) false, that the ACLU either purposely deceived the court or is guilty of gross negligence about the facts plead in the case. As Gene [...]...
  • Thank You David Kappos! USPTO Extends CommentsLast week I wrote an article titled Inauspicious Start to Greater USPTO Transparency, in which I wrote about how disappointed I was that some things never seem to change at the Patent Office.  I was referring to the fact that a Federal Register Notice had been published on September 17, 2009, and gave until September [...]...
  • The Case Against Gene PatentsI favor innovation, and am interested in ensuring that science and technology work hand in hand to both better our standard of living, and enrich those who create new and useful works. But it is not necessarily true that current intellectual property laws always accomplish this. Nor is it so that everything under [...]...
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  • Another KSR RetrospectiveOn that fateful day some 27 months ago, April 30, 2007 to be precise, the United States Supreme Court decided that the well established and functional bright line rule for obviousness was too rigid.  No longer must there be a teaching, motiviation or suggestion to render an invention unpatentable for obviousness reasons.  No in this [...]...
  • Machine Might Not be Patentable Subject MatterLast week I was in Arlington, Virginia, teaching the PLI Patent Bar Review Course, so I was a bit out of touch with what was happening in the patent world as I tried to help a number of would-be patent attorneys and agents get through the PLI immersion course. Like clockwork, during this time out [...]...
  • Obscure Patents: KSR Does Not Mean MuchSo much has been made about the United States Supreme Court's decision in KSR v. Teleflex, which happened just over 2 years ago. Occasionally I like to take a look at how the Patent Office is handling KSR. Admittedly, this is not a scientific study, and is more aimed at having fun and perhaps also explaining so we never forget just how absurd the Supreme Court's decision in KSR actually was. Those familiar with the KSR decision and history will recall that the non-patent experts on the Supreme Court, including Justice Antonin Scalia who openly admitted he didn't understand patent...
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  • Congress Urges Strong IP Stance in UN Climate Change TalksAs first reported by Bartholomew Sullivan of The Commercial Appeal, last week, on October 22, 2009, thirty-four members of Congress wrote a letter to Secretary of State Hillary Clinton urging her to steadfastly support strong intellectual property rights and not to given in to international demands that would weaken intellectual property rights, particularly patent rights. [...]...
  • Secretary Locke Promises Strongest IP Protection in the WorldI am just getting back from two days at the United States Patent and Trademark Office, having attended the 14th Annual Inventors Conference.  There is much to report, and much to write about, and I will continue to digest, analyze and write about what I saw and my impressions in the days to come.  It [...]...
  • Help Arrives! Nick Godici Returns to Patent OfficeU.S. Commerce Secretary Gary Locke yesterday announced the appointment of former USPTO official and long-time patent professional Nicholas P. Godici as a special advisor to the USPTO.  On announcing the return of Godici, Secretary Locke said: “I’m counting on Nick to use his decades of experience to help us strengthen the management of the USPTO [...]...
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  • USPTO Agrees to Withdraw Claims & Continuations Rules PRESS RELEASE: GlaxoSmithKline (NYSE: GSK) today announced that it has reached agreement with the United States Patent and Trademark Office (USPTO) to join the USPTO’s motion to dismiss its litigation over Final Regulations published in August 2007 (Triantafyllos Tafas and SmithKline Beecham Corporation, SmithKline Beecham PLC and Glaxo Group Limited vs. David J. Kappos and the [...]...
  • Federal Circuit to Rehear Tafas and GSK v. DollOn Monday, July 6, 2009, the United States Court of Appeals for the Federal Circuit (minus Judge Lourie who did not participate in the poll of judges) decided to rehear the claims and continuations rule challenge of Tafas and GlaxoSmithKline en banc.  Additionally, the CAFC has vacated the panel decision that awarded a victory to [...]...
  • Kappos Rescinds Claims & Continuations Rules, What Next?By now most are likely aware of, or rapidly becoming aware of, the fact that the United States Patent and Trademark Office has finally done the right thing and has scrapped the claims and continuations rules that have divided the patent community for the last 26 months.  It is impossible not to recognize the new [...]...
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  • Bilski Arguments Complete at the US Supreme CourtAt 2pm ET on November 9, 2009, Chief Justice John Roberts gaveled the session to a close announcing that the case had now been submitted. The arguments were good, and the Court was most assuredly hot, peppering both sides with question after question seeking to probe the issues. It is clear that [...]...
  • Bilski: Eyewitness Report and Expert Analysisn Monday, November 9, 2009, the United States Supreme Court will hear oral arguments in the much anticipated Bilski case, which could well decide once and for all whether business methods and software remain patentable in the United States. I will be in attendance at the oral argument, which will take place after a [...]...
  • The Bilski Oral Argument Speaks Volume: Start with 35 U.S.C. § 112After Monday’s oral argument, many are trying to divine how the U.S. Supreme Court will rule in the Bilski v. Kappos, and whether the Federal Circuit’s “machine or transformation” test will survive. Having now read the oral argument transcript, my own prognostication is that the Federal Circuit’s “machine or transformation” test will be trounced as [...]...
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  • The Bilski Oral Argument Speaks Volume: Start with 35 U.S.C. § 112After Monday’s oral argument, many are trying to divine how the U.S. Supreme Court will rule in the Bilski v. Kappos, and whether the Federal Circuit’s “machine or transformation” test will survive. Having now read the oral argument transcript, my own prognostication is that the Federal Circuit’s “machine or transformation” test will be trounced as [...]...
  • Argument Day in Bilski at US Supreme CourtLater today the United States Supreme Court will hear oral arguments in the Bilski matter. It is not an overstatement to say that the fate of much future innovation rests squarely on the Supreme Court getting this one right, so lets hope for the best and pray that they do get this one right. [...]...
  • Bilski Arguments Complete at the US Supreme CourtAt 2pm ET on November 9, 2009, Chief Justice John Roberts gaveled the session to a close announcing that the case had now been submitted. The arguments were good, and the Court was most assuredly hot, peppering both sides with question after question seeking to probe the issues. It is clear that [...]...
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  • Bilski: Eyewitness Report and Expert Analysisn Monday, November 9, 2009, the United States Supreme Court will hear oral arguments in the much anticipated Bilski case, which could well decide once and for all whether business methods and software remain patentable in the United States. I will be in attendance at the oral argument, which will take place after a [...]...
  • Argument Day in Bilski at US Supreme CourtLater today the United States Supreme Court will hear oral arguments in the Bilski matter. It is not an overstatement to say that the fate of much future innovation rests squarely on the Supreme Court getting this one right, so lets hope for the best and pray that they do get this one right. [...]...
  • The Bilski Oral Argument Speaks Volume: Start with 35 U.S.C. § 112After Monday’s oral argument, many are trying to divine how the U.S. Supreme Court will rule in the Bilski v. Kappos, and whether the Federal Circuit’s “machine or transformation” test will survive. Having now read the oral argument transcript, my own prognostication is that the Federal Circuit’s “machine or transformation” test will be trounced as [...]...
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  • The Bilski Oral Argument Speaks Volume: Start with 35 U.S.C. § 112After Monday’s oral argument, many are trying to divine how the U.S. Supreme Court will rule in the Bilski v. Kappos, and whether the Federal Circuit’s “machine or transformation” test will survive. Having now read the oral argument transcript, my own prognostication is that the Federal Circuit’s “machine or transformation” test will be trounced as [...]...
  • Bilski Arguments Complete at the US Supreme CourtAt 2pm ET on November 9, 2009, Chief Justice John Roberts gaveled the session to a close announcing that the case had now been submitted. The arguments were good, and the Court was most assuredly hot, peppering both sides with question after question seeking to probe the issues. It is clear that [...]...
  • A Bird’s Eye View of the Bilski Oral ArgumentUnlike Gene I did not really plan very well. I did not have credentials and am not (yet) a member of the Court. So, I was in line with the public. A patent centric public, but the public none-the-less. My fellow line standers included: Law students headed to taking the patent bar; a Finnegan partner [...]...
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  • Much Ado About Nothing Over First to File Just about 24 hours ago I posted an article relating to my changing position with respect to first to file, and already there is something of a firestorm.  I understand there are those who feel I have abandoned them and adopted a naive view of the world. But excuse me for recognizing the new tone [...]...
  • Challenging Patent Reform First-to-File ProvisionI recently received an e-mail from Ron Katznelson, who is the Founder and President of Bi-Level Technologies in Encinitas, CA.  Dr. Katznelson is a named inventor in more than 25 U.S. patents and his research and development interests include optimal signal design, digital RF signal processing, digital television, signal representation & sampling theory, intellectual property [...]...
  • USPTO Ends Patent Outsourcing to IndiaOn July 23, 2008, the United States Patent & Trademark Office published an interesting notice in the Federal Register. This particular notice announced nothing new in terms of the law, but will have an enormous impact on the way patent services are provided to many corporations and law firms. Specifically, it has finally come to [...]...
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  • Making the Case Against First to FileNOTE: This was originally written as a comment to my article Much Ado About Nothing Over First to File.  It is posted here as an article with the permission of Ron Katznelson. ************************ I generally respect those who have the capacity to change their opinions based on substantial relevant evidence and a compelling underlying factual record that [...]...
  • Challenging Patent Reform First-to-File ProvisionI recently received an e-mail from Ron Katznelson, who is the Founder and President of Bi-Level Technologies in Encinitas, CA.  Dr. Katznelson is a named inventor in more than 25 U.S. patents and his research and development interests include optimal signal design, digital RF signal processing, digital television, signal representation & sampling theory, intellectual property [...]...
  • Secretary Locke Promises Strongest IP Protection in the WorldI am just getting back from two days at the United States Patent and Trademark Office, having attended the 14th Annual Inventors Conference.  There is much to report, and much to write about, and I will continue to digest, analyze and write about what I saw and my impressions in the days to come.  It [...]...
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