http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Sat, 25 May 2013 15:38:02 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2010/02/16/a-method-to-spur-the-economy-comprising-cutting-taxes-obviously-non-obvious-and-patentable-inventions-part-ii/id=9069/ http://www.ipwatchdog.com/2010/02/16/a-method-to-spur-the-economy-comprising-cutting-taxes-obviously-non-obvious-and-patentable-inventions-part-ii/id=9069/#comments Wed, 17 Feb 2010 03:01:13 +0000 Gene Quinn http://www.ipwatchdog.com/?p=9069 Related posts:

1. Obviously Non-obvious and Patentable Inventions Part IOnce again I find myself traveling for PLI, this time I am in an airplane heading for Oakland, California, with the final destination of San Francisco, California via taxi. This will be the last live location for the PLI Patent Bar Review Course for 2009. John White and I will be in San Francisco teaching [...]...
2. Obviously Non-Obvious: Pay Congress from SurplusThis idea of revenue in exceeding revenue out is really not one that is in and of itself patentable though. Families and small businesses live with that reality every day of every week of every month of every year. So there will likely need to be some kind of a hook in whatever claims we write to make sure that we distinguish over the common sense prior art established by hard-working individuals who are the backbone of this Nation and who know that you simply cannot continue to spend more than you bring in. As our President is fond of...
3. 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 [...]...

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1. If the Shoe Fits: Analyzing Lohan and Sgt. Sarver Right of PublicityThe buzz continues about Lindsay Lohan’s suit against E*TRADE over its use of the name “Lindsay” to identify a “milkaholic” character in the latest in its ongoing series of talking-babies commercials. Not coincidentally, shortly before the Academy Awards broadcast—Army Sergeant Jeffrey S. Sarver brought suit in the District of New Jersey, alleging that the lead character of the film The Hurt Locker, which subsequently won the Best Picture Oscar, was a depiction of him, for which he was owed compensation....
2. Chuck Norris Sues Penguin GroupOn December 21, 2007, Chuck Norris sued Penguin Group in the United States Federal District Court for the Southern District of New York over a book they published in November 2007 titled The Truth About Chuck Norris: 400 Facts About the World's Greatest Human. Norris is also suing author Ian Spector who runs several websites that promote the book. The basis for the book and the websites are mythical rumors....
3. The Right of Publicity: A Doctrine Gone Wild?The recent dispute involving Lindsay Lohan and ETrade provides an opportunity for critically examining the right of publicity. One defense that ETrade could raise would be parody since it is common practice – and a strongly protected free speech right – to make fun of people. Nevertheless, courts have distinguished between simply making fun of someone and making fun of someone in order to sell a product....

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1. A Method to Spur the Economy Comprising Cutting Taxes: Obviously Non-obvious and Patentable Inventions Part II Picking up on this theme and focusing on things that at first glance seem incredibly obvious but must not be at all obvious given that those who are exceptionally smart can't figure them out, I thought with tax season right around the corner it might be worthwhile to explore method of stimulating the economy by cutting taxes. I am sure there are other pieces of prior art, even some pieces of enabling prior art, or come to think of it wildly successful and unimaginably enabling prior art, but I am going to hang my hopes on secondary considerations....
2. 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 [...]...
3. KSR the 5th Anniversary: One Supremely Obvious MessOn Monday, April 30, 2007, the United States Supreme Court issued its final decision in the matter of KSR v. Teleflex, which overruled the Federal Circuit's application of the so-called "teaching, suggestion, motivation" test (or simply TSM) as it applies to determining whether an invention is obvious. At least for the last generation (and likely longer) no other Supreme Court case in the patent arena has been nearly as influential as the Court’s decision in KSR v. Teleflex. This is because obviousness is where the rubber meets the road for the patentability of inventions. This 5th Anniversary of the ruling...

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