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Does the Federal Circuit Give Enough Deference?

The attorneys for 800 Adapt, Inc. have recently filed a Petition for a Writ of Certiorari review of 800 Adapt, Inc. v. Murex Sec. Ltd., 539 F.3d 1354 (Fed. Cir. 2008) claiming that the Federal Circuit does not provide enough deference to district courts on claim construction and they should. According to Stephen Milbrath and David Magana of Orlando based Allen…

E.D. Texas No Longer Patent Troll Friendly

For those who own or purchase patents and then seek out litigators more interested in using the judicial process to harass plaintiffs, this should mean significant problems lie ahead. No longer is the Eastern District of Texas going to be the warm and friendly place where patent trolls get favorable rulings and force major corporations to litigate in a hostile environment. To be sure, the patent troll problem has not been solved, and cases will continue to be brought, but they will need to be brought in places where the dispute really ought to be litigated.

USPTO National Medal of Technology Nominations

The United States Patent and Trademark Office is now accepting nominations for its National Medal of Technology and Innovation (NMTI) program. Since establishment by Congress in 1980, the President of the United States has awarded the National Medal of Technology and Innovation (formerly known as the National Medal of Technology) annually to our Nation’s leading innovators. If you know of a…

Obscure Patent: The Dog Umbrella & Leash

Pet umbrella and combined pet leash US Patent No. 6,871,616 Issued October 28, 2003 Before I start getting to deep, allow me to point out that I am a animal lover and a dog person. That being said, I think this takes things just a little bit too far. Dog lovers always spoil their pets, but an umbrella specifically designed…

The John Doll Era Begins at USPTO

There have been many rumors about the impending resignation about Jon Dudas, the Undersecretary of Commerce for Intellectual Property appointed by President Bush in 2004.  Patently-O announced on January 6, 2009, that Dudas would be stepping down by mid-January, which does not appear to have happened.  What is clear, however, is that President Obama has not yet chosen a new…

Machine Might Not be Patentable Subject Matter

Last 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 of the office the United…

RIAA Attorney Appointed to Top DOJ Position

What is going on with the Recording Industry Association of America (RIAA)?  After many years of waging a war against anyone and everyone that they thought illegally copied music, capturing many innocent people up with their Gustapo-like actions, and fighting with Internet Service Providers at every turn to get private information about users, the RIAA seems to have become a…

Oregon State University Settles Copyright Dispute

The Motorcycle Safety Foundation announced that it has resolved its copyright infringement lawsuit against Dr. Edward Ray, on behalf of Oregon State University, and Stephen Garets, operators of the Team Oregon Motorcycle Safety Program. The Settlement Agreement was finalized by all parties on December 19, 2008.

Mea Culpa, Patent Reform and Other Issues

I confess, it was me who fed Gene Quinn the erroneous info about Steve Kunin heading back the US PTO. I made an erroneous assumption when, in casual conversation with Steve at a Vail, Colorado CLE event, I asked Steve whether he was in touch with the Obama transition team and whether this might lead to his certain appointment as…

Correction: Steve Kunin Staying at Oblon

On Tuesday, January 13, 2009, I wrote an article Nominating Gary Griswold for PTO Director.  In this article it was incorrectly stated that Steve Kunin was leaving private practice and was returning to the USPTO.  While my source was correct with respect to Kunin heading up a Reexamination/Reissue division, it is the Oblon Spivak Reexamination/Reissue Practice Group that Kunin will…

American Idol Sues Stripper Idol Over Trademark

The owners of the trademarks on the popular American Idol TV program, FremantleMedia North America, Inc., have filed a lawsuit in the United States District Court for the Western District of Texas, Austin Division.  This lawsuit came to my attention as I was watching Bill O’Reilly’s show on FOX, and his legal panel was discussing the merits of the lawsuit…

Nominating Gary Griswold for PTO Director

Over the past several months I have been nominating individuals who I think would make a good choice for the next Undersecretary of Commerce for Intellectual Property, also known as the Director of the USPTO.  It is my belief that the patent crisis that faces us requires that President-elect Obama nominate someone who is not only familiar with innovation and…

Nominating Paul Kaminiski for PTO Director

EDITORIAL NOTE:EDITORIAL NOTE: This post was originally published on October 14, 2008, by the PLI Patent Practice Center Blog. It has since become unavailable, so it is been republished here on IPWatchdog.com. As the Presidential election continues I want to put forth the name of another person that I think is qualified to be the next Under Secretary of Commerce…

Nominating Pauline Newman for PTO Director

EDITORIAL NOTE: This post was originally published on October 6, 2008, by the PLI Patent Practice Center Blog. It has since become unavailable, so it is been republished here on IPWatchdog.com. As the Presidential election continues to heat up it is time for me to start compiling names of those who I think are qualified to be the next Under…

Fraud Leads to Lost Trademarks and Patents

Today you can hardly do a search on any search engine on the topic patents or trademarks without stumbling across an ad from LegalZoom.com, or one of the other numerous companies that promise to prepare and file patent or trademark applications on your behalf.  On September 15, 2008, the United States Patent & Trademark Office issued new rules that should have…