Posts Tagged: "Gene Quinn"

Article One Partners Launches Public Review of NTP Patents

Article One Partners announced yesterday that patents held by NTP Incorporated are the focus of three new requests for research, which Article One Partners refers to as Patent Studies. NTP was made famous for its litigation against BlackBerry maker Research-in-Motion (RIM) that resulted in a settlement north of $600 million. New litigation by NTP has expanded the assertion of patent infringement to other top players in the mobile and smartphone industry, which is prompting Article One Partners to engage their global community of researchers by challenging them to identify evidence predating the patents in question and which can be used to invalidate one or more of the patent claims owned by NTP.

Intellectual Ventures Becomes Patent Troll Public Enemy #1

Intellectual Ventures unleashed three separate patent infringement litigations in the U.S. District Court of Delaware against companies in the software security; dynamic random access memory (DRAM) and Flash memory; and field-programmable gate array (FPGA) industries. While I do not begrudge any patent owner their day in court to seek redress for infringement, we really should at least notice the obvious hypocrisy of Intellectual Ventures, who for years said they were only amassing a defensive portfolio and had no interest in becoming what we all knew they could become; namely that most massive patent troll on the planet.

Kappos Sets Goal of 650,000 Backlog by End of FY 2011

Yesterday Director Kappos deviated a bit from his routine and utilized a powerpoint presentation, which was titled: “The USPTO by the Numbers: Progress and Reform at Our Nation’s Innovation Agency.” While some of the slides tell what appears to be a remarkable turn around story, the real news to come out of Director Kappos’ presentation is that he is challenging the Patent Office to get down to a patent application backlog of 650,000 by the end of fiscal year 2011. To paraphrase Sam Cooke: what a wonderful world it would be!

PTO Lays Out Ambitions 2011 Agenda at IPO Conference

At lunch Director Kappos explained that the goal for fiscal year 2010, which ended on September 30, 2010, was to get the backlog down to 699,000 — dubbed “project 699.” The Office was not successful, but Kappos says they will get well below 700,000 for fiscal year 2011, perhaps as low as a backlog of 650,000. Kappos’ immediate follow-up: “I say that as Commissioner Stoll starts to choke at me saying that.” Indeed, there are ambitious goals at the USPTO for FY 2011, including a move to unity of invention.

The Strange Case of the Animal Toy Patent: Reexam Redux

Two months ago I wrote about one of my favorite patents — The Animal Toy — which is U.S. Patent No. 6,360,693. See Patent on a Stick: Learning from the Animal Toy Patent. Shortly after writing that article, which was not intended to poke fun at the Patent Office but to merely teach a point relative to claim drafting, I received an e-mail from Stephen Kunin, who is a partner at Oblon Spivak, LLP. Steve wrote to me indicating that this patent was reexamined by the Patent Office and none of the claims exited reexamination. This in and of itself may not be very odd, but something didn’t seem quite right.

PTO to Effectively Extend Provisional Applications to 24 Months

In some circles this pilot program has at times been characterized as providing for an extension of a provisional patent application to allow it to remain pending for twenty-four (24) months. That is not technically an accurate way to articulate what the new pilot program will do, and for those who might want to avail themselves of the soon to be announced pilot program it is worth getting a handle on some of the finer details of the proposal. The effect could look like an extension of a provisional patent application, but there are special steps that must be followed.

IPWatchdog.com Chosen as one of the ABA Journal’s Top 100

I am pleased to announce that the Editors of the ABA Journal yesterday announced they have selected IPWatchdog.com as one of the top 100 best law blogs by lawyers, for lawyers. Now readers are being asked to vote on their favorites in each of the 4th Annual Blawg 100’s 12 categories. IPWatchdog.com is in the “IP Law” category. To vote, please visit The 2010 ABA Journal Blawg 100.

News, Notes and Announcements

In this edition of News, Notes & Announcements, websites engaged in the sale of counterfeit merchandise were ordered seized as part of a joint investigation coordinated between the Department of Justice and ICE. Additionally, there will be an event celebrating the 30th Anniversary of passage of the Bayh-Dole Act in Washington, DC on Wednesday morning; the USPTO will hold a roundtable on Friday, December 3, 2010 to discuss trademark prosecution best practices; FIRST, the company founded by Dean Kamen, received a 5 year contract from NASA to provide support for hands-on robotics competitions aimed at inspiring our youth to pursue science and technology; ITT launches an innovative new graduate program that combines engineering, design and intellectual property; the mother of all patent trolls is back at it both in terms of licensing and in terms of acquiring more patents; and patented software that makes it possible to find plagiarized code is released.

PTO Inventors Conference: Patent Claim Drafting for Inventors

Similarly, inventors shouldn’t be rushing out to write their own patent applications and represent themselves pro se. In fact, representing yourself in a patent application is the patent equivalent of taking out your own appendix — a REALLY bad idea. Having said that, many inventors are faced with the situation where they simply cannot afford to hire anyone to assist them. It is either go it alone or do nothing at all. In that situation the inventor is faced with a terrible dilemma. If the inventor goes into the situation understanding they are not going to get the breadth, depth and scope of rights they otherwise could get, and that is acceptable, then they have made a knowing business decision. The Libertarian in me believes that we shouldn’t say don’t do it, but the Patent Attorney in me knows that we need to be realistic about the chances of success and provide that information in a realistic way without sugar coating the reality.

Photo Diary: The USPTO’s 15th Inventors Conference

I was pleasantly surprised to see inventors from all over the country, coming from New Jersey, Georgia, Florida and elsewhere. The Inventors Conference provides a truly unique opportunity for independent inventors to interface with patent examiners, high ranking USPTO officials and many industry experts. The two days are filled with programming that includes some “if I can do it, so can you” talks from successful inventors, even Hall of Fame Inventors, who share their stories of dedication and success. Also featured are substantive learning opportunities for inventors, such as how to write claims, why file a provisional patent application, patent searching, foreign filing and more. There is also ample networking opportunities for inventors, and time slots where inventors can receive free consultations with industry experts.

News, Notes & Announcements

In this edition of News, Notes & Announcements, patent attorneys asked to participate in an inequitable conduct study, BIO seeks session proposals for 2011 Convention, Huffington Post and other popular press starting to report that patent backlog is costing jobs, the Second Circuit refuses en banc rehearing in reverse patent payments case and PLI sponsoring yours truly on a speaking tour.

PLI Sponsors Gene Quinn on Law Firm Speaking Tour

Over the last month or so it has been made known to PLI that some law firms might be interested in me coming to the firm to give a talk or presentation on some hot patent related issue of the moment. It has also come to my attention that a number of firms have weekly or bi-weekly sessions already scheduled where one member of the firm is tasked with creating a presentation worthy of CLE credit for a “lunch and learn” presentation. I am happy to come to your firm to give such a presentation, and at no cost to your firm. All you have to do is let me speak for 5 minutes about PLI offerings, such as their CLE Seminars, Patent Bar Review Course and Treatises. I promise these 5 minutes won’t eat into any CLE worthy presentation I give, and will meet any requirements as agree upon so as to make sure attorneys attending get appropriate CLE credit.

Settlement Announcement: Lawsuit Against IPWatchdog Over

On May 17, 2010, Invention Submission Corporation (ISC) d.b.a. InventHelp® and IPWatchdog, Inc. settled the litigation initiated by ISC against IPWatchdog, Gene Quinn and Renee Quinn (collectively IPWatchdog). Effectuation of the settlement has taken longer than initially contemplated, and this article (published after review, contribution and acquiescence by InventHelp® and their attorneys), has gone through multiple revisions and is the final piece of the settlement. The case is now over and all terms of the Settlement Agreement have been satisfactorily met by both parties. The parties are pleased that the lawsuit was resolved to their mutual satisfaction. Aside from the details contained in this article the terms of the settlement will remain confidential, although the lawsuit itself may be discussed.

PLI Presents Bilski v. Kappos Program With CLE

Eventually we are going to have a decision from the Supreme Court in Bilski v. Kappos, or we will know that the case will be held over until the next term of the Court, which beings in October 2010. The current Supreme Court term comes to an end on June 28, 2010, so something will soon happen worth discussing. PLI has selected a number of possible dates depending on when the Supreme Court hands down its long awaited decision.

PLI Patent Bar Review Summer Tour 2010

And now a message from the shameless commerce division, brought to you by the #1 Patent Bar Review Course in the Nation… the PLI Patent Bar Review Course. PLI is offering a 20% discount for those who sign up to attend the Orange Country course in Costa Mesa, California. To take advantage of the 20% discount you need to call the PLI Patent Bar Review Hotline at 888.296.5973 by the close of business Eastern Time on Wednesday, May 26, 2010.