IPWatchdog.com | Patents & Patent Law

ACLU Should Be Hit With Rule 11 Sanctions

Dale B. Halling — Fri, 20 Nov 2009 19:40:28 +0000

In 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 [...] Related posts: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...

Method for Getting an Interview with David Kappos

Gene Quinn — Fri, 20 Nov 2009 00:35:45 +0000

Last week I chatted via phone with Terry Carter, a journalist working on a story for publication in the ABA Journal. We talked about a number of different patent topics, and I am certainly looking forward to reading his article when it appears. Later on in the week Carter informed me that he was having [...] Related posts: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,...

What Inventors Can Learn from Skateboard Icon Tony Hawk

Gene Quinn — Thu, 19 Nov 2009 20:40:50 +0000

For some time I have wanted to write an article discussing what independent inventors can learn from skateboard icon Tony Hawk. In the October 2009 edition of Entrepreneur Magazine there is an article about Tony Hawk and his rise to become the highest paid action sports athlete, bringing in some $12 million in 2008. [...] Related posts:Proposal to Support PTO, Entrepreneurs & InventorsYeseterday I wrote an article titled Obama to Fund Entrepreneurs in Latin America. In this article I...

Call to Action: Amici Briefs in ACLU Gene Patent Challenge

Gene Quinn — Wed, 18 Nov 2009 18:16:09 +0000

Recently I received an e-mail with a link alerting me to something posted on the 271 blog relating to Bilski. The video (viewable on the 271 blog) is taken from a movie about World War II that focuses at least in part on Adolph Hitler. The video posted is from a scene that [...] Related posts: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)...

Obviously Non-obvious and Patentable Inventions Part I

Gene Quinn — Tue, 17 Nov 2009 20:40:51 +0000

Once 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 [...] Related posts: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...

Supreme Court Refuses Harjo, Redskins Can Keep Trademark

Gene Quinn — Mon, 16 Nov 2009 20:46:23 +0000

While it is not easy for a Dallas Cowboys fan like myself to write about a Redskins victory with any enthusiasm, the Washington Redskins clearly scored a bigger victory on Monday than any victory this non-playoff team will have all season long on the field. The United States Supreme Court earlier today announced that [...] Related posts:Washington Redskins Win, Can Keep TrademarkAs a fan of the Dallas Cowboys it is hard to write about a Redskins victory, but the victory scored by...

No Climate Deal in Copenhagen Good for Green Patent Rights

Gene Quinn — Mon, 16 Nov 2009 01:20:14 +0000

The Wall Street Journal is reporting good news for patent owners, in particular those holding patents on green technologies. President Obama, who is currently attending the Asia-Pacific Economic Cooperation forum in Shanghai, China, along with other world leaders announced that they no longer have ambitions of reaching a binding international agreement on climate change [...] Related posts:Congress Urges Strong IP Stance in UN Climate Change TalksAs first reported by Bartholomew Sullivan of...

JUST IN: Federal Circuit Denies Vacatur in USPTO Rules Case

Gene Quinn — Fri, 13 Nov 2009 19:52:52 +0000

Earlier today the Chief Judge Paul Michel of the United States Court of Appeals for the Federal Circuit issued an Order declaring the pending appeal of Dr. Tafas and GlaxoSmithKline moot due to the fact that USPTO Director David Kappos has withdrawn the rules. The Federal Circuit per Judge Michel, however, denied the motion [...] Related posts:Tafas Objects to Vacatur in Claims and Continuations AppealLate this evening attorneys representing Dr. Triantafyllos Tafas filed a Reply to Motion...

The Bilski Oral Argument Speaks Volume: Start with 35 U.S.C. § 112

Eric Guttag — Thu, 12 Nov 2009 21:14:17 +0000

After 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 [...] Related posts:A Bird’s Eye View of the Bilski Oral ArgumentUnlike Gene I did not really plan very well. I did not have credentials and...

Twitter Faces Security Issues Again and Again

Renee C. Quinn — Thu, 12 Nov 2009 18:31:42 +0000

A few weeks ago I got an email from a colleague stating that he believed his Twitter account had been hacked into because of a suspicious direct message that was sent to all of his followers, me included. Since then I’ve gotten other random direct messages. But in the last two days both [...] Related posts:Beware of Viruses When Looking for Love OnlinePC Tools, a leading security software vendor with offices in Sydney, San Francisco, London, Shannon (Ireland), Melbourne, Kiev, and...

Exploring Justice Steven’s Patent Past for Clues

Gene Quinn — Thu, 12 Nov 2009 04:28:14 +0000

Now that the Bilski oral arguments are complete and the case has been submitted to the Court for consideration the guessing game begins. Normally trying to figure out what a court will do is a waste of time, particularly so when that court is the Supreme Court, which is not bound by precedent of any [...] Related posts: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...

A Bird’s Eye View of the Bilski Oral Argument

John White — Tue, 10 Nov 2009 18:03:14 +0000

Unlike 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 [...] Related posts: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....