Posts in IPWatchdog Articles

Ever since this decision was rendered there has been rampant speculation as to what Bilski means and how it will be interpreted. As one who works in this area and one with my own patent application pending in class 705, I was greatly interested both professionally and personally. Thankfully, I can report that it does not seem as if Bilski is turning out to be the impediment to patentability that many feared. In fact, based on what is going on at the USPTO one could make a convincing argument that it is actually getting easier to obtain patents that related to software and computer related processes.

In a decision that is simply painful to read, the United States Court of Appeals for the Federal Circuit yesterday decided in Autogenomics v. Oxford Gene Technology that a foreign patent owner cannot be made a defendant to a lawsuit seeking a declaratory judgment of invalidity, unenforceability and noninfringement.  According to the majority opinion, Oxford is a British biotechnology company…

PRESS RELEASE: May 19, 2009 – American Innovators for Patent Reform (AIPR), a non-profit association of inventors, patent owners, small businesses, universities, and intellectual property professionals, is calling the controversial comments that Intel founder and former CEO Andrew Grove delivered recently about the U.S. patent system at a Silicon Valley awards ceremony “absurd and irresponsible.” “Likening patents to financial derivatives…

Even before President Obama announces his selection for Undersecretary of Commerce for Intellectual Property, a post known by those in the industry as the Director of the Patent Office, senior level management Officials inside the Patent Office are beginning to take real and concrete steps to address the enormous backlog of cases that was allowed to build under the stewardship…

As a fan of the Dallas Cowboys it is hard to write about a Redskins victory, but the victory scored by Pro-Football, Inc. on behalf of the Redskins means that the Redskin trademarks will remain intact.  The ruling providing this victory for the Redskins came down on Friday May, 15, 2009, and should once and for all put this matter…

An argument can be made that Benjamin Franklin may be the most famous American inventor, but without a doubt the most prolific and influential American inventor was Thomas Alva Edison. It is indeed difficult to imagine the modern world without scientific contributions and inventions of Edison. Nevertheless, Edison did have failures, including his failed support of DC power over AC…

Here is another listing of some interesting things I stumbled across over the last week, which I likely won’t have time to write a full article about, but which are worth knowing about and reading. 1. Judge Michel Speaks About “Junk Patents”, Damages, Trolls, and the PTO (271 Patent Blog) Peter Zura quotes remarks from Judge Michel.  In one part…

I am writing from New York City today.  I am here for the PLI Patent Bar Review Course, which kicks off our summer run of courses.  Over the next couple months John White and I will crisscross the country from New York, Houston, Boston, Los Angeles, Chicago and Atlanta, spreading patent teachings to aspiring patent attorneys and patent agents.  Right…

The 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 occurring genes, which is simply…

As I was reading IP Kat this morning I learned that yesterday the UK Intellectual Property Office announced that green inventions will be fast tracked through the patent process.  David Lammy, Minister for Intellectual Property, announced the launch an initiative which will enable inventions with an environmental benefit to be given priority within the patent system.  About six weeks ago…

Just over two weeks ago I wrote an article explaining that quality review at the USPTO was changing for the better.  Shortly after this article published I received a telephone call from the Office of Public Affairs at the USPTO.  We chatted about this article and one thing lead to another and ultimately I spoke with Acting Commissioner for Patents,…

Last week an IBM patent application covering an allegedly unique system and method for enhancing productivity.  I typically do not get interested in the bizarre, wacky, ridiculous patent applications that are published because all that is required to have a patent application published is the filing of something, no matter how ridiculous, and the payment of the filing fee.  My…

On May 7, 2009, Akin Gump Strauss Hauer & Feld LLP lost a patent malpractice suit in the United States Federal District Court for the Western District of Texas, when the jury concluded deliberations and presented the court with its a Verdict Form, which awarded the plaintiff’s $72,611,397.83.  In a report in Law Blog of the Wall Street Journal on…

Gilles Bignan holds a PhD. in Chemistry, and soon will be a new patent agent.  I met Gilles in October 2008, when he attended the PLI patent bar review course in New York City.  When Gilles contacted me to let me know he had passed I asked him if he would be interested in doing an interview to discuss how…

Some reports had suggested that James Pooley of Morrison Foerster was on a short list to be named the next Undersecretary of Commerce for Intellectual Property (a.k.a. Director of the PTO), but I can now confirm that Pooley will not be the next Director of the PTO.  President Obama has nominated Pooley to become the next deputy director general for…