Posts in IPWatchdog Articles

Those familiar with the trials and tribulations surrounding recent attempts to get Congress to enact patent reform know that there were a number of controversial proposals that caused the demise of patent reform efforts in 2008.  One of the more controversial proposals was the proposal that would have significantly limited the amount of patent infringement damages awarded to successful patent…

Not long ago the United States Court of Appeals for the Federal Circuit issued a decision in Abbott Laboratories v. Sandoz, Inc., a decision that just screams for Congress to codify Rule 56 and settle once and for all the duty of candor that is owed to the Patent Office during the patent application process. To be perfectly clear, it…

Since the United States Supreme Court first addressed the patentability of computer software in Gottschalk v. Benson the law surrounding the patentability of software has changed considerably, leaving many to wonder whether software is patentable at all. Originally in Benson, the Supreme Court decided that software was not patentable, but then later retracted the blanket prohibition against patenting software.

President Obama is interested in moving the United States federal government away from proprietary software to open source solutions. I am not sure this ought to a top priority that is so important that it is on his mind during his first 48 hours in Office, but it is apparently ahead of a lot of things.

Open source advocates are going to love the fact that Obama wants to transition the US government away from proprietary solutions. I don’t have any dislike for open source advocates, and I wish them well. I do have a different view of the economics though, and of the patent system. I hear all the time that software patents prohibit innovation, but then when you talk to those who say they cannot create because of patents it is clear that they don’t understand patent law and are saying that not because it is true, but because that is what they belief.

While it seems on one hand that the Recording Industry Association of America (RIAA) is standing down its enforcement efforts, there are several reasons to wonder whether this is really the plan or if there is more under-handed and insidious behavior yet to come. As was discussed on Monday, an RIAA favorite attorney will become the Deputy Attorney Generalof the…

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…

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.

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…

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…

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…

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…

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…

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.

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…