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Thomas Jefferson Symposium on Patent ADR & Litigation

I am writing from San Diego, California this morning.  I am sitting in an auditorium at Qualcomm, where the Thomas Jefferson School of Law is holding a symposium titled Improving Patent Adjudication Through ADR and Federal Court Reform.  This is a special event for me personally because not only am I a speaker, but I also inspired the research project…

Senate Judiciary Committee Passes Patent Reform Bill

As I sit here listening to the Executive Meeting of the Judiciary Committee on patent reform, things are getting extremely contentious.  Senator Specter (R-PA) has said that he would rather wait and not vote this bill out of Committee until Senator Kyl (R-AZ) has an opportunity to submit his amendments relative to the post-grant review process.  Apparently Senator Kyl has…

Open Source Race to Zero May Destroy Software Industry

The trouble with freeware is that there is no margin on free, and while open source solutions are not free, the race to asymptotically approach free is on, hence why I say the race to zero is in full swing. As companies continue to look for the low cost solution, quality is sacrificed.

History of Software Patents II: Arrhythmia Research

In the Arrhythmia case the invention in question was directed to the analysis of electrocardiographic signals in order to determine certain characteristics of heart function. In essence, the invention was a monitoring device. It had been discovered that 15% to 25% of heart attack victims are at high risk for ventricular tachycardia, which can be treated by the administration of drugs. Unfortunately, the drugs used have undesirable and dangerous side effects, which led the inventor to come up with a monitoring device capable of determining which heart attack victims were at the highest risk for ventricular tachycardia.

Huge Changes to Senate Patent Reform Bill Announced

The Senate Judiciary Committee Executive Meeting on the Patent Reform bill presently working its way through the Senate just ended, at approximately 10:30 am.  Last week, on Thursday, March 26, 2009, Senator Arlen Specter announced that compromise was close, and that changes to the patent bill would be “very significant.”  It would appear as if Senator Specter was not just blowing…

Crazy Patents in an Era of Alleged Patent Quality

 Over the last several years the patent allowance rate has fallen from about 70% of applications becoming patents to a low of 42% of patent applications becoming issued patents.  During this same time the Patent Office has continued to proclaim that quality has risen, which everyone in the industry knows to be false.  The real tragedy is that the Supreme…

A Patent Proposal for Green Technology

On July 28, 1987, President Ronald Reagan set forth what became known as the “11-point superconductivity initiative” in a speech to the Federal Conference on Commercial Applications of Superconductivity.  As a part of President Reagan’s superconductivity initiative he proposed amendments to the antitrust laws to make it easier for companies to collaborate with respect to basic research, he requested changes to the Freedom…

Innovation Will Lead Recovery if Patent System Allows

I was reading the March 30, 2009, edition of Fortune magazine today and there is an article titled After the Panic, Innovation, written by Glenn Hutchins, a co-chief executive of the technology investment firm Silver Lake.  His brief article chronicles how we managed to get into this economic crisis and concludes that, as always, scientific advances and entrepreneurship will lead…

Report Compares Patent Assets of GM, Ford and Chrysler

President Obama’s Task Force on Autos today received a copy of the Automaker Patent Assets Intelligence Report (2009 APA-Intel Report) prepared by PatentCafe.com.  The report compares the patent portfolio assets of General Motors, Ford, Chrysler, Toyota and Volkswagen, and concludes that GM, Ford and Chrysler may be sitting on patent assets that could be directly exploited for immediate revenue and…

Significant Changes Coming to Senate Patent Reform Bill

The Senate Judiciary Committee did hold a meeting this morning discussing several appointments pending before the Committee and pending patent reform legislation.  The meeting was quite brief, lasting less than 30 minutes, presumably because there is an important mark-up meeting regarding the Budget.  According to Senator Leahy, the Chairman of the Senate Judiciary Committee, Senators will once again meet regarding patent reform on…

Senate Judiciary Committee Meets to Discuss Patent Reform

On Monday I wrote about how Senator Arlen Specter (R-PA) was opposed to the pending patent reform legislation and how there was going to be an Executive Meeting of the Judiciary Committee this morning at 10:00 am to discuss some pending nominations before the committee and the patent reform legislation supported by Senator Patrick Leahy (D-VT) and Senator Orin Hatch…

Patent Treatise Sale Through April 8, 2009

I realize this is a plug from the shameless commerce division, but when the top patent treatises are on sale it deserves mention, particularly when the treatises are being sold by a sponsor of IPWatchdog.com.  PLI’s outstanding patent law treatises provide comprehensive, up-to-date legal information and guidance, and they are available at a 20% discount if you order any of the titles…

Interview with Industrial Designer Jim Richardson

I was recently in Charlotte, North Carolina taping a 10 part mini-series on innovation that was sponsored by the United Inventors Association.  Each episode in the mini-series is 30 minutes long, and focuses on a different aspect of the inventor’s journey toward commericalizing innovation.  As a patent attorney I focus on the identification and protection of intellectual property assets, primarily…

Patent Academy Closing, USPTO Budget Crisis Deepening?

On March 2, 2009, the Practising Law Institute kicked off the Third Annual Patent Law Institute at its New York City headquarters.  The West Coast version of this live program started today and will conclude tomorrow, live at the California offices of PLI in downtown San Francisco, CA.  Right about now the participants are probably seeing a video of Robert Clarke,…

Senator Specter Leary About Patent Reform Bill

Patent reform will once again take center stage this week when Senators on the Judiciary Committee discuss the Leahy-Hatch patent bill in an Executive Business Meeting scheduled for Thursday, March 26, 2009, at 10:00 a.m., in the Dirksen Senate Office Building, Room 226. With patent reform in the air and seemingly rushing through the Congress, it was believed that the…