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Mobile Business Tools for Apple iPad, iPhone & iPod, Pt. 2

In early September of 2010, I was given my new favorite toy, an Apple iPad, as a gift. I originally used the iPad to read books, play games and to surf the Internet. However, I have discovered that the iPad is a fantastic business tool as well. Whenever I am away from my office, I take my iPad with me. With the right applications, the iPad has virtually replaced my laptop.

How About a Patent Attorney for the Federal Circuit?

In looking at the cases filed at the Federal Circuit during 2010, 42% of the docket for the CAFC were patent cases. At the moment, the three judges who are patent attorneys on the Federal Circuit are all on active status, and by that I mean are not on senior status. Judges Newman and Lourie, however, currently qualify to move to senior status or retire, and in a matter of a few years Judge Linn could elect senior status, or to retire, as well. Thus, moving forward in the not too distant future there could be a time when none of the judges active on the Federal Circuit would be patent attorneys by training and experience. This, in my opinion, would not be at all wise.

The Meaning of “Open Source”: Patented by Microsoft

As the open source movement grows Microsoft, which is always the 800 pound gorilla in the room, may consider bringing patent infringement suits. It seems that is the worry of at least one open source group who claims that it is particularly troubling that Microsoft, along with a group of tech companies that includes Apple, is seeking to purchase the Novell patent portfolio. According to the Open Source Initiative, the Microsoft coalition seeking to purchase the Novell patent portfolio has “no incentive to support open source as a competitive alternative to proprietary software.”

Patent Application Costs: You Get What You Pay For

It takes time to prepare a detailed written disclosure that will support any number of claims, and there is just no way to rush it. Inventors and entrepreneurs intuitively know this, but they get lured into believing that what they get for $1,400 is just as good as what they would get if they paid $8,000, which is unrealistic of course. You cannot fall for what you want to hear when you deep down know it makes no sense. If you aren’t convinced ask yourself this: when you were in school and you had to write a paper for a grade, was the resulting paper better if you spent more time or less time working on the project? The reality is the more time you have to spend the better the work product.

Microsoft Petitions PTO to Reverse Refusal to Grant Reexam in i4i Dispute, Could Moot Supreme Court Appeal

At the end of December, we learned that Microsoft had petitioned the PTO Director to order reexamination of the ‘449, and this morning that petition has been released to the public. It shows that Microsoft’s chances at the Patent Office are not so long after all, that Microsoft’s argument for reexamination are stronger than many thought. The concerns about the “clear and convincing” standard being abandoned by the Supreme Court may not be justified – there is a real prospect that the Microsoft-i4i dispute could be resolved in the reexamination, without the need for the Supreme Court to reassess the burden of proof standard for accused infringers.

Outsourcing to India: National Security Subversion & Job Loss

The fact that the outsourcing of patent searches and the preparation of patent applications violates U.S. law only makes perfect sense, particularly when you factor into consideration the requirements of 35 U.S.C. 181 (re: national security) and 35 U.S.C. 184 (re: foreign filing licenses). By openly and willingly tolerating the outsourcing of preparation work of patent applications the clear intention of 35 U.S.C. 181 is subverted. What good does a secrecy order make if the the information relative to the invention has already been sent overseas?

Microsoft Wins at CAFC, 25% Reasonable Royalty Rule Dies

While the Federal Circuit ruled that Microsoft did infringe and the patent claim in question (claim 19 of U.S. Patent No. 5,490,216) was valid, it was Microsoft who was the big winner here. The damages awarded by the jury to Uniloc were $388 million, which was set aside by the district court, a ruling that the Federal Circuit affirmed. The Federal Circuit also agreed there was no willful infringement. So while Uniloc has won at least something from Microsoft as a result of its infringement of a valid patent claim, it seems like it will be far less than the $388 million, particularly given the Federal Circuit threw out the 25 percent rule and said the entire market value rule was not applicable in this case.

The Envelope Please: ABA Top 100 Blawg Results Announced

On November 30th, 2010, the Editors of the ABA Journal had announced the selection of the top 100 best law blogs by lawyers, for lawyers. Readers were then given one full month to vote for their favorite blogs. Each individual could vote for more than one blog in any category, but could only vote once per blog. Now the voting has ended and the ABA Journal has announced the winners of the Fourth Annual ABA Journal Blawg 100, which recognizes the best legal blogs for 2010. So without further ado, here are the overall results of the 2010 ABA Journal Blawg 100 contest!

IPWatchdog 2010: ABA Blawg Tops + Over 2 Million Visits

I am pleased to announce that IPWatchdog.com was selected by the readers of the ABA Journal as their favorite IP Law blog for 2010 ABA. I am also pleased to announce that for 2010 we had over 2,000,000 visits, delivered nearly 11.8 million pages, our homepage was viewed 3.06 million times and we averaged over 67,000 unique monthly visitors! Thanks to all our readers for coming back day after day, and thanks to all of our Guest Contributors!

Smucker Loses Reexam Battles, But May Win Litigation War

The Board’s analysis might interest patent prosecutors who routinely face rejections based on “applicant’s admissions,” not to mention the applicants who feel obliged to submit hundreds of litigation documents to comply with the duty of disclosure. Similarly surprised will be the litigators who ask whether admissions in pleadings are binding or can be withdrawn, not whether they are admissible. The Board’s refusal, because of lack of resources, to compare Smucker’s accused commercial squeeze bottle with the disclosure of the Seaquist reference is also open to question, especially since there does not appear to be any dispute regarding the structure of Smucker’s commercial nozzle. Reexamination practitioners take note.

Why Patents Matter for Job Creation and Economic Growth

According to Pascal Levensohn, Managing Partner of Levensohn Venture Partners, the problem with the US economy is the lack of Initial Public Offerings. He opines that without an increase in IPOs in the United States it will be difficult, if not impossible, to see the economic growth that we want. Without economic growth there will be no job creation, and the sluggish US economy will continue on its anemic path. He suggests that the best way to increase IPOs is to increase venture capital and make it more attractive. He writes that is our leaders really wanted to fix the job problem in America “there would be no higher legislative priority than promoting regulatory and tax reform to stimulate new capital formation and venture capital in the U.S.”

Going Grassroots in 2011: Fighting the Assault on Patent Rights

In 2011 expect Congress to take up patent reform again, expect it to go nowhere, and expect the anti-patent forces to continue to look to the Courts to do what they have been unable to achieve in Congress, which is the substantial weakening of patent rights. Truth, science and economics are on the side of a strong patent system that rewards innovators. Make it your New Years Resolution to talk to friends, family and business associated about the need for a better functioning Patent Office and meaningful patent rights that can support the creation of new companies and industries. The more we talk about it the better. We can’t call a press conference and get hundreds of media there like the ACLU can, so we need to excel at the ground game — a grassroots movement that isn’t afraid to say it like it is and point out the agenda of those who would prefer to harm innovation in America.

Top 10 Patent, Innovation & IP Events of 2010

At this time of the year all typically sit back and reflect on the year that has been, spend time with family and friends, watch some football and set a course to follow into the new year. So here are the top 10 events that shaped the patent, innovation and intellectual property industry during 2010 — at least according to me, and with a heavy patent emphasis. What did you expect?

Top 10 Social Networking Resolutions for Business in 2011

Chances are you have already put some thought into Social media at some point over the course of 2010. And chances are you or your company is currently finalizing your advertising and marketing budgets for 2011. But how many have included Social Media as a part of your marketing and advertising campaign? Are you are Facebook, Twitter, LinkedIn, Plaxo, IP Alley and other social media sites pertinent to your industry or specialty with in your field? Those you have created profiles on different sites, how active are you in your social media marketing campaigns? How often do you update your work experience and other information? How often do you post content on your profile. How often do you tweet? This are all things you can and should do. And since we are nearing the end of 2010, I thought I would share with you a a list of “Social Media Resolutions” that you should add to your 2011 Marketing and brand building campaign.

Merry Christmas: Christmas Tree Patents

This year I asked Glen Kotapish of Planet Patent if he could provide me some examples of interesting or bizarre US patents that somehow relate to “Christmas trees.” I figured that Glen, the owner of a patent search firm, probably had come across an interesting Christmas tree patent or two over the years. Glen did not disappoint! Incidentally, if you are into bizarre patents I highly recommend visiting his Bizarre Inventions Weird Inventions page.