Patent Briefs
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IPWatchdog by Gene Quinn
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21 July 2010
Lots of Support at Patent Office Three Track Public Meeting
All in all I would characterize the mood of the PTO officials I spoke with as up-beat and the mood of the stakeholders in attendance was generally positive, but with reservations about the mechanics of Track 3. After the event I too would be upbeat if I were among the senior ranks at the USPTO. Those aspects that were viewed as negative or needing more work or clarification seemed few, were identified over and over again and should be addressable. That being the case it seems the majority of the proposal is acceptable and the community remains hungry for these types of creative initiatives, which sadly is all we have given that Congress continues to be AWOL on even relatively meaningless reforms,...
Read More & Comment Posted @ 21 Ju EST
19 July 2010
Wall Street Journal Profiles Medical Marijuana, but not Important USPTO Issues
Earlier today the Wall Street Journal gave front page space to a story relating to the United States Patent and Trademark Office. Widely regarded as one of the “papers of record” in the United States, one might expect that the Wall Street Journal had brought its considerable clout to an important issue plaguing our time, such as an horribly under funded Patent Office that is holding innovation hostage, costing America perhaps millions of jobs. NO! Rather than educate itself and others, thereby exposing in real terms for the everyday observer the plight of the Patent Office and what it means to the United States economy, the Wall Street Journal wrote a front page article on the errant creation of a trademark class...
Read More & Comment Posted @ 19 Ju EST
18 July 2010
In Search Of a Definition for the term Patent Troll
The reality is that the term patent troll seems to be more in the eye of the beholder than anything else. So a patent troll is whoever is suing you because you must be correct and some evil wrong-doer is holding you hostage. Never mind that you are actually infringing and you are the real wrong-doer (i.e., tortfeasor). So the term patent troll is much like the term communist during the McCarthy era. Once you are labeled a patent troll reality no longer matters, just as those who were labeled communists found out. Of course, some of those who were labeled communists by Senator McCarthy were, in fact, communists. But there were some who were labeled communists that were not, having only been caught up...
Read More & Comment Posted @ 18 Ju EST
17 July 2010
USPTO to Host Roundtable on Three-Track Patent Proposal
The United States Patent and Trademark Office (USPTO) will be holding a public roundtable discussion on its proposed Enhanced Examination Timing Control Initiative, also known as Three-Track, currently under consideration by the USPTO. The purpose of the roundtable meeting is to solicit opinions from the public on the proposed initiative. The meeting will be held on Tuesday, July 20, 2010, from 1:30 p.m. to 5:30 p.m. at the USPTO headquarters in the Madison Building Auditorium, which is located at 600 Dulany Street, Alexandria, VA, 22314.
Read More & Comment Posted @ 17 Ju EST
15 July 2010
E.D. of TX Rejects Design Patent Point of Ornamentality Test
In a recent decision, the Eastern District of Texas has clarified the proper role of functionality in claim construction for design patents. By statute, design patents must be directed to ornamental designs for an article of manufacture. As a result, courts have struggled with how and when functional aspects of a design should be considered when construing a patent claim. The Federal Circuit addressed this issue earlier this year in Richardson v. Stanley Works, 2010 WL 774334 (Fed. Cir. 2010), in whch it appeared to direct district courts to factor out the functional aspects of designs during claim construction.
Read More & Comment Posted @ 15 Ju EST
Nick Godici Part 3: Funding Crisis 2009, Furloughs and Fun Stuff
In this final installment of my interview with Nick Godici we learn just how close the Patent Office was to sending out 9,000 furlough notices (to all those on the patent side of the building) during the Summer of 2009 as a result of lack of funds. We also discuss the historic patent allowance rate versus the 42% rate the Patent Office got down to during the Q1 of 2009. Godici also humors me by answering the fun questions and we learn that he was the primary examiner on a somewhat famous (or infamous) patent relating to a bird trap and a cat feeder, and he goes off the board with an interesting selection for most famous fictional inventor.
Read More & Comment Posted @ 15 Ju EST
USPTO Extends Comment Period for Draft Strategic Plan
The United States Patent and Trademark Office (USPTO) announced that the period for receiving public comments regarding the agency’s 2010-2015 draft Strategic Plan has been extended until August 2, 2010. The extension has been made to allow more time for the public to provide feedback to the agency about the plan.
Read More & Comment Posted @ 15 Ju EST
14 July 2010
Patent Trolls: A Conspiratorial Story of Symbiosis
Everyone seemed interested in paying exorbitant sums of money to litigate, complaining all the while. It seems obvious to me that those that complain, for the most part, do so because they need a boogeyman to rail against on Capitol Hill as the reason they need legislation that will destroy the fabric of the patent right and bring the patent system to its knees.
Read More & Comment Posted @ 14 Ju EST
13 July 2010
eBay’s PayPal Sued for $11.4 Billion for Patent Infringement
The complaint seeks $3.8 billion in damages at a minimum, but no event less than a fair and full reasonable royalty, but also seeks tripled damages as a result of willful infringement, which would bring the total to $11.4 billion at a minimum. While willful infringement is quite hard to prove, if the facts actually are what is alleged it would seem as if the case is exceptional, which could lead to triple damages and attorneys fees as well. So when you add that all together and add pre-judgment and post-judgment interest, the total amount on the line could easily exceed $15 billion. If the facts alleged even remotely resemble reality this could turn out to be an epic battle to which we...
Read More & Comment Posted @ 13 Ju EST
Nick Godici Part 2: Reagan and Obama, Bilski and Being PTO Director
In this interview we talk about how two Presidents that are extremely different on so many fronts, Presidents Reagan and Obama, are pursuing quite similar strategies regarding the Patent Office. We also talk about the importance of good working relations between patent examiners and the patent bar, the enormous backlog of applications at the Patent Office, the Patent Office process for handling decisions and issuing guidance in situations such as the recent Supreme Court decision in Bilski v. Kappos and what it is like to be Commissioner for Patents and the Director of the Patent and Trademark Office.
Read More & Comment Posted @ 13 Ju EST
In the Spotlight
The Cross-Exam
Moderators
- John White
is the founder, director, and principal instructor of PLI's highly-popular Patent Bar Review Course and is an adjunct professor in patent law at John Marshall Law School in Chicago. - Eugene Quinn
is a Patent Attorney in the law firm of Zies Widermand & Malek. He is also a law professor, a principle lecturer in the PLI Patent Bar Review Course, the founder of IPWatchdog.com, and former Columnist for Patent World magazine.
Continuing Legal Education since 1933.