Recent Analysis
Reading Quanta Narrowly
Posted from Patent Law Blog (Patently-O) 23 days ago
Patent Law : Analysis
David McGowan is a law professor at the University of San Diego School of Law. Much of his research involves the interplay between new technologies and antitrust law. I asked him to comments on the Supreme Court’s recent patent-antitrust decision:... (original story)
Filing of Continuations and RCEs: 1998-2007
Posted from Patent Law Blog (Patently-O) 26 days ago
Patent Law : Analysis
Esther Kepplinger at Wilson Sonsini generated the data for the graphs above. They show that RCE filings have dramatically increased over the past decade. (Note that Kepplinger included CPA's in the RCE numbers). (original story)
Applying Festo to Claim Construction: Construing an Amended Claim
Posted from Patent Law Blog (Patently-O) 26 days ago
Patent Law : Analysis
University of Texas v. BENQ, et al. (Fed. Cir. 2008) In 2005, UT filed suit against a total of fifty-six defendants alleging infringement of claims 10 and 11 of its patent that converts text messages into binary syllabic elements before... (original story)
US Patent Office rulings threaten key Google patent, says expert
Posted from OUT-LAW.COM :: Patents 27 days ago
Patent Law : Analysis
Patently-O Bits and Bytes No 52
Posted from Patent Law Blog (Patently-O) 27 days ago
Patent Law : Analysis
Judge Ward to BSC Counsel: "The court has never had counsel so recklessly disregard its orders before this trial" [Smith Discusses] David Donoghue directs us to Victoria Pynchon’s article on ‘negotiating by e-mail.’ Bottom line: e-mail negotiations increase hostility. [Article][Donoghue]... (original story)
Outsourcing of Patent Preparation: PTO Says Beware
Posted from Patent Law Blog (Patently-O) 27 days ago
Patent Law : Analysis
In a recent notice, the PTO has indicated that it may be illegal to outsource invention information to a foreign county for the purposes preparing a US patent application. A foreign filing license from the USPTO does not authorize the... (original story)
What's Sauce For the Private Goose...
Posted from Patent Law Blog (Patently-O) 28 days ago
Patent Law : Analysis
Ilya Shapiro is a Senior Fellow at the libertarian Cato Institute in DC. He was also my classmate in both college and law school. In a recent op-ed for the Legal Times, Shapiro supported BPMC’s contention that the state of... (original story)
Movie: Flash of Genius
Posted from Patent Law Blog (Patently-O) 29 days ago
Patent Law : Analysis
The new movie is based on the life and patent trials of Bob Kearns. (original story)
The Death of Google's Patents
Posted from Patent Law Blog (Patently-O) 29 days ago
Patent Law : Analysis
By John F. Duffy* [PDF Version (42 KB)] The Patent and Trademark Office has now made clear that its newly developed position on patentable subject matter will invalidate many and perhaps most software patents, including pioneering patent claims to such... (original story)
TAFAS v. DUDAS: PTO Asks CAFC To Allow Office to Implement Limits on Continuations and Claims
Posted from Patent Law Blog (Patently-O) 29 days ago
Patent Law : Analysis
Tafas v. Dudas (on appeal at the CAFC) After being rejected by the district court, the USPTO has appealed its case to the Federal Circuit. On appeal, the USPTO asks the appellate court to allow the patent agency to implement... (original story)
Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit
Posted from Patent Law Blog (Patently-O) 30 days ago
Patent Law : Analysis
Book: Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit Author: Mark Davies Publisher: Oxford University Press Cost: $85.00 from Amazon Mark Davies recently authored the user manual for Federal Circuit appeals. From its 300 spiral-bound pages, you... (original story)
Are these appeal timing estimates correct?
Posted from Patent Law Blog (Patently-O) 32 days ago
Patent Law : Analysis
The PTO is asking whether these numbers are accurate under the newly finalized Appeal Brief rules. (This will impact whether the Whitehouse allows the new rules to be implemented). Comments are due by August 9, 2008, to Susan Fawcett (Susan.Fawcett@uspto.gov),... (original story)
Legal Ethics Survey
Posted from Patent Law Blog (Patently-O) 32 days ago
Patent Law : Analysis
Please take four minutes from your day to complete the following survey on the ethics of patent prosecution: ETHICS SURVEY. This survey stems from last week’s discussion of the “Poor Man’s Opposition,” and considers how attorneys and agents should respond... (original story)
Can a Patent Plaintiff Reserve Claims to be Filed in a Later Lawsuit?
Posted from Patent Law Blog (Patently-O) 32 days ago
Patent Law : Analysis
Hemphill v. Kimberly-Clark (Fed. Cir. 2008 — appeal pending) Over the past few years, the CAFC has been developing its jurisprudence on both claim preclusion and issue preclusion. A new appeal will likely add to the mix. Hemphill initially sued... (original story)
Trade agreement plans do not include iPod frisking
Posted from OUT-LAW.COM :: Patents 33 days ago
Patent Law : Analysis
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