FRIDAY FUN

March 23, 2008

can the airlines taser you in your seat?

Maybe … Well, they probably don’t want to – but an inventor has developed a way to do so – all while you seat securely in your seat.

United States Patent 6,933,851
Hahne, et al. August 23, 2005

Air travel security method, system and device

A method of providing air travel security for passengers traveling via an aircraft comprises situating a remotely activatable electric shock device on each of the passengers in position to deliver a disabling electrical shock when activated; and arming the electric shock devices for subsequent selective activation by a selectively operable remote control disposed within the aircraft. The remotely activatable electric shock devices each have activation circuitry responsive to the activating signal transmitted from the selectively operable remote control means. The activated electric shock device is operable to deliver the disabling electrical shock to that passenger.

I just want to know who gets to us the “selectively operable remote control” – it may be a new revenue generator for the airlines.  And while the initial drawings show it being worn on the wrist, the inventors have not limited it to such a configuration – for those of you looking for a nice choker necklace, they haven’t left you out in the cold.

I would be willing to spend up to $100 in order to be able to shock the SOB who decides to slam his seat back into my knees over and over… or… or…

Hmm – perhaps turning each flight into a lord of the flies situation isn’t such a good idea afterall.

I did breathe a sigh of relief, however – it doesn’t appear that the patent has been assigned to any airline.  Whew…

[Via Sore Eyes, via Bruce Schneier, via Techdirt]

UPDATE:  Well, it seems that while the airlines themselves do not appear to be interested in the device – there is a company developing the technology into an actual product – Lamperd Less Lethal.  They have even put up a YouTube showing the benefits of the technology and how it can be used – complete with scary/serious voice over (warning, scenes of 9/11 shown):

And it appears that the Department of Homeland Security has “some interest” (entire PDF of letter (378 KB)):

In discussion with my colleagues and immediate superior, we find your ideas have merit and believe it would be of great help on the borders and indeed for anywhere else, for which the temporarily restraint of large numbers of individuals in open area environments by a small number of agents or Law Enforcement Officers (LEOs).  We see the potential uses to include prisoner transportation, detainee control and the military security forces might have some interest.  In addition, it is conceivable to envision a use to improve air security, on passenger planes.

So – you never know.  In the near future, you could be wearing a choker and being tasered by some unknown “keeper of the device”. 

 

Posted by Douglas Sorocco at 08:58 AM.
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FRIDAY FUN

March 21, 2008

yet another Teenage inventor - false teeth for cats

So, it is turning out that today is interesting teenager inventor Friday at PHOSITA.  This time we are thankful to Rachel Gilbert for developing feline false teeth.

Seventeen year old British college student Rachel Gilbert has reached the final of a national competition, the Ideas Igloo Roadshow, with her design for feline false teeth.

They look a little ghoulish, but have a noble purpose: "When animals suffer broken or rotten teeth, they have had to be removed," Rachel told her local newspaper, The Sheffield Star. "The gum can become infected and they find it difficult to chew food. We aim to reduce animals' suffering and improve their quality of life." Local vets are already on board with the design, which was created after taking a mold from a cat with damaged teeth. This revolution in animal dentistry could also be extended to dogs and sheep.

Rachel and her team of eight now have two minutes to pitch their idea to a panel of American Inventor-style entrepreneurs for a chance to win £2000 (around $4000) to help launch their business.

Good luck Rachel!  Just watch out so that you don't become the "crazy cat lady" who lives at the end of everyone's block.

Via: Teenager designs false teeth for cats (no, really)

Posted by Douglas Sorocco at 06:51 PM.
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FRIDAY FUN

Necessity is the Mother - or sister - or daughter - of Invention

Via CrunchGear  — Nerdy Brit girls invent dope sunlight-sensitive nail polish to quash school rules

Some students at a British high-school wanted to wear colored nail polish, but their school prohibited any kind of make up. They found the ban to be unfair so they came up with a novel approach that would keep them out of detention, but allow them to wear their blood-red fingertips.

They invented nail polish that disappears when its not in the sun.

Presented with a problem, these students came up with a solution.  I hope that their science teacher gives them an A.  Better yet, one of the chemical power house colleges should recruit them and provide them with full scholarships.

Very amazing.  Now if we could only put it on some eggs and hide them around the house…..  I wonder if the eggs would disappear.

Have a good weekend everyone!

Posted by Douglas Sorocco at 06:15 PM.
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FRIDAY FUN

October 05, 2007

Ode to the Trademark

I probably should have left the IP poem writing to Laura and Michael but I decided to take a stab at it.  Here goes…

 

A trademark can be a color,
Like John Deere® green, it can’t be confused with any other.

A trademark can be a logo,
Like the Nike® swoosh, you’ll recognize it anywhere, even if you’re on the gogo.

A trademark can be product packaging,
Like the Coke® bottle, you recognize the shape, you’ll never wonder… what is that thing?

A trademark can be a slogan,
Like Bud Light®’s catchy phrase, “I Love You … Man!”

And in closing,
I- P, you P, we all P for I - P! 

Posted by Emily Campbell at 05:04 PM.
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FRIDAY FUN

October 02, 2007

1st Annual DCR Patent Poetry Throwdown--2007

Come one, come all!  Patent enthusiasts and poetry lovers unite! In light of the last couple of weeks of posting on both the new continuation rules and HR1908, we have decided to lighten the air a bit.  Over the next 5 days, each PHOSITAN will be posting his or her best patent-themed poem…and yes PHOSITA® subscribers,  after all poems are posted, you may cast your vote to determine which “poet” (and I use the term loosely) will be dubbed “Throwdown” champion.  Let the games…err poems begin.

Lamentations of the Nonobvious

Sitting, waiting in anticipation,

In the distance, my Outlook® chimes,

Finalized rules on continuations,

Sixteen independents can be a crime.

Fossiled past is now extinct,

For applications once thought united,

Replaced by thoughts of indistinct,

Claims 1 through 12 elect divided.

Voices sound from anxious sighing,

November One on the horizon,

The sounds of money chings from filing,

To keep your specs and claims from dying.

Fini.

Posted by Michael Schade at 04:22 PM.
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FRIDAY FUN

September 13, 2007

women inventors make it patentable

I really hate to admit where I found this information... I would love to be able to say while reading Forbes, but it was a bit less highbrow than that. No matter the source, the subject matter is truly fascinating: synergy occurs when inventive teams include women.

"If you want to create a really useful invention, make sure you have both women and men on your development team," states writer Claire Cain Miller for Forbes. According to a survey by the National Center for Women and Information Technology, mixed-gender teams' technology patents received up to 42% more citations that their single-gender counterparts.

"Our data show that diversity of thought matters to innovation," says NCWIT Chief Executive Lucinda Sanders, who holds six telecom software patents. "We can say involving women is important because women are half the population and have good ideas, but our study shows the impact for companies."

As pointed out by Jezebel, American women have been registering inventions for centuries: The first to receive a patent was Mary Dixon Kies, for a straw-weaving technique. In 1942, Hedy Lamarr (U.S. Pat No. 2,292,387) patented a "secret communications system."

Today, women hold more patents in computer software than in any other category, but, unfortunately, fewer women are getting computer science degrees (a pattern that starts in elementary school, according to an NCWIT researcher).

I am extremely impressed with the information and resources over at the NCWIT website -- well worth a look by anyone interested in getting more women interested in careers in information technology.

Posted by Douglas Sorocco at 06:56 PM.
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FRIDAY FUN

September 07, 2007

Fertility Monitoring Device on a Cell Phone? Really!!!?

Cell phones continue to offer more and more features. Not only can you check your email and surf the internet, but someday you may even be able to determine your significant others optimal baby making temperature! Check out this patent application filed by Samsung which states that:

“[t]he present invention relates to a portable device for measuring a user's basal body temperature (BBT) and a BBT measurement method utilizing the portable device. More particularly, the present invention relates to a portable BBT measurement device and method which can detect a location of a user's eardrum via a predetermined distance sensor, measure the user's eardrum temperature, convert the eardrum temperature into the user's BBT and record the converted BBT into a memory, to generate the user's menstruation information from the BBT recorded for a certain period, e.g. a month, and provide the user with the generated menstruation information.”

 

Maybe I’m a little old fashioned but a fertility monitoring device on a cell phone just sounds creepy.

Posted by Ward Hobson at 09:59 AM.
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FRIDAY FUN

July 31, 2007

Go Big or Go Home

BlawgWorld is back, bigger than ever, and featuring posts from both PHOSITA and Promote the Progress.  This eBook provides a collection of 77 of the most influential blawgs so it is an honor to be included again this year.  The guys over at TechnoLawyer have also provided a Problem/Solution Guide in combo with BlawgWorld 2007.  Time to catch up on your blawg reading and get answers to all of your law firm problems.

 

 

Posted by Laura C. Wood at 04:49 PM.
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FRIDAY FUN

March 30, 2007

No "Big Love" for use of a Mormon Trademark

In a recent article by the Associated Press, the Church of Jesus Christ of Latter-day Saints sent a cease and desist letter to Just Add Coffee, a Utah coffee shop, for using the image of a robed angel holding a trumpet up at an angle as coffee is poured into it.  The Utah coffee shop used the image in ads and to sell t-shirts and greeting cards.  The church claims that the image of the angel Moroni is a registered trademark. 

What’s even more interesting is the lengths to which the church has gone to protect its intellectual property rights.  The Church of Jesus Christ of Latter-day Saints has set up a non-profit corporation, the Intellectual Reserve, Inc., which owns most of the church’s intellectual property.  Most notably, in 1999, the Intellectual Reserve filed suit against Utah Lighthouse Ministries, Inc. seeking a preliminary injunction for copyright infringement.  The Intellectual Reserve claimed that the defendants were infringing their copyrights held in a Church Handbook of Instructions by posting it on a website.  The court granted the preliminary injunction.        

Sidebar comment: While writing this article I couldn’t help but to think back to the great South Park episode “All About Mormons”.  If you haven’t seen it, you can check out a summary of the episode here.

Posted by Emily Campbell at 04:47 PM.
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FRIDAY FUN

March 09, 2007

Them's fightin' words

Check out this week’s WAR OF THE WORDS:

Businessweek reports that in Beijing, China, a pharmaceutical company was refused permission to use the name of a disgraced official as a trademark to sell rat poison.

Forbes reports that Jimi Hendrix’s sister, Janie Hendrix, is suing a Seattle company, which is backed by other relatives, for using the legendary guitarist’s image to sell vodka under the name Electric Hendrix.

The Hill reports that two well-known business trade associations, namely the U.S. Hispanic Chamber of Commerce and the U.S. Chamber of Commerce, are embroiled in a legal battle as to the right to use the words "United States" and "chamber of commerce."

JSOnline reports a “food fight” between Palermo's Pizza and Trader Joe's. The complaint claims that Trader Joe's Pizza Palermo frozen pizzas are trading unfairly on the Palermo's Pizza frozen pizza brand. The fun twist to this story is that Palermo is not only the last name of the family that owns the company that makes Palermo's Pizza, Palermo is also a city in Sicily, Italy, having a style of pepperoni pizza distinctive to the region.

Posted by Emily E. Campbell at 03:30 PM.
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FRIDAY FUN

February 15, 2007

New FedCirc.us Search Tool Released

The master plan for the FedCirc.us site includes several web features designed to deliver patent caselaw information in a more effective manner.  The first - the GimmeTen! feature - has quickly become the most popular page on the site...and for good reason.  Not familiar with it?  Simply bookmark http://10.fedcirc.us and visit regularly.  That page always provides concise summaries of the ten most recently posted case reviews.  We're confident you'll quickly be hooked.

Today we announce the second feature in our bag of tricks - the travelling FedCirc.us search engine.  By following the steps below, you'll be able to search the FedCirc.us site from anywhere on the web.

The best part is the simplicity -- 5 easy steps (4 for most people).  Five minutes tops.

1.  Make sure you're using either Internet Explorer 7 or Firefox 2.0 as your browser.  If you're not, download the latest IE here or Firefox here (both are free).  For the record, FedCirc.us is optimized for Firefox.

2.  Start your browser.

3.  Visit FedCirc.us.

4.  Pull down the drop-down search box in the upper right hand corner and select "Add FedCirc.us" (in Firefox) or select "FedCirc.us" with the gold star next to it (in IE, see image at right).

5.  Surf the web.  Whenever you want to search the site, simply enter a search string in the box in the right hand corner, pull down the list, select FedCirc.us, and hit return.  You can do this from any page on the web...and you'll immediately be transported to a listing of search results from the site.

I've quickly gotten used to searching by party name or full case name as I'm reading on the web.  This little trick has changed my surfing habits for the better...it's a wonderfully efficient way to find information quickly.  We hope you find it useful as well.

As always, if you have any comments or suggestions, please let us know.  You can e-mail Matt directly at jmb @ rtipllc.com.

Enjoy!

Posted by Douglas Sorocco at 05:24 PM.
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FRIDAY FUN

November 17, 2006

andy griffith sues andrew griffith

And you thought all the news about political campaigns and intellectual property would be over now that elections have ended. Don’t worry, it’s not over yet. Check out this story. William H. Fenrick, candidate for sheriff in Grant County Wisconsin, recently legally changed his name to Andy Griffith, allegedly in hopes of increasing his chances of winning the election. Andy Griffith, the actor, found out and recently filed suit against Fenrick alleging he violated various trademark, copyright, and privacy laws. The actor claims that Fenrick changed his name for the "sole purpose of taking advantage of Griffith’s notoriety in an attempt to gain votes." Fenrick argues that he did not benefit from the name change as he lost the election and that the lawsuit is absurd because no one would actually think that he was the actor. Looks like he should have tried appropriating a different name. One of the posted comments to this story suggested that Fenrick should hire Matlock as his attorney.

Posted by Emily E. Campbell at 02:33 PM.
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FRIDAY FUN

November 02, 2006

Magic and Intellectual Property Law: A Mysterious Combination

Last weekend my husband and I went to see The Prestige with Hugh Jackman and Christian Bale – great movie, I would definitely recommend it.  The movie is about two rival magicians who are constantly trying to steal one another’s ideas and illusions.  During the movie I knew that I had officially become an IP nerd when I thought to myself, “I wonder if these illusions could be protected by trade secret law?”  Well, after a quick search on the internet I found a fun article on Wikipedia applying the various aspects of intellectual property law to magic.  Enjoy!

Posted by Emily E. Campbell at 04:14 PM.
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FRIDAY FUN

October 31, 2006

Happy Halloween from PHOSITA!

Don't let the ghouls and goblins get you tonight! 

We here at PHOSITA will be passing out copies of reexamined software patents to all the little trick or treat'rs... um um good!

While you are at it… you might want to check out Denise Howell’s spook-tacular Blawg Review No. 81 over at Bag & Baggage.  Lots of great legal blogging to read along with some hair raising videos.

I wonder how long it will take until our windows are soaped?

Posted by Douglas Sorocco at 06:00 AM.
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FRIDAY FUN

October 28, 2006

Who invented sliced bread?

Well - it looks like a fun and games weekend here at PHOSITA, so via Frugal for Life... who invented sliced bread: 

History is full of great inventions. But, with all due respect to the wheel, none are as celebrated as sliced bread. Because so many enthusiastic consumers enjoy comparing products to the breakfast staple, we thought it high time to give its creator, Otto Frederick Rohwedder, his due.

Mr. Rohwedder was born in the great state of Iowa and is generally credited with inventing the first automatic bread slicer in 1928. Before this, people had to slice their own bread, or, in a pinch, rip off a hunk. According to Food Reference, Rohwedder's invention was initially poo-pooed by bakers who felt sliced bread would go stale too quickly. Eventually, Rohwedder constructed a slicer that also wrapped the bread, effectively solving the problem.

In 1930, Wonder Bread began selling pre-sliced bread. Other large bakeries quickly hopped on the bandwagon. The trend also helped to boost the popularity of another invention still in use today -- the toaster. We wouldn't call it the greatest thing since sliced bread, but it's certainly up there.

Source: Ask Yahoo.com

Image via Flickr tagged with a Creative Commons License

Posted by Douglas Sorocco at 09:19 PM.
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FRIDAY FUN

October 27, 2006

Friday Fun : How Duct Tape is Made

... or as millions of kids say, "How Duck Tape is Made."

Once you are done looking at the video, you might want to have a look at the patents and history.

 

 

Posted by Douglas Sorocco at 10:07 PM.
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FRIDAY FUN

October 20, 2006

The Philly Cheesesteak Family Feud: Pat’s King of Steaks v. Rick’s Steaks

WARNING: This article may contain information about mouth watering Philly cheesesteaks - Do not attempt to read this article if you are hungry or on a diet.

Birth of the cheesesteak: In the early 1930s Pat and Harry Olivieri invented the cheesesteak while operating a hot dog stand in South Philly. The story is that Pat asked his younger brother Harry to go to the Italian market and buy a hunk of steak. The brothers cut up the steak, grilled it on their hot dog grill with some onions, and put it on a bun. The sold their first “steak sandwiches” for a dime. Cheese whiz was later added to the sandwiches in the 1950s. Later on, provolone and American cheeses were added to the menu of condiments. Along with the birth of the cheesesteak came the birth of Pat’s King of Steaks.

In the 1970s there was a family feud and afterwards Pat left for California. The Olivieri family fought over the restaurant and the trademark rights to Pat’s King of Steaks. Pat died in 1974, not so surprisingly from heart failure. After Pat’s death, Frankie (Harry’s son) eventually bought the Pat’s King of Steaks business from his family. Rick (Pat’s grandson) later started Rick’s Steaks less than 2 miles from the original and current location of Pat’s.

The lawsuit: The event that gave rise to this lawsuit occurred in May 2006 when Rick Olivieri, President of Rick’s Steaks, was interviewed by Al Roker on The Today Show. During the interview, Rick allegedly made reference to Pat’s Steaks. Pat’s King of Steaks argues that these references were made in an effort to profit from the goodwill of the trademark Pat’s King of Steaks.

Additionally, Pat’s King of Steaks alleges that Rick’s uses the marks “Pat’s Steaks”, “Pat’s King of Steaks”, as well as a crown logo similar to the crown used in Pat’s trademark in signage and print advertisements on a story-board, hats, and shirts at its restaurant. Pat’s King of Steaks is asking the court to enjoin Rick’s Steaks from using the mark Pat’s King of Steaks and any other mark confusingly similar to Pat’s King of Steaks.

One may think that Rick may raise the defense of nominative fair use, but will it succeed? Take a look at Rick’s website describing the story behind the steak sandwich. Does Rick’s suggest sponsorship or endorsement by the trademark holder, i.e. Pat’s Steaks? What are your thoughts? What other issues may arise?

Posted by Emily E. Campbell at 02:33 PM.
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FRIDAY FUN

October 17, 2006

The Top Ten Milestones of a Young Patent Attorney

 

Yesterday evening, a couple of associates and I sat around the office laughing and joking about the experiences we’ve had in this crazy field since graduation  (note that this happened after all of the partners had left and we had finished all important projects of course).  Although some experiences are universal to “first job” experiences, a young patent associate must also go through several unique “rites of passage” while walking up that hill to competency. 

 

As such, the combined experiences have made it onto today’s post for everyone who can relate because they have been through them, will relate because you one day will go through them, or just crazy enough to want to know a patent attorney’s life journey. 

 

Eat your heart out David Letterman because here are:

 

 

The Top Ten Milestones of a Young Patent Attorney

 

10.  Spending almost a year trying to convince anyone to give you your first patent job and even threatening to move all the way to D.C. just to get the experience that everyone is asking you to have….and then two months after you start your first patent job, getting recruiter calls from all over the country.  Where were the recruiters two months ago?

 

9.  Studying for the patent bar and emphasizing to anyone that will listen that the patent bar only has a 45% pass rate and that is why you are a genius.

 

8.  Taking more than 20 hours to draft your first claim set of three independent claims.  At this point, patent drafting seems like a cake walk…..too bad the partner only keeps the preamble, “An apparatus comprising…..”

 

7.  Realizing the entire past lunch hour was spent discussing the correct pronunciation of ascorbic acid, and that doesn’t seem weird to you at all.

 

6.   Getting your first allowance.  Sure you didn’t really participate in any of the “actual” patent drafting, but you did spend hours and hours analyzing that office action.  

 

5.  Seeing the first press release on a patent you worked on.  Shameless self-promotion: Swept volume 3D display system.  Related shameless firm promotion:  DCR, while setting up OU’s patenting program more than 25 years ago, has also donated more than 1.5 million in legal services and costs. 

 

4.  Answering your first cold call and walking down the hall to the nearest partner so excited that you’ve just landed the Nutty Professor as a client. 

 

3.  Hearing your client blunder through the whole, “You can’t be older than my grandchild and you charge how much per hour?  I didn’t realize that I’d be working with Doogie Howser.  Can I see some I.D.?”

 

2.  Thinking that you are cool being your own lexicographer.

 

1.  Coming to terms with the fact that you really are a geek, no matter how hard you try to conceal it.

 

Posted by Laura Wood at 02:57 PM.
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FRIDAY FUN

October 16, 2006

Starbucks v. Starpreya: The Branded-Beverage Battle

First off, does anyone know how to say “Grande Soy Latte with Sugar-Free Hazelnut” in Korean?

On Wednesday, South Korea’s patent court ruled against Starbucks in a trademark infringement suit against Elpreya. Elpreya, a Seoul-based company, was established in 1999 and operates about 40 coffee shops mostly out of roving trucks (similar to ice-cream trucks). Elpreya sells its products under the brand name Starpreya.

Kim Woo Ki, chairman of Elpreya, stated that the brand name Starpreya was derived from the name Freja, a Norse goddess. He stated that Starpreya has nothing to do with Starbucks and that the letters of the name Freja were changed to make it easier for Koreans to pronounce.

Starbucks claimed that consumers confused the Starpreya-branded products with its corporate and brand name. The Korean Intellectual Property Tribunal disagreed and held that the marks were too dissimilar to be confused.

Starbucks Korea opened its first store in South Korea in 1999 and currently operates 177 stores. This is not Starbucks first bout with Elpreya. Last year the Starbucks filed suit against Elpreya arguing that their logo, a woman’s face within a green circle, was too similar to the symbol of Starbucks. The court rejected Starbucks’ claim that the marks were too alike, noting the mermaid versus goddess distinction.

What are your thoughts? Does the mark Starpreya infringe the mark Starbucks?

Posted by Emily E. Campbell at 09:46 AM.
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FRIDAY FUN

October 08, 2006

the definition of 'pro se' is fairly broad

In a recent case before the Federal Circuit – In re Martin G. Reiffin – the Federal Circuit went to great lengths to excuse the form and substance of the appeal due to the fact that the appellant was “pro se”.

For those who don’t know, ‘pro se’ means “a person who does not hire a lawyer and appears for himself/herself in court”.

So, you would assume that there was no lawyer involved in the appeal – well, you would assume wrong.

It turns out that the appellant himself – i.e., Martin G. Reiffin – is an attorney at law (New York Bar admission is marked as delinquent), a registered patent attorney and previously worked for IBM as a patent attorney. In fact, Mr. Reiffin was quoted in a Wired magazine article in 1998 about his lawsuit he was bringing against Microsoft for patent infringement.  When asked why he was suing Microsoft, he responded:

Virtually all commercial software on the market uses multithreading - which allows two or more sets of operations to be executed simultaneously in a single program - but Reiffin says he's suing Microsoft "because they have 90 percent of the market."

"They asked Willie Sutton: 'Why do you rob a bank?' And he answered, 'Because that's where the money is,'" said Reiffin, a former IBM patent attorney who says he retired after his hobby of tinkering with hi-fi amplifiers turned him into a multimillionaire.

Did the Federal Circuit erroneously go easy on Mr. Reiffin?  Some might say yes… but considering that the Federal Circuit invalidated all of the claims in Mr. Reiffin’s patent on computer hyperthreading (U.S. Patent No. 5,694,603) – it doesn’t look like Mr. Reiffin got off all that easy.

Posted by Douglas Sorocco at 06:31 AM.
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FRIDAY FUN

October 07, 2006

LegalMojo - Lawyer Job Board

Well… the Rethink(ip) folks have been promising the unveiling of a number of projects this fall … so, without further ado…

World, meet LegalMojo… LegalMojo, meet the World. 

Now, y’all play nice!

One of the things that we have really enjoyed in our collaborative efforts is the ability to “matchmake” lawyers and other professionals with companies and firms that need their talents.  In fact, we have been doing so much “matchmaking” that we decided to offer a professional site and environment where job seekers can meet up with employers. 

The site has been up about a week now and we are already ahead of all our projected stats — the number and quality of job postings is amazing and the number of people visiting the site has sky-rocketed. 

So – if you are a job seeker, especially an intellectual property professional – head on over to LegalMojo and find something that fits. 

If you are a potential employer – get your ad up quick and enjoy premiere placement.  Placing an ad is easy and painless and we guarantee you won’t find a better value.

So – get your ‘mojo’ working!

Posted by Douglas Sorocco at 04:18 PM.
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FRIDAY FUN

September 25, 2006

Iowa Legal Blawging Conference - YNotAttend?

Brett Trout, of the fantastic resource Blawg IT, sent me an invite to the YBlawg seminar in Des Moines, Iowa on November 10, 2006. 

Unfortunately, I can’t attend – but all Iowa blawgers and anyone interested in blawging should take advantage of the opportunity to hear first hand what it takes to be a successful AND entertaining legal blawger.

So, YNotAttend?

 

 

Posted by Douglas Sorocco at 10:20 PM.
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FRIDAY FUN

September 19, 2006

Patented Hiccup Reliever - What Will They Think Up Next?

As I was sitting at my desk today, I got the hiccups.

Great. Just perfect. This was ideal timing because a few minutes after I had diagnosed myself with the hiccups, my phone rang. Perfect, now how can I answer the phone professionally and not sound like I’ve had a few too many?

He..(pause)..llo? I lucked out - it was mom. And of course she offered her motherly advice - plug your ears and count to ten. Tried it. Didn’t work. My solution - a spoonful of peanut butter. It worked. Whether or not the peanut butter was the cure, I don’t know, but it was tasty.

So naturally, my curiosity was sparked as to various cures for the hiccups. A quick internet search revealed 249,000 results for a “cure for the hiccups”. Maybe you have even tried some of these creative home remedies. Have you tried standing on your head? Drinking water from the wrong side of a glass? Holding your breath? Or having someone scare you? Maybe not, for fear of embarrassment. But do not fret, there is a new patented device which claims to cure the hiccups. For about $25.00 + shipping you can purchase your very own cure for the hiccups called the Hic-Cup (US Patent No. 7,062,320).

The Hic-Cup is a stainless steel cup with a brass-tipped electrical rod attached. When a person fills the cup with water and drinks from it, the electrical rod rests against the person’s temple and the “Hic-Cup employs the use of natural galvanic action to create a bio-electric therapy that reliably ‘re-sets’ the nerves in the ‘Hiccup Reflexive Arc’.” (www.hic-cups.com) Patently Silly also had a run-in earlier this summer with this device.

Sounds fancy. But does it work? Who knows, but the Hic-Cup does come with a money back guarantee. So at last, there may be a cure to this lifelong annoyance. If you are like my mother-in-law who has every "As Seen on TV" gadget known to man, this may just be one of those gadgets that you simply must try. For me, I think I may just stick with peanut butter.

Posted by Emily E. Campbell at 10:17 AM.
Permalink: Patented Hiccup Reliever - What Will They Think Up Next?
| TrackBack (0)

FRIDAY FUN

Yes, we are still alive... RTIP Projects

It seems like I have utter those words many times over the past couple of months – the question has always been, what happened to Rethink(ip)?  Are you guys alive?

Short answer – yes.  Long answer – yes, as well, although we have been snowed under by a couple of projects.  Add me having viral meningitis in July and the writing is on the wall — things have gotten quiet over at Rethink(ip)!

Well, summer's over, and all of our hard work is coming to fruition. There's a whole slew of new and exciting tools and resources for intellectual property professionals. Stay tuned because we're preparing to launch a series of projects over the next several months – Blawgr, PatentFizz, ipMojo and LegalMojo, to name but a few.

First up, though, is LegalMojo, a job board for legal professionals in all areas of law (not just intellectual property). We're preparing the LegalMojo site for an official launch later this month, and we need to populate it with job postings in preparation for the big rollout.

So we're extending a special pre-launch invitation to the readers of our collective blogs to get their listings in early (read between the lines). If you've got a legal job opening that you need filled, please contact Vince, our jobs board director, via e-mail (vince@legalmojo.com) as soon as possible.

Wondering about the effectiveness of blog-based job boards? Read this Fast Company article, and you'll likely stop your wondering, much like we did.

It’s going to to be a fun and frenzied fall for Rethink(ip) – we really appreciate our readers input, so shoot us an email and let us know what you think.

Posted by Douglas Sorocco at 08:25 AM.
Permalink: Yes, we are still alive... RTIP Projects

FRIDAY FUN

August 13, 2006

opps! even a governor is subject to federal copyright law

I love the political season – which seems to be never ending these days.  Politicians kissing babies, shaking hands and asking for contributions – and those campaign commercials, can you really think of anything that displays American mores and values more than political commercials? 

As you might assume – the above is a bit snarky and disingenious.  Truth is – I am tired of all the election hoopla as are –  I am sure – the vast majority of Americans.

Well, other than voter backlash, campaigns also need to take into account the pesky federal copyright laws.  Ignore them, and suffer the wrath and ire of the creator.

Object lesson:  the Pennsylvania Gubernatorial campaign of Edward Rendell (official Pennsylvania Governor Website).  It appears that Mr. Rendell has republished and “remessaged” at least one editorial written about his opponent by the Pittsburgh Tribune-Review.  This editorial was posted to Mr. Rendell’s campaign website without the permission of the Pittsburgh Tribune-Review.  It was also apparently used in fundraising activities.

The Pittsburgh Tribune-Review was not happy.  They were not amused.  And, they decided to write about it.

Mr. Rendell might keep in mind the quote that has been attributed to Mark Twain:

“Never Pick a Fight with Someone Who Buys Ink by the Barrel”

I would imagine that the Pittsburgh Tribune-Review probably buys ink by the truckload, so it is no surprise that they used such ink (electronic and “old world printed page” to blast Mr. Rendell for wrongfully using their copyrighted editorials.

But when the Trib also chides Republican gubernatorial candidate Lynn Swann -- for either adopting the personnel or ways of the GOP's good ol' pols network (one that's eerily similar to that of liberals and Democrats) -- well, Camp Rendell has been quick to post those editorials and columns on its campaign Web site.

It's the political version of the adage about how the sometimes enemy of your enemy, even if that first enemy is your enemy, too, sometimes can be your friend.

But there's a little problem. It's called federal copyright law. The Rendell campaign never sought permission -- nor would it have received permission had it sought it -- to reformat and reproduce such material in full on its Web site.

Worse, it was using material illegally reproduced to solicit campaign money for Big Ed, based on the proximity of the ill-gotten words to the solicitation ad.

Picking a fight with a newspaper is probably not the best of ideas – even if it is over a pesky copyright issue.  Mr. Rendell’s campaign decided to engage the paper and defend their use of the materials. 

Exposed Sunday last in an editorial, then called on the carpet again last week, Rendell campaign spokesman Dan Fee first, and with little equivocation, defended the practice.

"This has been litigated before and has been deemed to fall into fair use," he wrote in an e-mail. "If you have other information you'd like us to review in order to reconsider, please send it along. But this is actually pretty well established case law."

The paper goes on to basically spank Mr. Fee, a non-lawyer, on his legal interpretation of copyright law — an interpretation that, as the paper pointedly explains, is completely at odds with actual legal precedent. 

So – for you budding politicians reading PHOSITA – be careful what you do and the roles your campaign staffers “play”.  Copyright effects us all – just because you call it “fair use” — doesn’t make it so.  

And for Mr. Rendell’s campaign staffers – you might want to take a look at New York Tribune, Inc. v. Otis & Co., 39 F. Supp. 67 (S.D.N.Y. 1941) (Lexis).

 

 

Posted by Douglas Sorocco at 09:12 AM.
Permalink: opps! even a governor is subject to federal copyright law

FRIDAY FUN

July 23, 2006

as martha would say, patent infringement is not "a good thing"

Incorrect naming of inventors on a patent is “not a good thing” — the curse of Martha appears to not be letting up on ImClone (which experienced strong revenue growth last quarter.)

Complex biomedical research leads to complex determinations of individual contribution: questions of inventorship and ownership often arise at very inopportune moments – for example, when a licensee appears, when tenure is debated and so forth.  Many researchers view patents in the same light as journal articles – the more contributors listed as authors, the merrier.  

Unfortunately, such a cavalier attitude can result in the invalidity/unenforceability of any patent that issues with an incorrect naming of inventors and especially with regards to joint inventors (which is covered by 35 USC 116).

In the U.S. patents are issued in the name of individuals and not to corporations/assignees as is the case in many non-US jurisdictions.  Incorrect naming of inventors goes against the specific outline of patent protection set forth in the Constitution “…by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”  U.S. Constitution Art. I, Section 8

ImClone System Inc., the company at the heart of the Martha Stewart stock scandal, is finding this out the hard way while being embroiled in a “bitter patent dispute that threatens its bottom line and has led some world-renowned cancer researchers into a courtroom for a highly unusual showdown.”

Judge Naomi Reice Buchwald, of the U.S. District Court for the Southern District of New York, is deciding who is the rightful owner of a patent used for ImClone Systems Inc.'s blockbuster cancer drug Erbitux.  The case no is 1:03-cv-08484-NRB entitled Yeda Research v. Imclone Systems, et al.

According to the complaint (which is unfortnately not available on the court’s electronic database), a team of three esteemed scientists from Israel who pioneered a cancer treatment technique claim a former colleague stole their idea and was credited on a patent now owned by Aventis Pharmaceuticals Inc. and licensed to ImClone.

In the 2003 suit, Yeda Research and Development Co. of Israel sued ImClone -- which has an exclusive license for the formula used in Erbitux to inhibit tumor cells -- and Aventis, claiming three of its researchers should be named as the inventors. The current patent names Dr. Joseph Schlessinger, Chairman of Pharmacology at the Yale School of Medicine, as the inventor along with six others, three of whom even the defense has agreed do not belong on the patent.

You know that things are not looking good for you when the judge “telegraphs” her intentions in the case.  For example, according to the MercuryNews article:

Several times, the judge indicated she believed ImClone and Aventis should have settled when Yeda approached the company before trial to seek a deal. ``I cannot decide this based on what the economic consequences may be. That's the risk you take when you don't resolve it,'' she told the Aventis lawyer.

She seemed poised to at least put the Weizmann scientists on the patent, telling one defense lawyer: ``One might wonder why you didn't put the Weizmann people on your patent in the first place.''

Hmmmmm…..  That is a pretty clear sign of which way the judge is leaning and I would expect that there would be some serious settlement negotiations going on right now.  Moral of the story – spend some time when determining inventorship: you don’t want the curse of Martha to show up now – would you?

Posted by Douglas Sorocco at 12:12 PM.
Permalink: as martha would say, patent infringement is not "a good thing"

FRIDAY FUN

July 07, 2006

how to review a patent application - google video - treasure trove of information

Google Video is like the big brother to YouTube – Google provides the information while YouTube provides the laughs (and outright childish gross out).

Google Video actually includes a couple of seminars on patents, patent law and inventor resources.  A terrific example is Patent Attorney Katherine White’s video seminar outlining the process by which a patent application should be reviewed. According to the “liner notes,” Ms. White is a member of Enterprise Partners Venture Capital and the video provides advice for inventors on securing successful patents.  Ms White’s talk was sponsored by the Von Liebig Center for Entrepreneurism and Technology Advancement at UCSD's Jacobs School of Engineering.  A PDF is also available and is a nice booklet to give to people on how to read a patent application.

Enjoy the video – and, if you happen to run across any others, shoot them my way and I will post them for all to enjoy.

 

Posted by Douglas Sorocco at 08:21 AM.
Permalink: how to review a patent application - google video - treasure trove of information

FRIDAY FUN

May 11, 2006

fedex flights and thunderstorms

This has absolutely nothing to do with intellectual property – but it is fun to watch and amazing to see how acrobatic-like air traffic operations appear.

Via Google Video.

Posted by Douglas Sorocco at 07:35 AM.
Permalink: fedex flights and thunderstorms

FRIDAY FUN

May 08, 2006

Play-Doh Turns 50 years old

With our first child recently arrived, I am finding myself turning to the “toys” of my youth for inspiration.  While the little dude is probably too young yet for Erector sets or Junior Chemistry sets, I am thinking about sneaking some gooey colored goodness into the pile of toys that are currently “mom-approved.” 

My first choice – Play-Doh, of course, and in a striking coincidence, Play-Doh turned fifty years old last week. 

The following story ran at failedsuccess.com (a curiously snarky technology website):

In 1956 a new type of “modeling clay” for children was invented and began popping up in schools and stores everywhere. In 1965, U.S. Patent No. 3,167,440 was granted to Noah McVicker and Joseph McVicker for a “plastic modeling composition”, (which was originally intended to be a wallpaper cleaner) now called Play-Doh. Little did they know that they had created the substance of childhood memories as well as many a childhood meal, unfortunately.

Play-Doh persists as one of the most well known and popular childrens “toys” with over 2 billion cans sold since its invention in 1956. As you attempt to clean your children’s Play-Doh out of the carpet, the car, and the bathtub; take a look back with us at how it all got started.

Originally, Play-Doh came in only one color; off-white and came in a 1.5.lb cardboard can. Joe McVicker of Kutol Chemicals had learned from a teacher that modeling clay used by children in the classrooms was often too difficult for many of the smaller children to manipulate. He remembered that his non-toxic composition he had created as a wallpaper cleaner was easy to manipulate and could possibly work as a substitute for the typical modeling clay the schools were using.

Hasbro has quite a history on the mysterious and ubiquitous substance up at the Play-Doh website.

Heck, if it is good enough for Socrates – it has got to be for my kid.

via Tech Blog At PA Pundits » Blog Archive » Play-Doh Turns 50.

Posted by Douglas Sorocco at 08:31 AM.
Permalink: Play-Doh Turns 50 years old

FRIDAY FUN

May 06, 2006

Microsoft files for patent on curse words.

Well, not really.  But I figured that headline might get all the anti-patent folks riled up.  Turns out the Microsoft filed a patent application (Pub. App. 20060095262) in 2004 on a method of automatically sensing and removing curse words. 

Arstechnica is on the case “unearthing” this patent application … um, a note to the writers over there – there really isn’t much to “unearth” – the vast majority of patent applications are published 18 months after they are filed.  The use of the term “unearthing” makes it sound like y’all were doing some sort of Indiana Jones or Dora the Explorer expedition or something. 

Anyway, back to the subject at hand:

A recently unearthed patent application originally filed in October 2004 by Microsoft could make television and radio broadcasters very happy. In it, Microsoft describes the use of an "automatic censoring filter" that can censor undesirable speech in real-time (or batch mode, for Chris Rock). Here's how it works [according to the abstract]:

 

The automatic censoring filter employs a lattice comprising either phonemes and/or words derived from phonemes for comparison against corresponding phonemes or words included in undesired speech data. If the probability that a phoneme or word in the input audio data stream matches a corresponding phoneme or word in the undesired speech data is greater than a probability threshold, the input audio data stream is altered so that the undesired word or a phrase comprising a plurality of such words is unintelligible or inaudible.

A quick check of the status of the application shows that Microsoft hasn’t yet filed an information disclosure statement listing all known prior art – I wonder if it will include a statement that it is “well known in the art that mothers have washed their kids mouths out with soap” for engaging in such “undesired speech”?

Posted by Douglas Sorocco at 10:00 AM.
Permalink: Microsoft files for patent on curse words.

FRIDAY FUN

April 14, 2006

What the heck is a patent troll?

What is a patent troll?

Everyone in the patent community has a general idea of what makes a patent owner a troll, but I can't find a litmus test definition anywhere.  If you've got one, please put it in the comments.  I'm looking for a definition that allows me to decide if a particular patent owner is, or is not, a troll. 

Based on several popular media accounts of NTP (of BlackBerry fame) and other famous trolls, I have the following questions relating to the term:

Must a patent owner eschew commercialization of the claimed invention to qualify as a troll?

Are you a troll before you sue someone who has commercialized the claimed invention?  Or are you magically deemed a troll once you seek to enforce your patent?  Are preliminary licensing negotiations enough to earn the moniker, or must you actually file suit?

Can you be a troll on the day a patent issues only later to earn the right to shed the term, perhaps when you start commercializing the invention?

Can an inventor be a troll?  Or is there some sort of requirement that the patent owner acquired the patent from the inventor or some other previous owner?

Is it enough if that acquisition was part of an ordinary business transaction, or must it have been through some sort of "fire sale" or bankruptcy proceeding, as some have suggested?

There seems to be consensus on a threshold requirement that, to qualify as a troll, the patent owner must not have made use of the invention.  But, even that is vague.  In my mind at least, it raises more questions than answers.  What the heck does "make use of the invention" mean?  Must the invention have been commercialized?  To what extent?  Do initial commercialization activities qualify as 'commercialization', such as market testing, prototyping, and the like, or is actual shipment of product and/or provision of service required?  Could a real troll duck the term if legally advantageous by doing some quick and dirty rapid prototyping?  Market surveys?

Maybe the Supreme Court will fill the gap with its forthcoming decision in eBay v. MercExchange.  A little dicta could go a long way on this issue.  Let's just hope we don't see an "obscenity style" definition.

 

Posted by J. Matthew Buchanan at 01:07 PM.
Permalink: What the heck is a patent troll?
| Comments (7)

FRIDAY FUN

April 12, 2006

Trademarking Corruption

Well, it appears that it isn’t just tax cuts, immigration and hurricane Katrina rebuilding that threaten congressional members these days – now they have to worry about trademark infringement.

“Conservative activist Grover Norquist is seeking a trademark on “K Street Project,” saying Democrats and Majority Leader John Boehner (R-Ohio) have wrongfully acquired the term to describe unethical practices that have nothing to do with his organization.

Far from running away from the term, as most other Republicans have since January, when lobbyist Jack Abramoff agreed to plead guilty to corruption charges, Norquist is embracing it.

His project is a branch of Americans for Tax Reform (ATR), which he heads. He says the project is an innocuous list of job openings for Washington lobbyists and a database of lobbyists’ political ties and federal campaign contributions.”

While there are no apparent pending registrations for “K Street” or “K Street Project” currently available online at the US Patent and Trademark Office, there is a trademark registration for “K Street Coffee” — could the two be considered confusingly similar?

Furthermore, since the purpose of a trademark is to indicate a single source or origin of goods or services – could Mr. Norquist claim that the term “K Street Project” is indicative of a single source or has it become more generic for lobbying corruption in general (a la escalator and aspirin)?  If nothing else, it will be an interesting political “hot potato” when and if Mr. Norquist actually files an application.

In any event, what does Mr. Norquist want to do:

“Some people say Kleenex when they mean tissue,” Norquist said. “We will jealously guard the real phrasing the way Kleenex and Coca-Cola do. We will sue anyone who says it wrong and make lots of money.”

So, does this make Mr. Norquist a “trademark troll”? 

 

Posted by Douglas Sorocco at 01:30 PM.
Permalink: Trademarking Corruption

FRIDAY FUN

April 11, 2006

Woof! Taking Your Pet's Temperature Just Got A Lot Easier

Well, I guess it had to happen. 

From DogFlu.ca:

“Digital Angel Corp. is a company based in St. Paul, Minnesota and is now gaining huge recognition for being the first company to produce, and patent, an injectible device that can be used to take the body temperature of its host animal via radio waves. The patent, granted by the US Patent and Trademark Office, will allow for the company to sell the devices that can be used to unavaidingly test the temperature of dogs, cats, horses, pigs, and any other mammal.

Marketing of the bio-Thermo Microchip has just commenced in the US, however is well under way in other parts of the world. The belief is that the chip can be used to determine early signs of fever, bird flu, and other infectious diseases.”

The patent is No. 7,015,826 and is entitled “Method and apparatus for sensing and transmitting a body characteristic of a host.”

How long before we start seeing a kid version? And… being a cat owner, how do you take a dog’s temperature conventionally?  Do I even want to know?

Posted by Douglas Sorocco at 09:24 PM.
Permalink: Woof! Taking Your Pet's Temperature Just Got A Lot Easier
| Comments (1)

FRIDAY FUN

January 28, 2006

Somebody had to do it

Well, somebody had to do it… I am putting this into the “Friday Fun” category because I am not certain that it is a hoax, but at the same time, if you call your invention “a magic cloak of Harry Potter” – you have to wonder.

A professor from chair of quantum and optical electronics of the Ulyanovsk State University in western Russia has patented a method of making things invisible, Interfax news agency reported.

The so-called invisibility cloak, created by Oleg Gadomsky, is called “The method of conversion of optical radiation” in the patent.

Gadomsky had been long experimenting on nanoparticles of gold. Thus, he invented a sub-micron stratum of microscopical colloid golden particles that makes an object placed behind it invisible for an observer.

“Only static objects can be made invisible for the time present, as during motion a radiation frequency changes. But soon it will be possible to create a cap of darkness and a magic cloak of Harry Potter, the scientist believes.

Russian Inventor Patents Invisibility Cloak - NEWS - MOSNEWS.COM.

Posted by Douglas Sorocco at 01:18 PM.
Permalink: Somebody had to do it

FRIDAY FUN

December 29, 2005

Top 10 IP Source - PHOSITA!

Happy New Year!

And I must say, what a great way to start the New Year -- TopTenSources has selected PHOSITA to be a featured Top 10 Source site for Intellectual Property law.

Patent Baristas, another Top 10 pick (an the best blog on bio/pharma IP issues) describes the Top 10 as:

Top 10 Sources publishes a daily "Top 10" site of the best newsfeeds on the Internet. The editors pick a topic then find a sampling of what they find to be the ten best sources on the Net on that topic that offer newsfeeds - whether they're blogs, mainstream media, or anybody else publishing great stuff online.

One of the editors, Rob Rogoyski, even penned an homage to our little niche of law, entitled “All Rights Reserved”

Copyright, Patent, and TM – oh my!
What Trade Secret does your Trade Dress belie?
Parody and Publicity,
Do I dare to P2P?
Does Fair Use free Intellectual Property?
Read on, and ©.

by Robert Rogoyski

Posted by Douglas Sorocco at 09:00 AM.
Permalink: Top 10 IP Source - PHOSITA!

FRIDAY FUN

December 28, 2005

happy new year!

 I hope everyone is having a truly wonderful holiday season and that the New Year brings happiness, health and exciting new opportunities.

PHOSITA has been a bit quiet the past week – I am in the process of rehabbing and renovating an older home and the imminent arrival of a new family member has kicked my work up a notch! 

Have a safe New Year and we will be back in 2006!

And yes, PHOSITA® is now a registered trademark of Dunlap Codding & Rogers, P.C.

Posted by Douglas Sorocco at 08:49 AM.
Permalink: happy new year!

FRIDAY FUN

December 21, 2005

An Okie in Ohio...

Ok, it's not Friday, but this is fun...and my first official PHOSITA post should shake things up, right?

I met the gentleman behind the license plate in the picture the other day.  As I walked across the frozen asphalt of a local Meijer store in the bitter cold, he pulled his truck into the space next to mine.  I was admiring his truck (a real beauty, by the way) when I noticed the plate.

I thought to myself, I've got to talk to this guy.

He had a full hand of Okie stereotypes:  cowboy hat, snakeskin cowboy boots, and a Boomer Sooner sticker in the window.

"You from Oklahoma?"  (nothing like the obvious to start a conversation with a complete stranger, right?)

"Yes, sir, I am.  Are You?"

"No.  I'm a Buckeye, but I've spent a lot of time in your part of the world lately."

With that, we started a twenty minute conversation despite the cold.  He talked about Oklahoma, Okies, and the Okie spirit (I've been introduced to it lately, but somehow it hit home a bit more coming from a complete stranger).  I told him about my new relationship with DCR and my recent trips to Oklahoma City.

There we stood, two complete strangers talking in the bitter cold.

We finished our conversation and he left by looking me in the eye, shaking my hand, and saying "Thanks for the conversation.  It was a pleasure.  Good luck to you."  The closing was just different enough to stick in my mind.  Then I got it...He had told me that he missed the people the most...the Okies themselves.  He said that he missed conversations in parking lots with strangers (referencing our conversation).

"People don't do that around here," he had said.

In some roundabout way, this Buckeye reminded that Okie of home.  That, I thought, was pretty cool.

Posted by J. Matthew Buchanan at 08:45 AM.
Permalink: An Okie in Ohio...

FRIDAY FUN

December 06, 2005

colin samuels hosts blawg review #35

Wow!  Colin Samuels has put together what is easily the best Blawg Review of them all over at his Infamy or Praise blog.

As Colin sets out, the phrase “infamy or praise” is from Dante’s Inferno and this week’s Blawg Review is a tour of law blogs categorized according to the differing planes of hell.  Why is this so topical, well….

“In addition to the fact that it provided the name of your host's blog, Dante's masterwork is an a