PATENT WONK NEWS
October 31, 2007
pto website finally updated
Well, it looks like the USPTO finally updated the front page “news” on their website. I took some time off watching it to help the trick or treaters out, so I am not sure what time it officially “went live”.
So – kudos to the USPTO for taking approximately 7–8 hours to get notification up about the injunction to the patent community.
So – patent community, 7–8 hours. WSJ – almost instantaneous reaction.
Posted by Douglas Sorocco at 07:13 PM.
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PATENT WONK NEWS
pto official communication to examining corps
Well – it appears that the USPTO has sent around a memorandum to the entire examining corps informing them of the injunction.
If you want to see the document, click here: PTO Notice.pdf (973 KB).
Fairly routine and it doesn’t convey much information… but, it is now 6:10pm Eastern Time and still no word or information to the patent community.
No email.
No website information.
No phone call.
You would think they didn’t want people to know.
Posted by Douglas Sorocco at 05:11 PM.
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PATENT WONK NEWS
2:47pm Eastern - Why no news from USPTO?
Hmmm…. As Steve, Matt and I have been noticing – it is 2:47pm Eastern time and the USPTO website still has no news relating to the injunction issued this morning.
They, of course, still have up the warning about the Nov. 1st implementation from last week but they apparently cannot update the website with the news that they lost and the rules will not go into effect tomorrow.
What ever are they waiting for?
Update: 4:47pm Eastern – Still no word.
It is coming up on the close of the business day at the USPTO and there is still no word on the front page of the USPTO’s website allerting patentees that the Nov. 1st implementation of the rules has been enjoined.
No email.
No website.
No phone call.
As the administrator of the entire patent system in the U.S., don’t they have an obligation (actual or implied) to notify their stakeholders about the injunction?
As Matt said, they had time to speak with the WSJ – why don’t they have the time to speak to their stakeholders?
Posted by Douglas Sorocco at 01:51 PM.
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PATENT WONK NEWS
October 03, 2007
All New PatentFizz - The Good Stuff Always Rises to the Top
All around intellectual property and web wunderkind Matt Buchanan has taken his hugely popular PatentFizz site to the next level this past week – bold new colors, new layouts, and useful new content and tools.
According to Matt, on his summer vacation he has been anything but slothful:
You'll notice right away that the site has been completely redesigned. It's a bit easier on the eyes, you might say. The FizzDisplay pages present the abstract, claims, and bibliographic information in an attractive, easy to read format that loads quickly. The FizzDisplay is sweet, instant gratification.
The improvements are not just cosmetic, though. Nope....PatentFizz has an impressive slate of all new features designed to more effectively deliver patent-based information. I'll be detailing these features on Fizzure, the PatentFizz blog, over the coming weeks, so be sure to subscribe to the RSS feed.
We failed to mention last month that PatentFizz was featured as part of the Economist magazine’s article on patent commenting, examination and intelligence sites.
Check it out and if you have some “scoop” on a particular patent and be sure to share it with the world!
Posted by Douglas Sorocco at 09:28 PM.
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PATENT WONK NEWS
September 16, 2007
Dunes CLE - Vegas Legal Fun!
Dunes CLE has all the fun - all the while providing an informative and 
timely panel of experts on intellectual property matters. It can't get much better than a little gaming, some sun, a beverage of your choice after a day of in-depth legal information.
Dunes' Fall, 2007 seminar is rapidly approaching on October 12th at the Bellagio Hotel in Las Vegas. The theme of the conference is "Current Issues in Patent Law 2007" and features a double helping of J. Matthew Buchanan updating everyone on Patent Law and Policy Updates from within the legislative, executive and judicial realm.
Other topics include:
- Inequitable Conduct After McKesson: Has The "Plague" Returned? - Thomas M. Hardman
- USPTO Claims and Continuation Practice Files Rules: Where Are We Now? - Mark Sandbaken
- Statutory Subject Matter in 2007 and Beyond - Robert Ryan Morishita
- The Supreme Court's Decision in KSR v. Teleflex - Eric L. Maschoff
PHOSITA has been an avid fan of Dunes' from the beginning - and, as they say, what happens in Vegas, stays in Vegas!
Posted by Douglas Sorocco at 04:05 PM.
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PATENT WONK NEWS
August 09, 2007
Tell the USPTO what you think.
Although we have all seen how important the USPTO believes our comments to be on substantive issues, they have asked me to post this so readers of PHOSITA can weigh in.
Complex Work Units Pilot at the USPTO
The United States Patent and Trademark Office (USPTO) is seeking participants for a Complex Work Units (CWUs) Pilot Program scheduled for late 2007. CWUs are chemical structure drawings, mathematical formulae, protein crystal data, and table data, which often add significant complexity and cost to the examination and publication of patent applications in which they are contained.
The CWU Pilot Program will be conducted in an effort to:
- Investigate filing practice options for CWUs
- Gather information about existing CWU formats and their use in the Intellectual Property community
- Evaluate rule changes to allow applicants to submit CWU files
- Determine other acceptable file types
The pilot will allow applicants to submit original source files for CWUs through EFS-Web or on a CD, supplementing the traditionally-filed application parts. The CWU source file submissions will not be considered when calculating the application size fee, which will reduce the cost of filing for pilot participants.
The USPTO is requesting participants in an effort to gather more information about CWUs from the intellectual property community. If you have any questions or would like to participate in CWU Pilot activities, please send an e-mail to cwupilotsupport@uspto.gov today!
Posted by Douglas Sorocco at 09:41 AM.
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PATENT WONK NEWS
July 30, 2007
Legal Imperatives on Intellectual Property Management
Market Research Reports has released a new title on intellectual property asset management and protection entitled “Legal Imperatives on Intellectual Property Management”.
It appears to be an interesting read, although not inexpensive (550 Euros). If any PHOSITA readers have a copy, let me know your thoughts/reactions so other readers can make an informed decision on purchasing.
From the Market Research Website:
Only in recent decades have issues related to the protection of intellectual property rights come to be seen as significant sources of legal and business uncertainty. In part, this uncertainty derives from the fact that intellectual property is importantly different from physical property. Intellectual property can be stolen by an act as simple as broadcasting an idea without the permission of the originator. -- Former Federal Reserve Chairman Allan Greenspan in his remarks at a 2004 conference on Economic Policy Research, at Stanford University
The business landscape is littered with intellectual property landmines. Microsoft, Apple Computer, Sun Microsystems, Medtronic, Research in Motion and Nintendo are just a few of the companies that have settled patent infringement disputes for hundreds of millions of dollars. Toshiba paid a $425 million judgment to Lexar for violating trade secrets. Pfizers patents for Viagra were ruled invalid in China and Microsoft faces similar concerns over its Office product in South Korea. In the battle of protecting intellectual property, the IP lawyer is on the front lines. It is the IP lawyer who:
-Drafts the patent applications, knowing that the defensibility of the firms intellectual capital hangs on each word that the IP lawyer crafts.
-Must have the prescience to secure valuable IP rights throughout the world in anticipation of his company later doing business in remote markets.
-Must defend his company against attacks by patent trolls.
-Must have the business savvy to transform fierce litigation into mutually beneficial licensing agreements.
-Must retain patent, trademark, and copyright exclusivity while avoiding anti-trust challenges.
This report includes interviews with many of the nations foremost authorities on the intellectual property law. Intellectual Property Litigation is extremely expensive and becoming increasingly common. From 1984 to 1999, the mean loss absorbed by companies faced with IP litigation was $28.7 million in total losses. Microsoft, Apple Computer, Sun Microsystems, Medtronic, Research in Motion and Nintendo are just a few of the companies that have settled patent infringement disputes for hundreds of millions of dollars. Cisco Systems reports that it is named as a defendant in at least one IP lawsuit each week.
Posted by Douglas Sorocco at 02:13 PM.
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PATENT WONK NEWS
July 29, 2007
Patent Reform - Getting Ready for the August Recess
Patent reform is the buzzword around the patent world right now and, for once, the news is not limited to geeks, wonks and inventors. The mass media appears to have gotten the "patent reform" bug as well - although, it appears that the "fixing the ridiculous" meme is taking hold.
For example:
Congress tackles patent-law reform -- via the baltimoresun.com
WASHINGTON - Crustless peanut-butter-and-jelly sandwiches, a way to move sideways on a swing, a technique for exercising cats using a laser pointer - these are among the inventions patented in the United States over the years.
Now Congress is trying to cut down on poor-quality or downright ridiculous patents, and at the same time adapt the patent system to a high-tech era in which computers and other electronic devices might contain thousands of patentable parts.
We will be exploring all things patent reform here at Phosita during the month of August, so send us your stories, frustrations and rumors. Of course, we will not reveal your name, slant or employer - so, send it to: douglas.sorocco+reformtip@gmail.com
See you in August!
Posted by Douglas Sorocco at 09:12 PM.
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PATENT WONK NEWS
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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PATENT WONK NEWS
February 12, 2007
Nope... There is no 'Official' Policy
Of course the PTO has no ‘official policy’ relating to the dis-allowance of patent applications. It is merely coincidence that the number of allowances have plummeted …. while the “backlog” continues to grow…
Anyone have a FOIA form handy?
Discussion: Matt Buchanan on “Rethinking Backlog”
Posted by Douglas Sorocco at 08:30 PM.
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PATENT WONK NEWS
February 11, 2007
Patent Rights Do Not Hinder Research
A report on a survey conducted by the American Association for the Advancement of Science details how international intellectual property rights are affecting scientists' ability to conduct research. AAAS_IP_Survey_Report.pdf (477 KB)
According to the report, patents do not hinder research: 32% of the 2,117 U.S. respondents had acquired rights to use a patented technology, method, or material and of this group, only 32% reported having had difficulty accessing the technology.
See also AAAS’ slides from its 2006 IP Workshop.
Posted by Douglas Sorocco at 03:35 PM.
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PATENT WONK NEWS
January 31, 2007
The Resolution(tm) -- a new Fedcirc.us Product
FedCirc.us (Matt/Steve/and I) announced earlier today the availability of a free preview issue of The Resolution, the inaugural issue of our quarterly magazine, The FedCirc.us Reader. Download the .pdf here.
According to Matt:
The Resolution will give you a sneak-peak at the features of the magazine. It's jam-packed with all sorts of patent-caselaw goodness, including a 'Trend Spotting' article, a featured case review, prosecution- and litigation-focused digests, chronological and alphabetical listings of cases from last quarter (including summaries), and a fun "Quotables" section that includes some of our favorite quotes from cases issued during last quarter.
For this issue, we've even included a brief note about the story behind the FedCirc.us name and domain.
We think you'll agree that the magazine is an exciting and effective new tool for staying current on patent caselaw developments.
Of course, the free preview issue includes subscription details for the magazine. The site will be ready to accept subscription payments starting tomorrow.
Please download our first copy and let us know what you think.
Posted by Douglas Sorocco at 10:20 AM.
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PATENT WONK NEWS
January 16, 2007
Recent jobs on LegalMojo
Recent IP jobs (or at least jobs the IP crowd might be interested in) listed on the LegalMojo legal jobs site:
LegalMojo RSS feed: http://www.legalmojo.com/feedburner.php
Posted by Douglas Sorocco at 02:33 PM.
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PATENT WONK NEWS
January 02, 2007
A Little Something New - Fedcirc.us
Happy New Year! – and – Happy Birthday PHOSITA!
Wow – it is amazing to think we just stepped into 2007. When we started PHOSITA three long years ago, we had no idea how this little project would turn out or even how long it would stay in existence. Thanks to all of our readers for the great tips, the snarky criticisms and the amazing friendships that have occurred. We are looking forward to our fourth year and we have a couple of new things up our sleeves to trot out down the road.
Speaking of friendships and new things, Matt, Steve and I are happy to announce the launch of FedCirc.us – the patent caselaw portal! Built largely upon Matt’s stellar leadership and insightful writing, we have been tiddying up the tents and getting the main ring ready for y’all to come and explore. A few folks have been testing the lines and unfurling the flags for us, but today…. well, today – WE GO LIVE!
Yes – it lives. FedCirc.us is alive. Visit it at http://www.fedcirc.us (and just because we have a wierd sense of humor, http://www.fedcircus.com will work, too).
Currently, FedCirc.us is a website that allows patent professionals and other patent stakeholders to access, digest and manage patent caselaw information. The site is built on a foundation of timely, accurate, and considered reviews of patent decisions from the Supreme Court of the United States and the Court of Appeals for the Federal Circuit.
Check out some of these great features:
We're extremely excited about this project, mostly because the website is just the beginning. FedCirc.us is merely the leading edge of the most ambitious and significant RTIP LLC (otherwise known as the Rethink(IP) guys…) project yet. We've got a slate of informational products and services - all built around the FedCirc.us foundation of case reviews - that we'll be announcing over the next several months.
So come on by and stay awhile – we just might buy you some Circus Peanuts!
Posted by Douglas Sorocco at 06:49 PM.
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PATENT WONK NEWS
December 13, 2006
2007 Corporate Patent Congress Conference
One of the greatest benefits of blogging the last couple of years has been the ability to speak at different conferences and CLE programs. Both Matt and I have greatly enjoyed our experiences and travels this past year and look forward to meeting many more of our readers and colleagues in 2007.
Our first stop in 2007 is the American Conference Institute’s Corporate Patent Congress 2007 (link to program). It will be held January 22–23, 2007 at the New York Marriott East Side Hotel in New York City.
I must confess that I am really looking forward to participating in this conference. All of the speakers are incredible and I think that the topics are quite timely and engaging. Matt and I will be speaking on a panel along with Stephen R. Albainy-Jenei of the Patent Baristas Blog (a PHOSITA favorite) on “Maximizing Your Corporate Patent Portfolio and Harnessing Its Value in Changing Times”.
The topics we will be covering include:
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Utilizing aggressive offensive and counter-defensive measures to generate a steady revenue stream from your IP portfolios
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Increasing corporate prowess and maintaining your competitive edge in the market through strategic patent acquisition
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Incorporating patent portfolio management into your business planning and valuation strategies
For a full list of all of the conference sessions, download the attached conference flyer (PDF 206kb). As a special bonus for PHOSITA readers, mention discount code 662L07.SBLG and you will receive $200 off of the registration fee.
We look forward to seeing everyone in New York City in January! Let’s us know if you are coming and we can set up a time to meet over a beverage or two of your choice – Matt will be buying, of course!
Posted by Douglas Sorocco at 10:49 AM.
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PATENT WONK NEWS
November 01, 2006
A Patent Application or a Soapbox?
Wow... wow.... all I can say is ... wow.
U.S. Patent Application No. 2004/0161257 has this little nugget in it as claim number 9.
I applaud whoever drafted the application for their sense of spunk, but you really have to wonder.... what were they thinking?
Personally, if there was an oath/declaration signed by the inventor (also -- PDF version) and filed in the application stating that the inventor had read and understood the application to accurately reflect their invention - I would be worried that claim 9 could cause some problems down the line.
Once again... wow... all I can say is ... wow.
Posted by Douglas Sorocco at 02:11 PM.
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PATENT WONK NEWS
October 30, 2006
Research Help: How many patent attorneys sit on corporate board of directors?
Help! 
I know the erudite readers of PHOSITA may have valuable information I need:
I am working on article regarding the makeup of corporate board of directors and I am trying to get a sense of how many patent attorneys are directors.
If you know of anyone or have a suspicion, please send it my way.
Thanks and hopefully this will be picked up around the IP corner of the blog-o-sphere... hint, hint, hint, hint, hint, hint...
Image via Flickr.
Posted by Douglas Sorocco at 10:50 AM.
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PATENT WONK NEWS
October 29, 2006
Slow patent process continuing to hurt nanotech enterprises.
Via the Chicago Tribune, a quick update on the progress of efforts at the USPTO to increase the speed of processing patents on nanotechnology. The conclusion in a nutshell: not much has happened.
Alan Gotcher, president and chief executive of Altair Nanotechnologies Inc. based in Reno, Nev., whose firm is working with nanomaterials to improve battery performance, said he's been filing for nanotech patents since the late 1980s and the lag in processing them has become a problem recently.
'The impact is one of perception,' Gotcher said. 'When you don't get a response from a patent application filing, you don't know what else is going on.'
Posted by Douglas Sorocco at 08:55 PM.
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PATENT WONK NEWS
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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PATENT WONK NEWS
Continuation Rule Implementation May be Delayed til 2007
As many readers know, the U.S. PTO has been pounding its chest over the past year with threats of implementing a draconian and, as believed by many, unconstitutional rule limiting the availability of continuation applications. Matt has a couple of great posts on the subject of the ‘continuation rule’ over at Promote the Progress.
According to a news blast from Hal Wegner this morning, a reliable source has informed him that the implementation of the rule may be delayed into 2007 and possibly killed altogether. 
Specifically, according to Hal:
An always previously reliable PTO official has stated that the dreaded, notorious "continuation rules" package is hung up within the PTO with uncertain implementation. Per this official, the continuation rules, if implemented, will be significantly delayed well into calendar year 2007. The information has been provided by Leon Radomsky, Chair of the AIPLA Chemical Practice Committee, in his notice of the meeting later this week in Washington, D.C. The relevant information on the continuation rules has been highlighted in red.
Rob Clarke noted at the beginning of the meeting that the proposed rule changes regarding Continuations and Representative Claims are still being considered, that more comments were filed in response to these rules than ever before, and that if they do decide to go forward with the rule changes, they have to be submitted through a special rulemaking procedure because they are substantive rule changes. That internal administrative review will take at least 90 days, and the result may be a refusal to allow the rules to go forward. And after that, it will be at least another 30 days before the rules become final. Rob Clarke did state that he expects the IDS rules to come out before the continuation and representative claims rules.
If any reader has any additional information – please post in the comments or send to me via an email —– your anonymity will be safe with us.
Posted by Douglas Sorocco at 09:01 AM.
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PATENT WONK NEWS
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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PATENT WONK NEWS
June 18, 2006
Rethink(IP) Aloud - New Podcast Available at Rethink(IP)
There is a new podcast available over at Rethink(IP):
We are proud to announce that our newest podcast is available for your down loading and listening pleasure – Rethink
(IP) Aloud #6.
The audio is approximately 47 minutes long and the file is a 41.1MB file. If you want to grab the RSS feed and subscribe to the Rethink(IP) Aloud podcast – you can get it via FeedBurner at Rethink(IP) Aloud Podcast.
This podcast is the audio portion of Matt’s lecture on U.S. patent reform in 2006 and covers the efforts happening in the 109th Congress and at the Supreme Court and USPTO. We posted the video of the presentation over at Phosita last week and received many requests for an audio only version. Matt’s PowerPoint slides to go along with the Patent Reform lecture are also available.
The intro and ending music is “Patricia” by Billy May and his Orchestra off the Ultra-Lounge Vol. 11 album.
Happy father’s day!
Posted by Douglas Sorocco at 02:11 PM.
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PATENT WONK NEWS
June 13, 2006
Rethink(IP) Announcement: New Weekly Newsletter Covering Trademark Litigation
The fine folks over at Rethink(IP) (ok – it is Steve, Matt and I) announce a new service based upon our highly successful “lawsuit filing” email subscription service.
The fact that a lawsuit has been filed can be an incredibly valuable piece of information, especially in the practice of trademark law. To wit, Rethink(IP) has released a new weekly e-mail newsletter. Called Trademark Lawsuit Mojo, the newsletter consists of a list of Federal trademark lawsuits that surfaced in the previous week.
Why is the existence of a lawsuit being filed such a valuable piece of information?
First, the defendant might not know that he/she/it has been sued!
Your company, or your client, might have no idea that a lawsuit has been filed. How can this be? Remember that in the United States, a plaintiff has 120 days from the date of filing to serve a Complaint upon the defendant(s). To reserve a preferred venue/forum, many times a plaintiff will preemptively file the suit and not serve the Complaint, spending up to the next 120 days putting their case together, acquiring additional evidence, and (sometimes) attempting to settle the dispute.
Knowing that your company or client has been sued (but hasn't been served) can be priceless information when counseling them. How's that for a valuable "heads up?"
Second, the filing of a lawsuit can also be a valuable piece of competitive intelligence.
Knowing that competitor X just sued competitor Y may change discussions you're having with competitor X, Y, and/or A! It could also help in decision-making on several issues, such as marketing and product development. Best of all, it may allow you to monitor the case for information that might be helpful in a variety of situations.
As one reader recently put it:
I subscribed last week and already impressed a client yesterday by being aware of a lawsuit filed by one of its competitors.
You can subscribe to Trademark Lawsuit Mojo using one of the below links. Current rates are $99.99 a year or $9.99 a month. The first three weeks are free (free trial). After the free trial expires you can decide whether you would like to continue your subscription.
We don't expect any of us will be quitting our day jobs anytime soon … commercialization of this project (and eventually Copyright and Patent newsletters) is done to fund the “Rethink(IP) Projects Account” and let us provide additional cool tools and services to the legal community. Apparently computer programmers don’t work for free.
Please contact Stephen M. Nipper at steve@rethinkip.com for additional information.
Posted by Douglas Sorocco at 04:48 PM.
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PATENT WONK NEWS
June 12, 2006
patent reform lecture - j. matthew buchanan
A couple of weeks ago, the IP Section of the Oklahoma Bar Association conducted its annual CLE seminar at Tanglewood Resort on Lake Texoma. My partner, Nick Rouse, was in charge of the weekend and did a phenomenal job.
The lecturers were top notch and although I am a bit biased, I would have to say that Matt Buchanan was one of the two best speakers over the course of the weekend. Matt blogs about patent reform issues and patent legislation over at Promote the Progress.
Matt spoke on the recent patent reform efforts underway in the United States and the impact any such reform may have on practitioners and patentees.
Considering the timeliness and importance of Matt’s talk, I recorded the lecture and DCR is presenting it here for your review and comment.
The video stream can be viewed below (or you can grab it at Google Video as a stream, as a download or as a video iPod download). The PowerPoint slides are available for download as a PDF file (2.2MB).
Posted by Douglas Sorocco at 01:42 PM.
Permalink: patent reform lecture - j. matthew buchanan
PATENT WONK NEWS
May 29, 2006
Recently on Rethink(IP)'s RSS Mojo Blog
- Listings of recently filed IP Lawsuits
- USPTO Notices:
Posted by Douglas Sorocco at 10:58 AM.
Permalink: Recently on Rethink(IP)'s RSS Mojo Blog
PATENT WONK NEWS
April 10, 2006
patent resources group
Until last week, I hadn’t been to Professor Kayton’s (Patent Resources Group) advanced patent law seminars in about eight years. While I had taken PRG’s patent bar review course way back when, I had only attended one of the advanced seminars (chemical practice) since that time. I had a vague recollection that the classes and social time were outstanding, but I still had some nagging concerns re: cost/benefit.
Well, once again PRG doesn’t disappoint – the advanced seminars last week were timely, well run and the information was top notch. One really nice aspect is how the seminars are scheduled – 8 to 11am and 3 to 6pm on the weekdays and 8am to noon on Saturday. The break in the middle of the day allows for plenty of down time and an opportunity to hang out with the family around the pool. Speaking of family – there are kids everywhere and since this was my first trip with our new son, I was amazed at how kid friendly and inclusive the seminar was of attendees children. From the choice of resort to the first night’s cocktail party – kids were built into the entirety of the weekend.
Once again, kudos to Professor Kayton and all the folks at PRG – the seminar came way out ahead on the benefit to cost ratio!
Posted by Douglas Sorocco at 12:24 PM.
Permalink: patent resources group
PATENT WONK NEWS
March 23, 2006
handbook on patent mapping from Japanese patent office
Steve Nipper sent me a handbook from the Japanese Patent Office outlining different methods of mapping patent information and data. (JPO Patent Map Handbook (294 KB)) Steve always comes up with these little jems that he finds while scouring the Internet.
As Steve knows, Matt and I are deeply interested in the use of software, such as the excellent mindmapping software “MindManager” by Mindjet, to graphically display and present patent information. We have used this type of a system for freedom to operate opinions, state of the art searches, competitive intelligence reviews and strategic patenting initiatives. The JPO Patent Map Handbook is an interesting read that presents patent mapping initiatives from the point of view of a national patent office.
Well worth a glance if you, or your clients, do any kind of strategic patenting activities.
Posted by Douglas Sorocco at 03:09 PM.
Permalink: handbook on patent mapping from Japanese patent office
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PATENT WONK NEWS
March 13, 2006
a coup at blawg review
Opps… RTIP’rs did it again.
It was Steve, Matt and I’s pleasure to host Blawg Review over at Rethink(IP) this week – and, as usual, we couldn’t just leave things at the status quo. We rebelled against “the man” by actually following the rules – namely, we posted the top three law blog posts of the week – no link whoring (at least not for other people) allowed in this edition. We picked them, we posted them – now let’s hear why we are/are not wrong!
The “honorable mentions” are over at Blawgr – our community blogging portal for legal professionals. So, once you have been over to Rethink(IP), you should wander over to Blawgr and read the remaining links — lots of wholesome goodness awaits you over there as well.
Posted by Douglas Sorocco at 10:37 AM.
Permalink: a coup at blawg review
PATENT WONK NEWS
March 07, 2006
uspto pdf electronic filing system podcast
If you are interested in patent wonkiness – head on over to Rethink(IP) to listen to an interview/podcast Steve 
Nipper and Matt Buchanan had with Carl Oppedahl on the new electronic patent application filing system being rolled out by the USPTO on March 17, 2006.
According to Carl’s comments (he was a beta tester of the new system), this time the USPTO has gotten it right: easy to use, accountability and reliability.
It’s a long conversation (50 minutes) but well worth the listen!
Posted by Douglas Sorocco at 02:29 PM.
Permalink: uspto pdf electronic filing system podcast
PATENT WONK NEWS
March 01, 2006
WSJ - once again, it is blame the lawyers
I don’t have much to add – just head on over to Promote the Progress and read Matt’s take on today’s seriously flawed op-ed in the Wall Street Journal:
Promote the Progress on: Wall Street Journal on the state of patent law: "Blame the Lawyers"
And, as always – Steve Nipper sums it all up with a great quote:
“It is much easier to suggest solutions when you don't know too much about the problem.” - Malcolm Forbes
Posted by Douglas Sorocco at 11:19 AM.
Permalink: WSJ - once again, it is blame the lawyers
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PATENT WONK NEWS
bundling of patented and unpatented products - supreme court narrows antitrust concerns
Just a quick post to get this news up and out – more to follow:
March 1 (Bloomberg) -- The U.S. Supreme Court put new limits on antitrust suits against patent holders in a decision that gives companies more power to bundle products for sale to customers.
The court today ruled in favor of an Illinois Tool Works Inc. unit in a suit that seeks to bar the company from forcing purchasers of its patented industrial printheads to buy its ink as well. The justices said a lower court shouldn't have presumed that Illinois Tool Works's patents gave the company ``market power,'' which under federal antitrust law would limit its ability to bundle products.
Bloomberg.com: U.S..
Posted by Douglas Sorocco at 10:59 AM.
Permalink: bundling of patented and unpatented products - supreme court narrows antitrust concerns
PATENT WONK NEWS
February 17, 2006
what do anti-software patent advocates want?
No software patents at all, of course.
To the die hard advocates it isn’t about the quality of the patents being issued or the term of exclusivity that is being given. It is about very existence of patent rights for software – period.
In an article at NewsForge (the online newspaper for Linux and open source) about IBM’s new initiative with the US Patent Office to create repositories of prior art for the USPTO to use in examining software patents, one prominent anti-software patent advocate sums it up:
Software developer and patent opponent Florian Mueller says, "Those patent pools and prior art initiatives aren't harmful per se, but the intention behind them is to give people comfort when there are serious reasons to be worried and to push for a legislative ban of software patents."
Mueller, the founder of NoSoftwarePatents.com and a key figure in the fight against software patents in Europe, says the efforts might reduce the number of US patents that are granted, given prior art. However, he added that those are the kinds of patents that can be invalidated anyway by later proving that prior art existed at the time of the patent application.
"The patents that really give reason for concern, such as the Eolas patent or Microsoft's File Allocation Table (FAT) patents, survive any prior-art check, so they can't be prevented by that initiative," Mueller says. "So far, the users or vendors of no major open source program have been successfully sued over a patent in a way that made headline news, but the day it happens, the problem will be understood by many, and people will then look at those patent pools and prior-art libraries and realize that those don't solve the patent problem to any meaningful extent."
Posted by Douglas Sorocco at 09:14 PM.
Permalink: what do anti-software patent advocates want?
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PATENT WONK NEWS
February 14, 2006
eff rascals going after clear channel
Those EFF rascals are at it again – this time seeking the reexamination of Clear Channels' patent No. 6,614,729 covering system and method of creating digital recordings of live performances.
According to the EFF press release:
Clear Channel claims that its patent creates a monopoly on all-in-one technologies that produce post-concert live recordings on digital media and has threatened to sue anyone who makes such recordings with a different system. This has forced bands like the Pixies into using Clear Channel's proprietary technology, and it hurts investment and innovation in new systems developed by other companies.
"Clear Channel shouldn't be able to intimidate artists with bogus intellectual property," said EFF Staff Attorney Jason Schultz. "We hope the Patent Office will take a hard look at Clear Channel's patent and agree that it should be revoked."
The request for reexamination filed with the United States Patent and Trademark Office shows that a company named Telex had in fact developed similar technology more than a year before Clear Channel filed its patent request. EFF, in conjunction with Theodore C. McCullough of the Lemaire Patent Law Firm and with the help of students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law, wants the patent office to revoke the patent based on this and other extensive evidence.
"The patent system serves an important public purpose in our economy," said Schultz. "Keeping illegitimate patents out of that system helps up-and-coming artists and entrepreneurs succeed for all of us."
Schultz’s comments are well taken – incorrectly issued patents are a bane to our system of intellectual property. A comprehensive and well reviewed reexamination is in both the patentee and the public’s best interest.
Posted by Douglas Sorocco at 08:46 PM.
Permalink: eff rascals going after clear channel
PATENT WONK NEWS
January 28, 2006
rep. tom davis demands uspto quality improvements - what has RIM wrought?
Rep. Tom Davis (R-Va.) asked the director of the U.S. Patent and Trademark Office on Friday if the controversy over who controls the patents for Research in Motion (RIM) BlackBerry technology indicates that USPTO needs to reform how it examines patent applications, according to a press release (PDF Version).
“In today’s fast-moving world, America’s economy and our ability to compete in a global marketplace are dependent on an efficient and competent system to bring new technological developments to the consumer market,” Davis said in a press release. He is chairman of the House Government Reform Committee.
In a letter to USPTO Director Jon Dudas (PDF copy), Davis questioned whether the agency needs to refine the patent process. Davis added that he is ready to help improve the process.
“If adequate resources were utilized to determine the initial validity of the patents, this controversy could have been avoided,” he wrote in the letter. “Additionally, if RIM’s re-examination requests had been acted upon more expeditiously, the current uncertainty could have been resolved long before it threatened critical service to the government and consumers.”
“The current patent controversy involving BlackBerry service is but one signal that our economy and ability to compete in a global economy are dependent on an efficient and competent system,” Davis wrote. “A vital component of that system is a well-funded and efficient Patent and Trademark Office.”
The answer is pretty simple actually, Congressional appropriators have to stop raiding the excess fees (i.e. the “inventors tax”) raised by the USPTO and instead let them be used for improving service, quality and examination time. Simple solution – hard to carry out.
Posted by Douglas Sorocco at 01:35 PM.
Permalink: rep. tom davis demands uspto quality improvements - what has RIM wrought?
PATENT WONK NEWS
January 26, 2006
More food for thought on PTO efficiency
It's pretty silly of me to quote Senator McCarthy on the blog without letting everyone know exactly what I'm talking about. A reader or two asked about the reference to the Patent and Trademark Office's dogged pursuit of efficiency...so here's the explanation....
On the second business day of 2006, the PTO tossed a grenade that no one saw coming. The Office proposed two rule changes that will dramatically alter the patent prosecution process - all in the name of efficiency. The PTO is nobly pursuing the goal of reducing the application backlog, but the proposed rules significantly burden an applicant's ability to pursue patent protection.
Hence the McCarthyism.
If you want to explore the gory details of the proposed rules, check out the keyword archives at Promote the Progress here (rule 1 - representative claims) and here (rule 2 - limits on continuation and continued examination practice).
Posted by J. Matthew Buchanan at 02:37 PM.
Permalink: More food for thought on PTO efficiency
PATENT WONK NEWS
Here's some food for thought as the PTO doggedly pursues efficiency
The PTO seems to be on an endless crusade to make the patent prosecution process more efficient. To some extent, it's a noble pursuit, but when the ability of an applicant to seek proper protection for an invention is affected...it gets plain scary.
Consider this quote from Eugene McCarthy
"The only thing that saves us from the bureaucracy is inefficiency. An efficient bureaucracy is the greatest threat to liberty."
Time magazine, Feb. 12, 1979
Food for thought.
Posted by J. Matthew Buchanan at 08:58 AM.
Permalink: Here's some food for thought as the PTO doggedly pursues efficiency
PATENT WONK NEWS
December 04, 2005
thank god for patent sanity... mercexchange versus ebay editorial
Looks like the Los Angeles times Editorial Board is excited that sanity may soon reign over the patent system. I just cringe when I start reading articles that start out like this:
PATENT LAWS MAY BE AN inventor's best friend, giving someone with a groundbreaking idea the means to capitalize on it. But on many levels, the U.S. patent system is profoundly flawed. Too many patents are issued for "innovations" that are obvious, vague or already in wide use. Too many patent holders try to extend their claims to devices and services that weren't even contemplated when the patents were granted. And it's a difficult, costly exercise to overturn a questionable patent after it has been awarded.
Overall the editorial’s purpose is to inform about the Supreme Court’s decision to review the MercExchange v. Ebay case regarding when it is permissible and advisable to grant injunctions. I do think, however, that the editorial board’s bias is clear when they say that:
The courts may be right in this case to stop EBay from using technology patented by MercExchange, whose attempt to launch an online auction service fizzled several years ago.
Fizzled – as opposed to Ebay’s success, I presume. It appears that the editorial board is basing the merit of MercExchange’s patent infringement claims on who or what best commercialized the invention – not who thought of it first. Would it be appropriate to penalize MercExchange because they couldn’t raise the capital funding or execute the business plan? Isn’t the patent system supposed to reward the inventor for their inventions – not those who can execute on an idea?
I guess we will have to wait and see what the Supreme Court has to say about the issue.
Posted by Douglas Sorocco at 05:55 PM.
Permalink: thank god for patent sanity... mercexchange versus ebay editorial
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PATENT WONK NEWS
October 29, 2005
Help Al!
Many of PHOSITA's readers are corporate counsel, lawyers in private practice and corporations needing legal assistance. I want to
direct you to my friend Al Roberts'
recent post about his experiences in Louisiana post Katrina.
What a difference a day makes. My wife and I were in San Francisco the weekend that Katrina began to approach New Orleans. We were taking a vacation between the end of my federal clerkship and the start of a new job in September. As we were watching the news on Sunday before the hurricane hit, I thought that Monica and I could just stay on the west coast where I could find some temporary work if New Orleans suffered a direct hit. Apart from my job, we had nothing that required us to be in New Orleans and, if the storm hit, I had good reason to think that the firm wouldn't need me back anytime soon.
After sleeping surprisingly well on Sunday night, I called home to check in early Monday morning. The phone was answered by my tearful mother who told me that my cousin and her boys had been in a wreck the night before, and that my cousin had been killed. A drunk driver evacuating from New Orleans ran a stoplight and broadsided her van. The boys were in the hospital. I immediately went numb, because I knew that my cousin wanted Monica and I to take care of the boys (11 and 7) if anything ever happened to her. Monica and I decided to cut our trip short and immediately headed home.
Fast forward 2 months, we now have custody of the two boys--great kids--and we are living with my parents until we can return to New Orleans. To make matters somewhat more difficult, I lost my job and I have had to start my own practice in a market now saturated with attorneys that are also looking for work.
Despite my efforts of of the last month, I have not been able to locate any regular work. I am now looking for contracting work that can be conducted here in Gonzales, Louisiana. My ability to travel is limited, as my new family is adjusting to school schedules and bed times. I am sharing office space and have access to all the necessary tools to work remotely. Accordingly, I would love to work with a lawyer/firm or two that can provide me steady contract work for the next 2 to 6 months, preferably about 20 to 30 hours per week, to supplement my small case load.
I am a capable researcher and writer and have clerked for a year in federal district court. I also have an engineering degree and four years experience as an environmental consultant. If I might be able to help you, please email me at alrobert (at) gmail.com or give me a call at 504-615-5352. My resume, writing samples, and references are all available upon request.
Can you help Al out?
I can personally vouch for Al's keen intellect and client-driven outlook toward legal services -- more importantly, Al's spirit and compassion would be of benefit to any project you may have.
Posted by Douglas Sorocco at 09:47 AM.
Permalink: Help Al!
PATENT WONK NEWS
October 03, 2005
apples and monkeys - PHOSITA in September, 2005
September is over and done with - and thank goodness for that! It was an Apple and trunk monkey kind of month, and it looks like the stats for Phosita back us up on that as well. So, without further ado - the top 10 Phosita posts of September, 2005: | Microsoft Patents Apple - Don't Believe the Hype
Do You Need a Trunk Monkey?
and you thought you were having a bad day?
US Patent Office Scammers
LEGO My LEGOS - The Significance of "S"
Cold Cereal Battle Heats Up
|
Made in the USA" to Air Tonight
"Cheap" Logo Design Can Be Costly
Patent Drafting Tips
U.S. Patent Office Discloses Confidential Data
|
Posted by Douglas Sorocco at 09:04 PM.
Permalink: apples and monkeys - PHOSITA in September, 2005
PATENT WONK NEWS
September 29, 2005
Invention Quiz
Below are a few True/False questions to test your invention knowledge. To reveal the answer, highlight the bracket that follows the question.
- The Statue of Liberty was patented. [True ] more
- The brassiere was invented by Otto Titzling. [False] more
- The flush toilet was invented by Thomas Crapper. [False] more
- The patent on the phonograph was issued 57 days after filing. [True ] more
Posted by Melody Wirz at 11:23 AM.
Permalink: Invention Quiz
PATENT WONK NEWS
September 15, 2005
Cold Cereal Battle Heats Up
Cereal
bars may be the next great thing to happen to fast food. But, should the first person to capitalize upon the idea get the exclusive rights to the concept? Maybe. According to this, The owners of Cereality are very serious about cereal. They have sent informative letters to competitors "Bowls - A Cereal Joint" and The Cereal Bowl. According to the article, the letters threaten "serious legal consequences" for infringement of Cereality's trademarks - I found 5 registered and 2 currently pending in the USPTO.
While I don't see much similarity in the trademarks, Cereality also has a patent pending for "Methods and Systems for Providing Food, Beverages, and Associated Goods and Services in a Retail Environment." However, a pending patent doesn't mean much until the patent issues, and a non-final rejection was mailed last month. So, the question
