Patent Law

Webinar on recent patent cases

Posted on September 03, 2008
MarketWatch notes:A free webinar on the impact of the eBay, KSR, MedImmune, Seagate and Translogic cases will be presented on 25 Sept. Benefits are stated to include learning:-- How much harder it is for patent holders to obtain injunctions against infringing products since eBay...

Did Wikipedia "sikahema" its entry on Joe Biden?

Posted on September 01, 2008
Newbusters reports:Previous posts (here and here at NewsBusters; here and here at BizzyBlog) noted "interesting" modifications to the main Wikipedia entry of Biden, who Barack Obama selected as his vice-presidential running mate this past weekend.The first post reported that the detail of Biden's undergraduate grades (generally C's and D's, with two A's in phys ed and an F in ROTC) "strangely" disappeared between Friday and Saturday...

Microsoft's '666 patent

Posted on September 01, 2008
Claim 1 of US 7,415,666 states:In a computing environment, a method comprising: displaying at least one page of a document that has multiple pages, at least one of the multiple pages, and the displayed at least one page including a first page displayed beginning at a starting point offset from a top of the document and from a top of the first page; calculating a height of at least the first page; calculating a row offset of the starting point of the first page; calculating a vertical offset at the starting point of the first page, wherein the vertical offset is calculated according to a formula of the form {[(p-1)/c]h}+r, where p is equal to the number of pages in the document, c is equal to the number of columns of the document which are simultaneously displayed, h is equal to the height of at least the first page, and r is equal to the row offset of the starting point of the first page; receiving a command indicative of a whole page-based incremental scroll request related to changing first content currently being displayed in the at least one page; determining a whole-page increment for scrolling from first content to second content, wherein determining the whole-page increment includes calculating a vertical offset at a second starting point in the document, the vertical offset being calculated according to the formula V...

CIRM walks a tightrope on iPS research

Posted on September 01, 2008
MarketWatch quoted a CIRM press release:CIRM applauds the creativity and value in the research reported and shares the excitement in the promise it might hold. However, it emphatically refutes assertions by opponents of embryonic stem cell research that this new study proves embryonic stem cell research is not necessary...

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Constraints on internet usage?

Posted on September 01, 2008
ABCNews stated that Comcast will limit users to 250 Gig (upload/download) starting 1 Oct. 2008.**Separately,from yahoo.news People Who Lose Jobs Become Hermits and something on YouTube

CAFC presents detailed opinion in 800 Adept case

Posted on September 01, 2008
The CAFC smacked down a decision of MD Fl in 800 Adept v. Murex:After thorough consideration of all the issues in the case, we conclude that the trial court erred regarding a critical claim construction issue in the Adept patents, one that permitted the jury to make incorrect findings...

The dog clone wars

Posted on September 01, 2008
IPBiz wrote about the dog clone wars, and the IHT observed the following:The high-stakes battle pits South Korea's best-known cloning experts against each other: One is Hwang Woo Suk, a disgraced scientist now being tried on allegations of fraud for having faked research saying he had created human embryonic stem cells through cloning...

Qualcomm in contempt for violating court order

Posted on September 01, 2008
Back in the days when Jaffe and Lerner had some credibility among some people, one recalls that, at page 35 of Innovation and Its Discontents, the authors praised Qualcomm for the way it handled patent matters.US District Judge James Selna has just found Qualcomm in contempt of his court order...

The "real" story on the origin of patent troll?

Posted on August 30, 2008
IAM has a post The real inventors of the term "patent troll" revealed which brings up the claim of Anne Gundelfinger to originating the term "patent troll." There's some discussion of it being a more palatable substitute for patent extortionist.Separately, of Q...

Allison Routman, Frank Zappa, and plagiarism

Posted on August 29, 2008
LBE posted on Chronicle:The distinction between copyright and plagiarism implied in comment #4 is correct. One can plagiarize Shakespeare but can't infringe his (non-existent) copyright. One can even falsely claim authorship of public domain works (without violating federal law), as the Supreme Court held in Dastar v...

J&J patent related to Razadyne invalidated in D. Del.

Posted on August 29, 2008
A press release by Barr suggests that D. Delaware has invalidated a patent by Johnson & Johnson related to Razadyne, a drug used to treat dementia related to Alzheimer's disease.The basis was lack of enablement.

Samuel Kent's concerns about people wearing propellor hats

Posted on August 29, 2008
In 2002, Victoria Slind-Flor wrote in IP WorldWide: Judge Samuel Kent of the Eastern District of Texas is a bit more outspoken on the matter. A year ago he told The National Law Journal, IP Worldwide's sibling publication, that the Federal Circuit is full of "little green men who don't know Tuesday from Philadelphia...

Re-exam of BlackBoard patent continues

Posted on August 28, 2008
Chronicle notes:The U.S. Patent and Trademark Office has rejected a request by Blackboard Inc. for a temporary halt in the office?s review [re-examination] of a software patent the company holds concerning course-management systems.

Lex Luther Vanquishes the Four Amigos of Patent Reform

Posted on August 27, 2008
The Four Amigos of patent reform, flying under the names Berman, Leahy, Lemley, and Rai, dropped by Bridgewater on August 26. The intrepid macaw, Lex Luther, was brought out to lecture. Without uttering a single screech, the macaw flapped his wings, and, one by one, the four birds of innovation doom flew away.

Taleyarkhan sanctioned

Posted on August 27, 2008
Steven Krivit/New Energy Times report that Purdue has sanctioned Rusi Taleyarkhan concerning the bubble fusion matter :Among the sanctions, Taleyarkhan will no longer be designated the Arden L. Bement, Jr. Professor of Nuclear Engineering. He loses all associated rights and privileges, including the allocation of discretionary resources...

The significance of Joe Biden's plagiarism?

Posted on August 27, 2008
A piece in Inside Higher Ed by Jonathan Beecher Field ends with the text:Biden?s dishonesty matters to me in two ways. It suggests something of Biden?s character, indeed, in a realm more relevant to doing his job than was John Edwards?s philandering to his...

The future "sadly is not in newspapers"

Posted on August 27, 2008
Jay Mariotti, (former) sports writer for the Chicago Sun-Times, told the Chicago Tribune he had resigned, and observed:that it became clear while in China that sports journalism had become "entirely a Web site business. There were not many newspapers there...

Statistical drivel in patent law analyses?

Posted on August 27, 2008
The PatentHawk blog has a post concerning bad sampling in statistics, which included the text:A recent patent reexamination analysis by lawyers is exemplary: a small sample size of biased data, rendering it rather meaningless. But the statistically-challenged authors reported the results as conclusive...

Klausner goes after Google, etc. over visual voicemail

Posted on August 27, 2008
Reuters reports Judah Klausner filed a patent infringement lawsuit on Aug. 26 in ED Texas against Google Inc, Verizon Communications Inc, LG Electronics Inc Comverse Technology Inc, Citrix Systems Inc and Embarq Corp over technology related to visual voicemail...

Star Scientific prevails in inequitable conduct matter in Reynolds case

Posted on August 26, 2008
Carter G. Phillips gave a breath of life to Star Scientific by having the CAFC overturn an inequitable conduct finding against Star.[CAFC: Because the district court's judgment as to inequitable conduct was based on factual findings that we deem clearly erroneous, we reverse the judgment of unenforceability of the '649 and '401 patents...

Googling --plagiarism and joe biden--

Posted on August 25, 2008
At about 11:30pm on Monday, August 25, googling --plagiarism and joe biden-- produces 87,500 hits, with one IPBiz post, IPBiz: More on the plagiarism of Joe Biden, showing up #8 on the first page. Famousplagiarists was #1, and wikipedia was #2 and #3...

Biden's plagiarisms the talk of the internet

Posted on August 25, 2008
By now, discussion of Biden's plagiarism is all over the internet. Mostly covering the obvious.One sees things like: The allegation of plagiarism that drove Biden from the 1988presidential race. [from the Star-Tribune] IPBiz notes that the "specific identifying features" of Kinnock's speech appropriated by Biden make this more than "alleged" plagiarism, but, more importantly, were not factual as to Biden (his father and grandfather were not coal miners, and people in his wife's family had gone to college)...

Tzero Technologies and the re-exam of US 6,970,448

Posted on August 25, 2008
engadgethd notes:While it was Pulse~LINK winning the last (but obviously not final) round of this multi-year tiff, the tables have turned once more. Tzero Technologies has just announced that the US Patent Office "issued an office action rejecting all claims of US patent number 6,970,448 asserted in a lawsuit brought by Pulse~LINK against Tzero in June 2007...

Went to a garden party: does Joe Biden hide in your shoes?

Posted on August 24, 2008
At a garden party in Princeton on Aug. 23, LBE had an opportunity to ask around about the selection of Joe Biden for DemVeep.The responses were gushing: great pick, lots of experience, especially about foreign policy.What about the plagiarism? Oh, he gave many speeches where he credited that guy [Kinnock] and one time he didn't and everyone made a big deal about it...

Stem cells and wisdom teeth

Posted on August 23, 2008
A breitbart post on 22 Aug 08 began:Japanese scientists said Friday [Aug 22] they had derived stem cells from wisdom teeth, opening another way to study deadly diseases without the ethical controversy of using embryos.

Former news anchor Mendte to be sentenced over hacking

Posted on August 23, 2008
AP reports: Former Philadelphia KYW anchor Larry Mendte faces a maximum possible sentence of five years in prison but is likely to get much less under federal guidelines when he is sentenced Nov. 24.Also from the story: From January to May of this year, Mendte read Lane's e-mail 537times, the FBI said...

Joe "I exaggerate when I?m angry" Biden gets VP nod

Posted on August 23, 2008
The DrudgeReport cited AP for the story: Barack Obama selected Sen. Joe Biden of Delaware late Friday night to be his vice presidential running mate, according to a Democratic official, balancing his ticket with an older congressional veteran well-versed in foreign and defense issues...

How significant was the PubPat wiff on re-exam of US 7,029,913?

Posted on August 23, 2008
The loss by PubPat and ConsumerWatchdog (then FTCR) in the inter partes re-exam of WARF's US Pat. 7,029,913 is seen as even more inept when viewed against the statistics of inter partes re-examination.Andrew S. Baluch and Stephen B. Maebius of Foley point out that inter partes re-examination proceedings displayed a high 73% ?kill? rate (complete elimination of all claims targeted by the requesters)...

Patent on Liquid Phase Hydrogenation of Alkynes

Posted on August 23, 2008
The press release contains the text: "No one else in the world comes close to the elegance of our design and the efficiency of its operation. We could not be more pleased that we have received this patent which both recognizes and protects our unique design...

Illusion and delusion at what once was Bell Labs

Posted on August 22, 2008
Bob Park's 22 Aug 08 WN notes the article in Nature about the demise of Bell Labs:Fifty years ago Bell Labs was the greatest basic research lab the world had ever seen or perhaps ever would see. Enlightened managers recruited top graduates and enforced an absolute rule: their work had to be very relevant to the phone business, or it had to be very, very good...

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