Patent Law

Brands that are weird ? Avoiding the Waldo Paradox

Posted on September 24, 2009
The Ignite phenomenon is bubbling up throughout the world and it is happening within the state of Oklahoma as well (yes, even Oklahoma!) Last week was the first Ignite Tulsa event and our own Emily Campbell dove into the fray with a talk entitled ?How Not to be Waldo: Brands that Stand Out in a Crowd...

IgniteOKC ? Leadership Committee Meeting

Posted on September 11, 2009
Want to be a part of something cool in Oklahoma City? Well – come help us prepare for IgniteOKC.  We will provide some snacks and drinks – you provide your brain and creativity. What is Ignite, you ask? Ignite is a community intellect exchange – it is an open forum to share your knowledge, learn what [...

Google gets a design patent ? aka the Twitterverse?s collective head explodes

Posted on September 04, 2009
Just a warning ? this may sound a little snarky. So, you may or may not have heard ? although I find it tough to believe you haven?t heard ? but Google received a patent on the familiar search page interface we all know and love.  It?s been a hot topic on Twitter the last two [...

Google gets a design patent – aka the Twitterverse’s collective head explodes

Posted on September 03, 2009
Just a warning ? this may sound a little snarky. So, you may or may not have heard ? although I find it tough to believe you haven?t heard ? but Google received a patent on the familiar search page interface we all know and love.  It?s been a hot topic on Twitter the last two [...

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Confessions of a Trademark Junkie

Posted on September 01, 2009
It’s been awhile since I’ve provided commentary on the blog but after attending a local marketing presentation, I just had to share my two cents about the event.  “Hey Emily!  What are you up to next Tuesday?  Let me tell you – I just signed you up to attend a marketing presentation...

What Makes a Successful Brand ? Pepsi vs Coca-Cola

Posted on August 03, 2009
Consumerist posted this chart and, like them, I find it fascinating regarding the notion of branding and trademarks. The evolution of the Pepsi logo over time doesn’t strike me as coming from a place of strength – whereas the Coca-Cola logo appears to be timeless...

What Makes a Successful Brand – Pepsi vs Coca-Cola

Posted on August 03, 2009
Consumerist posted this chart and, like them, I find it fascinating regarding the notion of branding and trademarks. The evolution of the Pepsi logo over time doesn’t strike me as coming from a place of strength – whereas the Coca-Cola logo appears to be timeless...

Patent Reform Opponents Send Letter to President Obama

Posted on February 10, 2009
Well, that surely didn?t take long. Gene Quinn, at IPWatchdog.com, points to a letter sent to President Obama (PDF) from over 130 manufacturing companies located in the United States urging the administration to shelve patent reform.  In the letter, the parties clearly articulate their concerns about patent reform ?proposals? that have been floated and the perceived [...

what is the difference between a patent, a trademark and a copyright?

Posted on January 17, 2009
Considering how complex intellectual property law can be, it is understandable that many people ? including authors, journalists, biz and tech bloggers, tweeple, etc. ? confuse the terms and oftentimes speak/write of ?patenting a book? or ?copywriting a new gadget?...

what is the difference between a patent, trademark and a copyright?

Posted on January 11, 2009
Considering how complex intellectual property law can be, it is understandable that many people ? including authors, journalists, biz and tech bloggers, tweeple, etc. ? confuse the terms and oftentimes speak/write of ?patenting a book? or ?copywriting a new gadget?...

what is the difference between a patent, a trademark and a copyright?

Posted on January 11, 2009
Considering how complex intellectual property law can be, it is understandable that many people ? including authors, journalists, biz and tech bloggers, tweeple, etc. ? confuse the terms and oftentimes speak/write of ?patenting a book? or ?copywriting a new gadget?...

Nicholas D. Rouse named Managing Director of Dunlap Codding, PC

Posted on December 29, 2008
I am really pleased to be able to announce that the shareholders of Dunlap Codding, PC have named Nicholas D. Rouse our new managing director. “Nick is the perfect person to lead the firm as we expand,” said fellow shareholder Douglas J. Sorocco...

links for 2008-10-31

Posted on December 29, 2008
The Perfect Law Firm Retreat: Leave the Lawyers at Home

DJ Action Dismissed - 1st Post MedImmune

Posted on December 29, 2008
In what appears to to be the first dismissal of a declaratory judgment action post the Supreme Court?s decision in MedImmune, a court in Minneapolis dismissed two counts seeking declaratory judgment of non-infringement and invalidity (Case 08?cv-00816)...

It?s summer? and we are taking a break.

Posted on December 29, 2008
It is summer down here in Phosita-land and we are taking a break from all things blogging. We will be back shortly with new info, new tutorials and some exciting announcements. Enjoy your summer break ? and don?t hate us for the sunshine!

phosita ::: quick links for 2008-04-07

Posted on December 29, 2008
Love, Pending: “Ellie, if you will marry me…” An interesting published patent application - including a means for making a marriage proposal. (tags: patent proposal love) PC World - Bush Administration Speaks Against Patent Overhaul U...

phosita ::: quick links for 2008-03-31

Posted on December 29, 2008
Patent Prospector: Commissioner Cack A snarky take on CNET’s interview with USPTO Commissioner Dudas - and yes, he used the term “trolls”. (tags: patent uspto) City of Sturgis distances itself from Sturgis Chamber lawsuit The Sturgis Area Chamber of Commerce filed a trademark infringement lawsuit against a motorcycle rally in Kentucky without the city of Sturgis’ knowledge or consent, [...

tell us how you really feel - part II

Posted on December 29, 2008
Any time you see a blog post with a picture of Alfred E. Neuman in it - you know it has to be good. This time it is the Patent Prospector blasting away at the “over-credentialed chowderheads” who have been huffing and puffing about the havoc patents are inflicting on the economy and innovation...

tell us how you really feel

Posted on December 29, 2008
It is getting very “springy” here in Oklahoma and folks are getting a bit goofy - so, I guess it should come as no surprise that we have been chuckling about this snippet from my RSS reader tonight… If you were wondering what this is about - have a read over at Politico for the full [...

Welcome to our new home

Posted on December 24, 2008
A warm welcome to our new home on the web. As many of you might have figured out, PHOSITA (and her writers at Dunlap Codding) have been a bit busy with various activities and projects these past many months. Ok ? who are we kidding, 2008 has been a very quiet and slow year for [...

Welcome to our new home

Posted on December 20, 2008
A warm welcome to our new home on the web.#160; As many of you might have figured out, PHOSITA (and her writers at Dunlap Codding) have been a bit busy with various activities and projects these past many months.#160; Ok ? who are we kidding, 2008 has been a very quiet and slow year for [...

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Posted on December 19, 2008
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Nicholas D. Rouse named Managing Director of Dunlap Codding, PC

Posted on December 19, 2008
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links for 2008-10-31

Posted on October 31, 2008
The Perfect Law Firm Retreat: Leave the Lawyers at Home

Take to the Streets: A Grassroots Reform Effort for the EPO

Posted on October 02, 2008
As many of you may have heard, employees from the European Patent Office have simply had enough.  On Thursday, September 18, 250 EPO employees simply walked off the job in protest and headed to Brussels, Belgium. Why, you ask?  Did they demand higher wages? More vacation hours?  Better work conditions?  No, no, and no...

DJ Action Dismissed - 1st Post MedImmune

Posted on August 08, 2008
In what appears to to be the first dismissal of a declaratory judgment action post the Supreme Court’s decision in MedImmune, a court in Minneapolis dismissed two counts seeking declaratory judgment of non-infringement and invalidity (Case 08–cv-00816)...

It’s summer… and we are taking a break.

Posted on July 20, 2008
It is summer down here in Phosita-land and we are taking a break from all things blogging. We will be back shortly with new info, new tutorials and some exciting announcements. Enjoy your summer break ? and don?t hate us for the sunshine!

It?s summer? and we are taking a break.

Posted on July 20, 2008
It is summer down here in Phosita-land and we are taking a break from all things blogging. We will be back shortly with new info, new tutorials and some exciting announcements. Enjoy your summer break ? and don?t hate us for the sunshine!

It’s summer… and we are taking a break.

Posted on July 20, 2008
It is summer down here in Phosita-land and we are taking a break from all things blogging. We will be back shortly with new info, new tutorials and some exciting announcements. Enjoy your summer break ? and don?t hate us for the sunshine!

phosita ::: quick links for 2008-04-07

Posted on April 07, 2008
Love, Pending: "Ellie, if you will marry me..." An interesting published patent application - including a means for making a marriage proposal. (tags: patent proposal love) PC World - Bush Administration Speaks Against Patent Overhaul U.S. Senate negotiators are getting closer to hammering out disagreements that are holding up a patent system overhaul, but President George Bush's administration still has concerns about the bill, an administration official said Friday...

phosita ::: quick links for 2008-03-31

Posted on March 31, 2008
Patent Prospector: Commissioner Cack A snarky take on CNET's interview with USPTO Commissioner Dudas - and yes, he used the term "trolls". (tags: patent uspto) City of Sturgis distances itself from Sturgis Chamber lawsuit The Sturgis Area Chamber of Commerce filed a trademark infringement lawsuit against a motorcycle rally in Kentucky without the city of Sturgis' knowledge or consent, according to a release from the city...

tell us how you really feel - part II

Posted on March 26, 2008
Any time you see a blog post with a picture of Alfred E. Neuman in it - you know it has to be good. This time it is the Patent Prospector blasting away at the "over-credentialed chowderheads" who have been huffing and puffing about the havoc patents are inflicting on the economy and innovation...

tell us how you really feel

Posted on March 26, 2008
It is getting very "springy" here in Oklahoma and folks are getting a bit goofy - so, I guess it should come as no surprise that we have been chuckling about this snippet from my RSS reader tonight... If you were wondering what this is about - have a read over at Politico for the full angst, political intrique, a bank heist, and patent rhetoric.

phosita ::: quick links for 2008-03-25

Posted on March 25, 2008
Cisco's Blog Disclaimer No more blogging anonymously, as the author of Patent Troll Tracker did at first. Blogs relating to Cisco's operations must state that the author is a Cisco employee and that Cisco doesn't necessarily share the opinions put forth...

tell us how you really feel

Posted on March 25, 2008
It is getting very “springy” here in Oklahoma and folks are getting a bit goofy - so, I guess it should come as no surprise that we have been chuckling about this snippet from my RSS reader tonight… If you were wondering what this is about - have a read over at Politico for the full angst, political intrique, a bank heist, and patent rhetoric.

phosita ::: quick links for 2008-03-24

Posted on March 24, 2008
WIPO Meeting on Enhancing Value of PCT Searches and Opinions Major patent Offices are looking at ways of sharing search and examination reports in order to reduce the unnecessary duplication of work as far as possible. The PCT was specifically designed to address this issue, and yet it is not being routinely used...

can the airlines taser you in your seat?

Posted on March 23, 2008
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 6,933,851Hahne, 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...

links for 2008-03-22

Posted on March 22, 2008
Amazon Kindle and Sony Reader Locked Up: Why Your Books Are No Longer Yours Very good discussion of the legal difference between "buying" a book and "licensing" the content of a book. Add in some discussion of the first sale doctrine and you have an overall good outline of copyright and eBook concerns...

yet another Teenage inventor - false teeth for cats

Posted on March 21, 2008
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...

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

Posted on March 21, 2008
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...

why has the us supreme court been so interested in patent cases?

Posted on March 18, 2008
One answer may be business … It may be an interesting coincidence, but I dare you to read the linked article from the NY Times about the Supreme Court and its seemingly pro-business rulings of late, and substitute the word “patent” for “business” …...

In defense of offense...

Posted on March 17, 2008
A couple of months ago I came across Mike Dillon’s blog – The Legal Thing – covering all things legal from the perspective of General Counsel at Sun.  As GC for Sun, Mike’s daily routine must entail a significant amount of attention to intellectual property issues and his blog plows a lot of ground concerning this topic...

phosita ::: quick links for 3/16/2008

Posted on March 16, 2008
March 14, 1899: Zeppelin Gets Patent for a Really Big Idea Yes, I am a couple of days late on this one... but I think it was a good way to start a new week: let's talk about blimps.  On March 14, 1899 - Count Ferdinand von Zeppelin received a U...

PHOSITA ::: Quick Links 03/16/2008

Posted on March 15, 2008
MyFox Kansas City | Guitar Manufacturer Claims 'Guitar Hero' Patent Violationtags: no_tagPatent Infringement Claim Directed at iTunes, iPod by Zapmediatags: no_tagSpitzer Call Girl Claims MySpace Photos Published in Violation of Copyrighttags: no_tagThe Visible Hand: Why India needs to possess- Hindustan Timestags: no_tagPatent Baristas » Patent Office Will Now Require Biological Deposits Before Publicationtags: no_tag

Viva Las Vegas! IP CLE in Sin City...

Posted on March 14, 2008
Nipper, as usual, beat me to the punch in announcing a reunion of sorts for the Rethink(IP) guys in Las Vegas next month. Namely, all three of us will be speaking (along with a host of other great IP panelists) at Dunes’ “Patent Drafting & Prosecution” CLE that is happening on April 11th, 2008 in shiny Las Vegas, Nevada...

Test your trademark knowledge

Posted on February 20, 2008
For a fun way to kill a few minutes, check out this Company Logo Quiz on AOL.com.  How strong is your trademark awareness? 

SUPER IP SUNDAY

Posted on February 01, 2008
In honor of Super Bowl Sunday, here are a few intellectual property articles you may find interesting… A PHOSITA throwback article:  Remember Ermal Fraze at Your SuperBowl Party On Watching ‘The Big Game’ Separation of Church and Football Enjoy the game!

Scrabble v. Scrabulous

Posted on January 17, 2008
Check out this statement from an article that I read today:    Now, as if you needed more proof that we live in a time in which stuffy lawyers don't dig the digital age, take a look at this: It looks like toy-makers Hasbro and Mattel have sent their legal goons to Facebook and demanded that it remove the immensely popular 'Scrabulous' from its site...

Someone needs an intellectual property legal advisor

Posted on January 10, 2008
The following Fox News article looks like a “Where’s Waldo” of incorrect intellectual property references. “Stefan Doyno, 19, took out a patent on the phrase 'Change Rocks' three years ago to market his line of boutique jewelry and stones...

pto website finally updated

Posted on October 31, 2007
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...

pto official communication to examining corps

Posted on October 31, 2007
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...

2:47pm Eastern - Why no news from USPTO?

Posted on October 31, 2007
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...

patent continuation rules - ding dong the witch is dead ... for now

Posted on October 31, 2007
  Yes, the chorus of cheers has risen up in the patent community – the dreaded Nov. 1st implementation of the continuation rules has been enjoined.  The order should be up this afternoon and we will update this post with a copy and analysis...

Promoting progress - what are we doing?

Posted on October 28, 2007
Matt raises some interesting questions on all the patent reform/rules nonsense going on these days out East.  Worth a read and some thought about what “we” are bringing about in our patent system here in the U.S. Our patent system has two primary purposes -1...

Ode to the Trademark

Posted on October 05, 2007
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...

All New PatentFizz - The Good Stuff Always Rises to the Top

Posted on October 03, 2007
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...

1st annual dcr patent poetry throwdown --2007

Posted on October 03, 2007
Mr. Michael Schade did an excellent job for the first round of poems.  Now, it is time for my creation.  Everyone loves a good limerick….especially when it involves a little bit of “trolling”. There once was a troll from the city, who opened the trial with this ditty, “Now the object of my patent was to be non-combatant, I simply just wanted your pity...

1st Annual DCR Patent Poetry Throwdown--2007

Posted on October 02, 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...

What, Me Worry? Continuation and Claim Rules Summary, Part Cuatro

Posted on September 28, 2007
Your head is probably still spinning from the USPTO’s Aug. 21, 2007 Final Continuation and Claims Rules, and there is no doubt that panic, discomfort, and long hours have set in for most, if not all, patent practitioners.  Have no fear!  There is no need to worry—this post identifies the critical dates and steps you can take to ensure a smooth transition into compliance with the new rules...

New Blog to Check Out: Financial Aspects of Intellectual Property

Posted on September 26, 2007
One of my new favorite blogs is the Financial Aspects of Intellectual Property blog by the folks at the Innovation Asset Group. According to their “about” page: Innovation Asset is a leading provider of software for intellectual property (IP) and contracts management...

Round 2 - Part 3 ? Review of the New Continuation Rules

Posted on September 26, 2007
As you may or may not already know, on November 1, 2007, the USPTO’s new claims and continuation rules become effective.  The new rules change various aspects of continued examination filings, requests for continued examination, and divisional filings...

round 2 - continuation and claim rule review - part deux

Posted on September 25, 2007
As the dust settles on the patent frontier, I bet every patent attorney/inventor/corporate counsel/law student is sitting at their desk reading and re-reading the USPTO rules.  Lucky for you, this week we are providing the key highlights via PHOSITA...