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January 9, 2009


Scott C. Harris was reputedly booted by Fish & Richardson for asserting his patent, 7,111,252, against Google. Now Oprah's Harpo Productions is being sued. The patent claims partial book review over the Internet. Oprah's Book Club web site offers book previews.

Posted by Patent Hawk at January 9, 2009 12:54 AM | Litigation


Patent Hawk,

You have a gem here. On its face, this patent is seemingly for something painfully obvious as of the application filing date of February 16, 2000. So we will get to hear the bad patent/bad examiner debate.

This case has some other interesting tidbits. A petition to make special was granted on June 30, 2000. The first action was a three way restriction requirement on October 22, 2002 (two and a half years for the Office to provide a first action on a made special application). The next Office Action was a further restriction requirement on January 27, 2003. The first action with substantial examination was June 6, 2003, more than three years after the made-special application was filed.

It is also quizzical that regardless of the grant of special processing, the time from filing to patent issue was SIX AND A HALF YEARS. During this span one appeal brief was filed and the office response was to reopen prosecution with new cited references.

And by the way, the patent term adjustment (total of both A periods and B periods) is ZERO days.

Posted by: Noise above Law at January 9, 2009 11:43 AM