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July 31, 2011
Fear & Loathing
"An assortment of medical organizations, researchers, genetic
counselors, and patients" filed a declaratory judgment action against 15 claims
of seven Myriad patents. The claims covered "isolated" human genes "associated
with a predisposition to
breast and ovarian cancers." Myriad provoked the DJ by cease-and-desist
nastygrams and lawsuits against research institutes and universities. Those
with fear and loathing banded together.
Continue reading "Fear & Loathing"
Posted by Patent Hawk at 8:28 PM | Standing
July 29, 2011
Jolted Jelly
Rule
of law is a tidy concept, but in practice, gets shaken like landfill in an
earthquake - the consistency of jelly. The federal government is a monstrous
jelly-meister. In the U.S. plutocracy, every citizen is a government mule.
Corporations are special - tax breaks, bail outs, subsidies, and generous
license to damage the environment, but not so special as to escape sanction
whenever the government decides the business ecosystem is at risk. In the past
decade, nothing has quite stirred the government's urge to jar the jelly of
justice like patents. The courts simply steal patents from inventors when the
invention is too valuable; it's just a mule's cargo, after all. When
corporations own a portfolio that is too valuable, the U.S. Jelly Patrol
(Justice Department) jells itself for antitrust. Right now, the jewels from the
corpse of Nortel shimmer too brightly.
Continue reading "Jolted Jelly"
Posted by Patent Hawk at 6:27 PM | The Patent System
July 23, 2011
Friction Weld
Jeff
Lovin et al filed a patent application for friction welding (10/924,633).
The application prosecutor was
Richard B. Lazarus of Barnes & Thornburg.
Mr. Lazarus is a former USPTO examiner, SPE, instructor and manager at the PTO
academy. His prosecution arguments were by the book - concise but sufficient, an
understandable economy for someone so well steeped in PTO ways. The BPAI waived
it all away, like Lazarus was a lummox: "the Appellants have not indicated
reversible error." Arguing against a combination by pointing out how the
references failed to teach certain limitations was summarily rejected by the
Board with "that argument is not well taken because the Appellants are attacking
the references individually when the rejection is based on a combination of
references." The Court of Errors added insult to injury, in another display of
corruption, this time disguised as deference.
Continue reading "Friction Weld"
Posted by Patent Hawk at 3:29 PM | Prosecution
July 21, 2011
Limitation Conjugation
Conjugated
estrogens are a mixture used to treat post-menopausal hot flashes by
artificially ramping lost hormonal production. For that benefit runs a greater
risk of breast cancer, heart attack, or stroke. Duramed asserted
5,908,638 against Paddock Labs to treat its post-grant ANDA, the generic
replacement syndrome that afflicts profitable patented drugs. Paddock eluded
infringement because of prosecution estoppel over the claimed moisture barrier
coating on the pill - what's in the prior art is foreseeable. Here is a backhand
of Obzilla.
Continue reading "Limitation Conjugation"
Posted by Patent Hawk at 9:48 PM | Infringement
July 17, 2011
Freedom Fries
The ever-subversive Hal Wegner has been attacking the Leahy-Smith America
Invents Act in his privately circulated newsletter. Today's missive from the
malcontent laments the "anti-foreigner discrimination" of the bill - the failure
"to legislatively overrule the requirement that Paris Convention priority under
35 USC § 119(a) requires that the foreign application comply with the best mode
requirement."
Continue reading "Freedom Fries"
Posted by Patent Hawk at 10:10 AM | The Patent System
July 9, 2011
Corrupt Body
Somewhat subtlety, but most assuredly corruptly, the courts are on a continuing
crusade to limit patent protection. In the past four years, the capriciously
subjective Obzilla (KSR)
has trampled many patents, where an objective evidentiary standard would have
left them standing. In this episode, Retractable Technologies v. Becton, the crusade
against patent enforcement continues, but from a different angle, with the CAFC distorting well-settled claim construction
precedent to squeeze the scope of claims.
Continue reading "Corrupt Body"
Posted by Patent Hawk at 1:30 PM | Claim Construction
July 1, 2011
The Sport of Kings
An
unlabeled consortium including Microsoft, Apple, Sony, Research in Motion,
Ericsson, and EMC bought the treasure trove of Nortel patents at auction
yesterday for $4.5 billion. Google opened with a $900 million bid. Nortel filed
for bankruptcy in 2009. It had a patent portfolio of about 6,000 patents and
applications. All the other Nortel assets combined sold for $3 billion. Google
squeezed ironic sour grapes from the auction: "This outcome is disappointing for
anyone who believes that open innovation benefits users and promotes creativity
and competition." However true the observation, no corporation, Google or
otherwise, practices "open innovation." Not to mention that beliefs have no
appraisal value.