Monthly Archives: August 2011

Reasons Why Software Patents May Be Bad For Innovation

On 22 July 2011, This American Life on National Public Radio (NPR) devoted their entire program, “When Patents Attack!” to a discussion of patents and so called patent trolls. The discussion presented two different perspectives of why perhaps software patents may be bad for innovation. The second part of the program discussed Intellectual Ventures. It […]

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Burden on Art Theft Victims in 1st and 9th Circuits

In at least two recent federal court decisions, the burden for discovery of lost art works has been found to be on the victim of the art theft. The First Circuit¹ stated that summary judgment is appropriate to dismiss a case where a plaintiff does not bring a claim within the requisite statutory time. Museum […]

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Each Patent Claim Should Be Argued Separately

On July 22, 2011, the Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion addressing how patent attorneys should treat dependent claims when drafting responses to Office actions. In re Lovin, ___ F.3d ____ (Fed. Cir. 2011). From the opinion, “at the heart of this dispute is whether Lovin, in his appeal […]

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Sending Email to Examiners at the U.S. Patent Office

Patent applicants may use email and other Internet technologies (e.g., uploading documents into the record of patent applications) to communicate with the U.S. Patent Office. MPEP 502.03.(I), titled  CONFIDENTIALITY OF PROPRIETARY INFORMATION, requires that “[a]ll use of the Internet by Patent Organization employees . . . shall be conducted in a manner that ensures compliance […]

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