Admitted for Twelve Years Today

Star Wars fans smile at the mention of May 4th as it is reminiscent of, “May the Force be with you.” I celebrate this day for a different reason. Today — May 4, 2016 — is my twelfth anniversary of being admitted to a bar, the Texas Bar (see picture above). The admission gave me […]

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Putting the Law into the Public Domain – unCopyrighting the Law

Americans spend over $10 billion a year to access legal documents. Sounds ridiculous, but it’s true! Lawyers and other citizens are often forced to pay private entities (e.g. LexisNexis, WestLaw) for access to the law and legal precedent. States, counties and cities often copyright the law that they pass. Carl Malamud has been active in […]

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Ideas are not Protectable – Victoria Espinel (Government Official) Gets it Wrong

Victoria Espinel was recently appointed as U.S. Intellectual Property Enforcement Coordinator. On February 23, 2010, she posted a blog entry on the WhiteHouse.gov website. Sadly, she perpetuates some lies about “intellectual property.” I only address the most egregious lies here, principally the lack of distinction between “ideas” and “intellectual property.” Victoria fails to recognize the […]

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False Marking of Patents

The opposite of proper marking of patents is not necessarily false marking. False marking involves deception of the public. False marking occurs when a product for sale is marked “patented” when it is no longer covered by patent protection. In particular, 35 U.S.C. 292(a) states in relevant part that “Whoever marks . . . or […]

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