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Patent Gridlock Suppresses Innovation
The Founders might have used quill pens, but they would roll their eyes at how, in this supposedly technology-minded era, we’re undermining their intention to encourage innovation. The U.S. is stumbling in the transition from their Industrial Age to our Information Age, despite the charge in the Constitution that Congress “promote the Progress of Science […]
July 2008 / 1 min.
Open Source, Open Access, and Open Transfer: Market Approaches to Research Bottlenecks
The Northwestern Journal of Technology and Intellectual Property has accepted a paper I co-authored with Professor Robin Feldman of UC Hastings School of Law. The name of the piece is Open Source, Open Access, and Open Transfer: Market Approaches to Research Bottlenecks. It should appear in full published form before the end of 2008. […]
April 2008 / 1 min.
UK High Court Allows Software Patents
Techdirt - UK High Court Follows Bad US Decision To Allow Software Patents: It looks like the UK is about to make the same dangerous mistake that US courts made a while back. A decision there has now stated that the Patent Office shouldn’t automatically reject patent apps on software. Although I am in general […]
January 2008 / 1 min.
RIAA Behaving Badly; Let’s Cut Their Copyright Privileges
RIAA Behaving Badly; Let’s Cut Their Copyright Privileges - Wolfe’s Den Blog - InformationWeek: Innocent consumers are being bothered by another round of the record industry behaving badly, via more lawsuits and anti-copying threats. This time, though, I’ve got a solution. We should do what we do to children who misbehave: Take away their privileges. […]
January 2008 / 2 min.
Rothman on Custom in Intellectual Property
Legal Theory Blog: Rothman on Custom in Intellectual Property: The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de […]
January 2008 / 1 min.
On the Supreme Court, the Federal Circuit, and Patent Law
Michigan Law Review - An Online Symposiumon the Supreme Court, the Federal Circuit, and Patent Law: This symposium takes place against a backdrop of three recent Supreme Court decisions-KSR v. Teleflex, Microsoft v. AT&T, and eBay v. MercExchange- affecting patent law. It asks whether these cases, considered together, represent a recent upheaval in patent […]
October 2007 / 1 min.
Is the Golden Age of Patent Litigation Coming To an End?
WSJ Law Blog - Is the Golden Age of Patent Litigation Coming To an End? That’s the weighty question keeping us up last night as we contemplated In Re Stephen Comiskey, the latest in a string of rulings that has chipped away at patent holdersaEUR™ rights and reflects the growing concern over the patent-litigation boom. […]
October 2007 / 1 min.
Patent Reform
An update on patent reform legislation working its way through Congress right now. An interesting amendment (from the comments on Patently-O) includes the following: [The] banning of patents on “tax planning methods.” These are defined, inter alia, as any invention that is a “techniqueaEUR|that has, when implemented, the effect of reducing, minimizing, or deferring, a […]
September 2007 / 1 min.