Archive for the ‘Miscellaneous’ Category

Genetic Engineering Makes the Blacklist

Thursday, April 16th, 2015

iStock_000003273676_LargeJames Spader was quirkily funny as Denny Crane’s partner on “Boston Legal,” but NBC’s “The Blacklist” has him operating totally outside of the law. He plays Raymond Reddington, an enigmatic figure who reveals to a black-ops FBI agent the evil doings of criminals that fly under the radar of normal law enforcement – and who make “The Blacklist.” A recent episode involved trying to catch a “mad scientist,” funded by a middle-aged tech billionaire to conduct research on human subjects for his “Longevity Initiative.” When the scientist is captured, oddly, one might think, his lab contains tanks of phosphorescent jelly fish and two bunnies that glow in the dark.

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25 Critical Patent Enforcement Developments

Wednesday, April 8th, 2015

News from Chisum Patent Academy

25 Critical Patent Enforcement Developments

The Acfaculty-large-janice-e1402305426293ademy is pleased to announce the April 2015 publication of the annual Update for Volume II (Patent Enforcement) of the practitioner treatise, Mueller on Patent Law, authored by our co-founder, Janice M. Mueller.

The two-volume Mueller on Patent Law treatise is published by Wolters Kluwer Law & Business. Volume I (published 2012) addresses patentability, validity, and prosecution procedures; Volume II (published 2014) covers patent infringement, USPTO MOPL-cover-e1339620575906-150x150post-issuance procedures, design patents, and international patenting issues. For detailed tables of contents for both volumes, click here.

The full text of the 2015 Update for Volume II (Patent Enforcement) is available electronically on Wolters Kluwer’s Intelliconnect subscription platform. By examining in detail each of the cases highlighted below (plus many others), the 2015 Update adds extensive and valuable new matter to Volume II.

Highlights of the April 2015 Update for Vol. II:

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“Changing The Horizon” Or “Lost Horizon”? – Kappos Pulls It Together

Thursday, March 19th, 2015

road in mountainsAt a meeting sponsored by Intellectual Asset Management (IPBC/Global), “Meeting the NPE Challenge,” former Director of the USPTO, David Kappos on March 13th (a Friday even) gave a speech that cogently summarized the state of the IP landscape both from the law and policy perspectives. If you have felt overwhelmed and even put off by (im)perfect storm of legislative proposals, judicial holdings, and simplistic editorials that is buffeting the patent system, you must take the time to read the text of his speech, which occupies only 14 pages, but covers almost every “incoming” that the patent system has had to duck, or endure, in recent years (Ed.: “Time flies when you are having fun”). (A copy can be found at the end of this post.) I am not going to attempt a summary here –the talk is not that long—except to say that it summarizes both “Legislative Reform” (“The AIA is working”) and more recent proposals, such as fee shifting and covered customer stays. Section 101 is covered –“the courts seems to have lost their way”—including the recent attacks on software patents—(“Software patents are not statistically prone to being ‘bad’ patents”).

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Patents4Life is Six Years Old this Month. Happy Birthday to Us!

Tuesday, March 3rd, 2015

OLYMPUS DIGITAL CAMERASix years ago, In re Kubin caused a flurry of concern among biotech practitioners, and a short article on this decision was the first post on Patents4Life. That was a pretty big “story” at the time but we all had no idea what was coming our way. It is difficult to think of an area of patent law that hasn’t been through a sea change since 2009, or at least has not encountered some very high seas.

There are not enough hours in today to do even a cursory review of the “State of Patent Law” since Patents4Life was started. Of course, one of the hottest topics right now is the scope of s. 101, and its breadth will surely be adjusted as the precedent piles up. And just consider, all of this debate is completely outside of the changes wrought in 35 USC by the AIA, the rise of generic biologicals that was set off by the ACA (“Obamacase”) and the Therasense, Teva v. Sandoz and Nautilus decisions.

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