Posts Tagged ‘USPTO’

“It will always be 1999 on our Calendar”

Thursday, April 21st, 2016


Examining the Examiners – Knowledge is Power

Thursday, April 7th, 2016

ninjaA new website came across my inbox this week. It is called Examiner Ninja and provides analytics on patent examiners. The creator of the website, Justin Roettger, says the website is free and told me “I’m just looking to contribute something to the community that I am now a part of.” Looking at the website you can learn more about Justin:

“Hi! My name is Justin Roettger and I live in Los Angeles, CA. When I’m not fooling around with patent examiner websites, I like woodworking, tinkering with electronics, and ping pong. I built this site as a side project while waiting for the USPTO to complete my registration after passing the patent bar last October. I currently work in web development / IT but I’m hoping to transition into working as an EE/CS patent attorney soon. Feel free to shoot me an email at for site feedback, questions, suggestions, etc.”

Take a look and see what you think.

Superman Breyer v. Batman Lourie Battle in the Sequenom Petition for Cert.

Sunday, March 27th, 2016

iStock_000087208111_SmallSince this is an amplification of my last post on the Sequenom petition for cert. in Sequenom v. Ariosa, please go back at read my first post on the petition. I have been arguing for some years that the patent world will never be at rest where diagnostic claims are concerned until the patent eligibility of a simple “If A, then B” claim is addressed by the Fed. Cir. and/or the Supreme Court.

This is the type of claim criticized by Justices Breyer, Souter and Stevens in the “Metabolite Labs dissent” of 2006, when the Court declined to decide the patent-eligibility of a method of detecting a deficiency of cobalamin or folate by assaying a body fluid for an elevated level of homocysteine and correlating the elevated level with a cobalamin or homocysteine deficiency.” Justice Breyer just called the claim a law of nature with a mental step.

Fast forward to 2012 and the Mayo decision (132 S.Ct. 1289), and the Supreme Court invalidated an awkwardly drafted claim that I will re-write here as a method of medical treatment claim:


President Obama Nominates Merrick Garland to fill Scalia Vacancy

Wednesday, March 16th, 2016

Merrick-Garland-Article-201411121517_1458137133709_1030713_ver1.0Yesterday, President Obama nominated Judge Merrick Garland, Chief Judge of the D.C. Cir., to fill the seat vacated by the recent death of Justice Scalia. Merrick is a graduate of Harvard and Harvard Law School, and clerked for Justice Brennan. He majored in Social Studies at Harvard and was Articles Editor at the Harvard Law Review.

Although I scanned various articles looking for some tech background to provide another view to the anti-life science patent proponents on the current court, such as Justices Breyer and Thomas, I couldn’t find much. Wiki notes that Garland has ‘favored contested EPA regulations and actions when changed by industry, and in other cases he has accepted challenges brought by environmental groups.” So at least he doesn’t believe the earth is flat or that the Creator is warming us up for the second coming.

Of course, Republican Senators who have spoken out have no interest in even holding hearings on this distinguished jurist, who was appointed to the D.C. Cir. by President Clinton. At that time, Republicans opposed his appointment on the laughable basis that the court did not need a 12th judge and that his appointment would be a waste of Federal funds. I guess that the obstructionist opponents would rather wait to see who the Donald hires for the job.