So the Federal Circuit has spoken. The late Jerome Lemelson gets his comeuppance. And companies around the country breathe a sigh of relief.
Whether Mr. Lemelson goes down in history as a modern day Thomas Edison (and I’ve sometimes had my doubts about Tom) or as just a shrewd manipulator of the legal system,
Yet another article on “Patent Reform” today. To listen to some of these guys, you’d think the Microsofts, Intels, Googles and IBMs of the world are at risk of being bankrupted by small patent holders.
In case you missed it the first time, let’s try this again.
Continue Reading Reform, Reform, Reform
Who says claim construction is difficult? Who says it’s unpredictable? Nonsense! Claim construction is easy! Anyone can do it. You simply follow the clear guidelines set out by the Federal Circuit.
And where do you find those?
That’s easy too. The Federal Circuit has helpfully set them out in today’s en banc decision in Phillips v. AWH Corporation. Just read it — all fifty-six pages of it.
Start with the majority opinion by Judges Bryson, Michel, Clevenger, Rader, Schall, Gajarsa, Linn, Dyk and Prost. And check out the additional views of Judge Lourie, who joins with respect to parts I, II, III, V and VI, and those of Judge Newman who joins with respect to parts I, II, III, and V. But don’t forget Judge Lourie’s dissent-in-part in which Judge Newman joins. And then there’s the dissent from Judge Mayer, in which Judge Newman joins. But trust me, it makes sense. It really does. I’m so grateful the court has made things clear.
Continue Reading Have We Made Ourselves Clear?
Well, things have been quite busy around here the last month or so, with an oral argument before the Federal Circuit last month and a case going to trial in a couple of weeks. Although I haven’t posted in a while, I still find time to keep up with the so-called “patent reform” efforts currently
Dennis Crouch asks why so many patents seem indecipherable and what can be done about it? Good questions, indeed.
Always willing to speak the truth, however unpleasant it may be, I’m here to provide my answers.
Continue Reading Understandable Patents?
Well, well, well. After calling for “patent reform” and denouncing those who license patents without actually making a product, it seems Microsoft is hedging its bets. At least that’s how it appears to a cynic like me.
Oh, I get it. This is different. They are “providing technology,” while those who enforce patents without actually
Dr. Nathan P. Myhrvold’s recent testimony before the Senate Subcommittee on patent reform makes a strong case for the rights of small inventors and businesses in the patent arena. Coming from a now-wealthy man who could easily join the forces of big business, it’s refreshing that Dr. Myhrvold has not rewritten history or otherwise forgotten where he came from.
(Many thanks to J. Matthew Buchanan, publisher of the “Promote the Progress” I.P. blog, for making this and other records of the Subcommittee hearings available at his site.)
Continue Reading Let’s Hear it For Dr. Myhrvold!
Well, that’s the title of yet another article I came across — this time in The Motley Fool — that intentionally or unintentionally spreads lies, untruths and disinformation about the patent system. I’m shocked and outraged. Think of the possible effect on our young people. (Our young people!)
Continue Reading The Lowdown on Patent Shakedowns???
Two themes echoed throughout yesterday’s Senate Subcommittee hearing on patent reform. First is the need to improve patent quality. Second is the need to improve efficiency in patent litigation.
Given these laudable goals, last week’s Federal Circuit decision in Hoffer v. Microsoft, et al. left me scratching my head.
Continue Reading Promoting Patent Lawsuit Efficiency — Is The Federal Circuit Aboard?
A Senate subcommittee held hearings today on proposed “reforms” to the patent system. IP bloggers J. Matthew Buchanan and Dennis Crouch have a lot of useful information posted for those who are interested. I just finished watching the hearings on C-SPAN earlier this evening and have a few views and thoughts of my own. Congress is free to consider and use them at no charge.
Continue Reading Senate Hearings on Patent Reform