#patentfedi — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #patentfedi, aggregated by home.social.
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It's design week in Copyright!
Today: Mazer through Star Athletica
Wednesday: A design patent interlude, using our (free) "One Day on Designs" supplement https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3890945
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It's design week in Copyright!
Today: Mazer through Star Athletica
Wednesday: A design patent interlude, using our (free) "One Day on Designs" supplement https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3890945
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Get excited: Our 2024-2025 (free) patent casebook supplement is here! https://patentlawcasebook.com/
Featuring, among other things, an all-new edit of #LKQvGM:
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Get excited: Our 2024-2025 (free) patent casebook supplement is here! https://patentlawcasebook.com/
Featuring, among other things, an all-new edit of #LKQvGM:
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Counterfeit rhetoric, utility patent personal jurisdiction edition:
https://patentlyo.com/patent/2024/07/jurisdiction-undermines-counterfeiting.html
(For more on why patent infringement is not the same as counterfeiting, see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909)
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Counterfeit rhetoric, utility patent personal jurisdiction edition:
https://patentlyo.com/patent/2024/07/jurisdiction-undermines-counterfeiting.html
(For more on why patent infringement is not the same as counterfeiting, see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909)
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"[T]he Committee recommends that the Judicial Council impose a renewed sanction suspending Judge Newman from hearing cases at the panel or en banc level for an additional year...."
https://cafc.uscourts.gov/release-of-materials-in-judicial-investigation-3/
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"[T]he Committee recommends that the Judicial Council impose a renewed sanction suspending Judge Newman from hearing cases at the panel or en banc level for an additional year...."
https://cafc.uscourts.gov/release-of-materials-in-judicial-investigation-3/
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Patently-O has a post today about patents for animated screen designs: https://patentlyo.com/patent/2024/07/animated-gui-design-patents.html
Professor Crouch mentions the subject matter issue, which we discuss here: https://www.regulations.gov/comment/PTO-C-2020-0068-0009
These types of claims often have originality issues:
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Patently-O has a post today about patents for animated screen designs: https://patentlyo.com/patent/2024/07/animated-gui-design-patents.html
Professor Crouch mentions the subject matter issue, which we discuss here: https://www.regulations.gov/comment/PTO-C-2020-0068-0009
These types of claims often have originality issues:
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If you are a member of the patent bar: How long did it take for you to study/prepare to take the exam? How much time time lapsed between the date you applied (or decided to apply) and the date you took the exam?
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If you are a member of the patent bar: How long did it take for you to study/prepare to take the exam? How much time time lapsed between the date you applied (or decided to apply) and the date you took the exam?
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Are you a law student or attorney who is interested in joining the design patent bar? If you haven't applied yet, why not?
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Are you a law student or attorney who is interested in joining the design patent bar? If you haven't applied yet, why not?
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Listening to an on-demand CLE about the EU Unitary Patent System.
They mentioned that not all of the member states signed on, so of course I was curious about why.
Per the Kluwer Patent Blog, Spain is out because of language issues (i.e. you can't file in español). Okay.
They also say that Poland didn't join "out of concern it would harm its economy." What kind of concerns? Does anyone know more about this?
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Listening to an on-demand CLE about the EU Unitary Patent System.
They mentioned that not all of the member states signed on, so of course I was curious about why.
Per the Kluwer Patent Blog, Spain is out because of language issues (i.e. you can't file in español). Okay.
They also say that Poland didn't join "out of concern it would harm its economy." What kind of concerns? Does anyone know more about this?
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Law360: "Judge Taranto said he's typically 'disappointed' with the [amicus] briefs submitted to the court, and urged the attorneys in the room to do better. 'It's very rare we get amicus briefs that say something beyond what the parties say,' he said. 'Most amicus briefs make broad, unsupported general assertions about things for which we aren't given independent basis to evaluate the truth of the assertions.'"
https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085
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Law360: "Judge Taranto said he's typically 'disappointed' with the [amicus] briefs submitted to the court, and urged the attorneys in the room to do better. 'It's very rare we get amicus briefs that say something beyond what the parties say,' he said. 'Most amicus briefs make broad, unsupported general assertions about things for which we aren't given independent basis to evaluate the truth of the assertions.'"
https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085
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Law360: "U.S. Circuit Judge Richard Taranto told the room that the Federal Circuit currently has a backlog, which means oral arguments and opinions are being delayed." https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085
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Law360: "U.S. Circuit Judge Richard Taranto told the room that the Federal Circuit currently has a backlog, which means oral arguments and opinions are being delayed." https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085
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Judge Albright is one of the judges who said they won't hire clerks from Columbia Law School because there are protests at Columbia University:
https://abovethelaw.com/2024/05/federal-judges-hiring-columbia/
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Judge Albright is one of the judges who said they won't hire clerks from Columbia Law School because there are protests at Columbia University:
https://abovethelaw.com/2024/05/federal-judges-hiring-columbia/
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Fellow #LawProfs: Do you have a question you find yourself asking over and over when you are commenting on other peoples' drafts?
Mine is: Is this a patent paper or a utility patent paper?
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Fellow #LawProfs: Do you have a question you find yourself asking over and over when you are commenting on other peoples' drafts?
Mine is: Is this a patent paper or a utility patent paper?
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E-Link v. #ScheduleA - In a patent case (what kind of patent case? we can't tell because of all the sealing), Judge Cummings denies permissive joinder. Then, when the case is dumped on a new judge, that new judge (Harjani) adopts the Judge Hunt "Ali Baba" rule (40 is okay, for some reason). Neither judge mentions 35 U.S.C. § 299.
https://www.courtlistener.com/docket/68092739/e-link-plastic-metal-industrial-co-ltd/
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E-Link v. #ScheduleA - In a patent case (what kind of patent case? we can't tell because of all the sealing), Judge Cummings denies permissive joinder. Then, when the case is dumped on a new judge, that new judge (Harjani) adopts the Judge Hunt "Ali Baba" rule (40 is okay, for some reason). Neither judge mentions 35 U.S.C. § 299.
https://www.courtlistener.com/docket/68092739/e-link-plastic-metal-industrial-co-ltd/
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"The NPRM would also hike design patent filing and issuance fees. The USPTO notes that no maintenance fees are owed on design patents and that the USPTO has been subsidizing design patent examination with revenue from the utility patent side." - @patentlyo #DesignPatents #PatentFedi #CostlyDesigns
https://patentlyo.com/patent/2024/04/targeted-higher-compact.html
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"The NPRM would also hike design patent filing and issuance fees. The USPTO notes that no maintenance fees are owed on design patents and that the USPTO has been subsidizing design patent examination with revenue from the utility patent side." - @patentlyo #DesignPatents #PatentFedi #CostlyDesigns
https://patentlyo.com/patent/2024/04/targeted-higher-compact.html
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"One of the most striking changes in the proposed fee structure... is the introduction of new fees for continuation applications.... These fees are clearly designed to discourage applicants from filing continuation applications long after the original priority date...." - @patentlyo #PatentFedi #PatentFees
https://patentlyo.com/patent/2024/04/targeted-higher-compact.html
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"One of the most striking changes in the proposed fee structure... is the introduction of new fees for continuation applications.... These fees are clearly designed to discourage applicants from filing continuation applications long after the original priority date...." - @patentlyo #PatentFedi #PatentFees
https://patentlyo.com/patent/2024/04/targeted-higher-compact.html
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Okay, so I don't have enough time to digest this all now, but even on first skim, there is LOTS of interesting stuff in this NPRM on patent fees: https://www.federalregister.gov/documents/2024/04/03/2024-06250/setting-and-adjusting-patent-fees-during-fiscal-year-2025
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Okay, so I don't have enough time to digest this all now, but even on first skim, there is LOTS of interesting stuff in this NPRM on patent fees: https://www.federalregister.gov/documents/2024/04/03/2024-06250/setting-and-adjusting-patent-fees-during-fiscal-year-2025
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ICYMI: The Federal Circuit affirmed PTAB conclusion that waffle design was anticipated by a Dunkin Donuts Belgian Waffle Breakfast Sandwich video: https://mastodon.social/@design_law/112050032886183399
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ICYMI: The Federal Circuit affirmed PTAB conclusion that waffle design was anticipated by a Dunkin Donuts Belgian Waffle Breakfast Sandwich video: https://mastodon.social/@design_law/112050032886183399
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Peritas Brands v. Leaphigh Animals - Judge dismisses patent owner's motion to dismiss the patent claims, based on a covenant not to sue:
https://storage.courtlistener.com/recap/gov.uscourts.nvd.161575/gov.uscourts.nvd.161575.86.0.pdf
But I'm most interested in this description of what happened at Amazon. I wasn't aware Amazon did these kind of immediate takedowns for patents; I thought you had to do arbitration (APEX)? Has that changed? Was my understanding mistaken? Is the record here just incorrect?
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Peritas Brands v. Leaphigh Animals - Judge dismisses patent owner's motion to dismiss the patent claims, based on a covenant not to sue:
https://storage.courtlistener.com/recap/gov.uscourts.nvd.161575/gov.uscourts.nvd.161575.86.0.pdf
But I'm most interested in this description of what happened at Amazon. I wasn't aware Amazon did these kind of immediate takedowns for patents; I thought you had to do arbitration (APEX)? Has that changed? Was my understanding mistaken? Is the record here just incorrect?
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Okay, #PatentFedi: What's your ballpark cost estimate for a U.S. utility patent in the mechanical arts these days?
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Okay, #PatentFedi: What's your ballpark cost estimate for a U.S. utility patent in the mechanical arts these days?
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USPTO issues "Updated Guidance for Making a Proper Determination of Obviousness," in order "to provide a review of the flexible approach to determining obviousness that is required by KSR Int'l Co. v. Teleflex Inc." (a decision SCOTUS issued in 2007): https://content.govdelivery.com/accounts/USPTO/bulletins/38c092c
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USPTO issues "Updated Guidance for Making a Proper Determination of Obviousness," in order "to provide a review of the flexible approach to determining obviousness that is required by KSR Int'l Co. v. Teleflex Inc." (a decision SCOTUS issued in 2007): https://content.govdelivery.com/accounts/USPTO/bulletins/38c092c
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Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:
https://www.scribd.com/document/708509893/Blue-Spring-v-Schedule-A-Complaint
Not only are the two design patent infringement claims that are actually alleged in the complaint absolutely baseless, the plaintiff (or perhaps more correctly, their attorneys) don't seem to understand the difference between a design patent and a utility patent.
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Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:
https://www.scribd.com/document/708509893/Blue-Spring-v-Schedule-A-Complaint
Not only are the two design patent infringement claims that are actually alleged in the complaint absolutely baseless, the plaintiff (or perhaps more correctly, their attorneys) don't seem to understand the difference between a design patent and a utility patent.
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Saw this today:
"Similar to Olaplex, 'K18 has a patent to prove it works in hair bonding,' says King": https://www.elle.com/beauty/hair/g46077474/best-hair-bonding-treatments/
No, a patent doesn't "prove" a product "works." That's not what a patent means. The USPTO does not do efficacy testing.
See, e.g., https://patents.google.com/patent/US8609158B2/en?oq=8%2c609%2c158
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This of course made me think of @michaelmattioli's paper on the salience of patents: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4366900
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Saw this today:
"Similar to Olaplex, 'K18 has a patent to prove it works in hair bonding,' says King": https://www.elle.com/beauty/hair/g46077474/best-hair-bonding-treatments/
No, a patent doesn't "prove" a product "works." That's not what a patent means. The USPTO does not do efficacy testing.
See, e.g., https://patents.google.com/patent/US8609158B2/en?oq=8%2c609%2c158
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This of course made me think of @michaelmattioli's paper on the salience of patents: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4366900
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Judge sanctions attorney who filed a utility patent lawsuit without any pre-filing analysis of the merits of the infringement claims.
The attorney said "he could look at the patents and just know they were infringed."
!!!
(That is not how this works. That is not how any of this works.)
https://storage.courtlistener.com/recap/gov.uscourts.flmd.383043/gov.uscourts.flmd.383043.175.0.pdf
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Judge sanctions attorney who filed a utility patent lawsuit without any pre-filing analysis of the merits of the infringement claims.
The attorney said "he could look at the patents and just know they were infringed."
!!!
(That is not how this works. That is not how any of this works.)
https://storage.courtlistener.com/recap/gov.uscourts.flmd.383043/gov.uscourts.flmd.383043.175.0.pdf
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Federal Circuit reverses the grant of a preliminary injunction (based on utility patent and trade dress infringement) in a dispute between indoor "adventure parks":
http://cafc.uscourts.gov/opinions-orders/22-2047.OPINION.2-16-2024_2271523.pdf
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Federal Circuit reverses the grant of a preliminary injunction (based on utility patent and trade dress infringement) in a dispute between indoor "adventure parks":
http://cafc.uscourts.gov/opinions-orders/22-2047.OPINION.2-16-2024_2271523.pdf
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Just out of curiosity, I looked up when the last Federal Circuit en banc design patent case, #EgyptianGoddess, was argued (6/2/08) and decided (9/22/08).
If #LKQvGM were to follow the same timeline, we could expect a decision around late May.
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Just out of curiosity, I looked up when the last Federal Circuit en banc design patent case, #EgyptianGoddess, was argued (6/2/08) and decided (9/22/08).
If #LKQvGM were to follow the same timeline, we could expect a decision around late May.