Posts tagged as:

patent quality

“US Patent Office Grants ‘Photography Against A White Background’ Patent To Amazon” [Tim Cushing, TechDirt] Critics suspect there is prior art.

{ 4 comments }

New legal post at EFF

by Walter Olson on January 2, 2013

The Electronic Frontier Foundation announces, “Thanks to a generous donation, EFF attorney Julie P. Samuels is now ‘The Mark Cuban Chair to Eliminate Stupid Patents‘.”

In a less jocular vein, Dan Burk on patent reform [Cato Regulation magazine, PDF]

  • This is getting serious: “Patent troll targets Minecraft” [Rob Beschizza, BoingBoing] Are mainstream tech companies joining the patent-troll brigade? [WSJ Law Blog] Bessen-Meurer have another study of patent trolls out, this one suggests their direct costs to economy $29 billion a year [Joe Mullin, Ars Technica]
  • London Olympics games: you may link to our site only if not in a “derogatory or otherwise objectionable manner” [Popehat]
  • “Fan Fiction vs. Copyright – Q&A with Rebecca Tushnet” [Reason.tv]
  • Are the logos similar? Apparel maker Under Armour sues maker of “Body Armor” sports drink [Baltimore Sun]
  • “U.S. Patent System is Broken, Declares Judge in Android v. Apple Cases” [Posner; DailyTech] Posner “on Why he thinks There Are Too Many Patents in America” [Atlantic]
  • Startups: “Why do investors want founders to spend money and time on bogus patents?” [Cory Doctorow]

{ 2 comments }

  • Deborah Gerhardt on the ruling in favor of an artist who paints Crimson Tide sports highlights without University of Alabama say-so [Deborah Gerhardt/Eric Goldman, earlier here, etc.]
  • Posner throws out Apple/Motorola case [Tabarrok, more]
  • Joinder of defendants allegedly violating same patent: “D.C. Court Ruling Makes Life Tougher For Patent Trolls” [Daniel Fisher, Forbes]
  • “Google, AOL Face Patent Suit Over ‘Snippet’ Search Results, Ads” [Justia]
  • “Absurd patent of the day, Apple re: wedge-shaped computers” [Tabarrok]
  • “Defensive Patent License: judo for patent-trolls” [Doctorow/BB]
  • Why are copyright terms so long? One theory [Julian Sanchez]

May 3 roundup

by Walter Olson on May 3, 2012

January 11 roundup

by Walter Olson on January 11, 2012

  • California’s Prop 65 and the numbness of overwarning [Tung Yin via Bainbridge]
  • Time to kill off medical-method patents [Alex Tabarrok, Medical Progress Today]
  • Spite decoration: “Gretna fence squabble continues in bitter fashion” [NOLA.com, Louisiana]
  • “The Problem With Immigration Lawyers and How to Fix It” [Dzubow/Asylumist via Legal Ethics Forum]
  • “Are NYC transit bus drivers prevented from calling police?” [Turkewitz]
  • “Circumvention tourism” is travel intended to sidestep medical regulation [Glenn Cohen, Prawfs]
  • Abolition of wasteful, arrogant California redevelopment agencies has Tim Cavanaugh ready to kiss a nurse in Times Square [Reason, similarly Gideon Kanner and Steven Greenhut]

August 29 roundup

by Walter Olson on August 29, 2011

{ 1 comment }

March 30 roundup

by Walter Olson on March 30, 2011

  • “Woman Sues Adidas After Fall She Blames on Sticky Shoes” [Lowering the Bar]
  • Texas lawmakers file loser pays proposals [SE Tex Record] Actual scope of proposals hard to discern through funhouse lens of NYT reporting [PoL] Marie Gryphon testimony on loser-pays proposals in Arkansas [Manhattan Institute, related]
  • Google awarded patent on changing of logo for special days [Engadget via Coyote]
  • “Civil Gideon in Deadbeat Dad Cases Would Be ‘Massive’ Change, Lawyer Tells Justices” [Weiss, ABA Journal, Legal Ethics Forum]
  • Amateur-hour crash-fakers in Bronx didn’t reckon on store surveillance camera [NY Post]
  • “Plaintiffs’ Lawyers in Cobell Defend $223M Fee Request” [BLT]
  • Show of harm not needed: FDA kicks another 500 or so legacy drugs off market, this time in the cold-and-cough area [WaPo]
  • “Wal-Mart v. Dukes: Rough Justice Without Due Process” [Andrew Trask, WLF]

January 18 roundup

by Walter Olson on January 18, 2011

  • What, no more monkeys or snakes? Starting March 15 new federal regulation will restrict definition of “service animals” to dogs alone [Central Kitsap Reporter, earlier, more]
  • “Appeals court: SD prosecutor’s conduct denied man a fair trial” [San Diego Union-Tribune]
  • A tale of local regulation: “A septic system at the crossroads” [Roland Toy, American Thinker]
  • Firm sues Fark, Reddit, Yahoo, etc. etc. over 2002 patent on “structured news release generation and distribution,” draws rude reply from defendant TechCrunch;
  • UK schools minister: “no touching pupils” policy keeps music teachers from doing their job [Telegraph]
  • Legal ethicist Stephen Gillers hired at $950/hour to approve ethics of Ken Feinberg’s BP compensation fund work [two views: Andrew Perlman and Monroe Freedman; earlier, Byron Stier]. Per Ted at PoL, trial lawyers criticizing the arrangement “complain that BP is using the same tactic plaintiffs’ lawyers regularly use to prove their own ethics.”
  • Is WordPress’s quirky “Hello Dolly” plugin a copyright infringement? [TechDirt]
  • Congrats, you’re eligible for a job with the D.C. public school system [ten years ago on Overlawyered; more on criminal records and hiring, subject of a current EEOC crusade]

{ 3 comments }

Honestly, it was only a finger twitch, I wasn’t meaning to infringe: “Hopewell Culture & Design reckons it owns the act of double-clicking, and is suing Apple, Nokia, Samsung and just about everyone else for breaching its patent.” [The Register]

{ 1 comment }

“Indian activists claim that the patent [awarded to Colgate for a tooth powder] is bogus because the ingredients — including clove oil, camphor, black pepper and spearmint — have been used for the same purpose for hundreds, ‘if not thousands,’ of years on the subcontinent.” [Fox Orlando]

{ 3 comments }

“When I look closely at these claims, I am appalled to discover this patent claims, as a novel invention, things that I’ve done regularly, with a mix of my brain and a computer, since at least 1999.” [Bradley M. Kuhn via Pete Warden]

{ 1 comment }

December 21 roundup

by Walter Olson on December 21, 2009

  • “CBO Stands By Its Report: Tort Reform Would Save Billions” [ShopFloor; our weekend post on what actually wound up in Reid bill]
  • “Indianapolis Tacks on Steep Fines for Challenging Traffic Tickets” [Balko]
  • “Fugitive Located Inside Homeland Security Dept. Office” [Lowering the Bar]
  • Assumption of risk? New York courts field legal complaints over mosh dance injuries [Hochfelder]
  • Company claiming patent on Ajax web technique is suing lots of defendants [W3C, ImVivo via @petewarden]
  • Why Arizona voters still back Sheriff Joe [Conor Friedersdorf/Daily Dish, von Spakovsky/NRO (deploring "persecution" of Arpaio), Greenfield]
  • “Are Breast Implants and Donated Organs Marital Assets?” [Carton, Legal Blog Watch]
  • “Disbarment Looms for First Attorney Convicted Under N.J. Anti-Runner Law” [NJLJ]

{ 6 comments }

June 25 roundup

by Walter Olson on June 25, 2009

{ 1 comment }

June 23 roundup

by Walter Olson on June 23, 2009

  • In case you were waiting for it: update on “toxic-bra” litigation [OnPoint News, Kashmir Hill, Above the Law (noting that rashes can have many different causes); earlier]
  • Parts 5 & 6 of White Coat’s malpractice-suit saga [opposition's expert witness; emotional support]
  • “Global Insurance Fraud by North Korea Outlined” [Washington Post]
  • British cops aren’t saying which famous buildings you can be stopped/searched for photographing [BoingBoing]
  • FBI said to probe whether construction-defect lawyers have improper ties to Nevada homeowner associations that give them business [Carter Wood at Point of Law]
  • With junk science in even criminal prosecutions, is there hope of keeping it out of civil cases? [Coyote]
  • “Remember when you could fight with a sibling and not face arrest?” [Obscure Store, 10-year-old Texas girl]
  • Australian man obtains patent on “circular transportation facilitation device”, otherwise known as “the wheel”, to make point about ease of obtaining weak patents [eight years ago on Overlawyered]

{ 5 comments }

In Patent Application No. WO/2006/068863 (h/t The Browser), McDonald’s claims:

A method of making a sandwich composed of at least a bread component and sandwich garnish comprising: placing sandwich garnish material on a sandwich assembly tool, the sandwich assembly tool comprising a region for holding sandwich garnish material to be applied to a bread component of a sandwich, the member comprising at least one cavity; placing the bread component over and adjacent the cavity; and thereafter inverting the sandwich assembly tool and the bread component while the bread is adjacent and covering the cavity to cause the sandwich garnish to be deposited from the cavity to the bread component.

{ 6 comments }

Lawyer Scott Harris is appealing the Patent Office’s rejection of US Patent Application No. 09/387,823, in which he had hoped to obtain a patent on the concept of a “marketing company devoted to selling/marketing products produced by other companies in return for a share of their profits”. [Slashdot]

{ 3 comments }

January 6 roundup

by Walter Olson on January 6, 2009

  • Griffin Bell, Carter AG dead at 90, was (among much else) respected Democratic voice for litigation reform [Atlanta Journal-Constitution]

  • “700,000 squiggles”: historic NY high court crackdown on trial lawyers’ pothole map [NYT; D'Onofrio v. City of New York slip op h/t reader Andrew Barovick; way back, City Journal]

  • Judge gets off pretty easy after her drunken crash into cop car [Hartford Courant via ChicTrib] Connecticut’s wild-n-crazy judiciary [Courant]

  • Follow the rules and seat Burris: National Journal quotes me in its bloggers’ poll [Illinois Senate appointment]

  • Legal history moment: Statute of Anne, 1710, turned copyright law into force for liberty [Cathy Gellis]

  • Blind editorial squirrel finds acorn: NY Times editorial on Calif good-Samaritan liability not half bad [yes, NYT]

  • “Win yourself a $50,000 bounty by busting a patent” [Forbes]

  • Dental student dismissed from University of Michigan wins $1.7 million from four profs, argued that claimed academic deficiencies were just ruse [ABA Journal]

{ 6 comments }