Archive for November, 2018

Breckenridge troll seeking a new home

Thursday, November 15th, 2018

I’m still curious whether removal of the troll violates the Visual Artists Rights Act.

 

Heads up

Wednesday, November 14th, 2018

Quote of the day

Wednesday, November 14th, 2018

We recognize that the Board has subject matter expertise, but the Board cannot accept general conclusions about what is “basic knowledge” or “common sense” as a replacement for documentary evidence for core factual findings in a determination of patentability. Zurko, 258 F.3d at 1385-86. To hold otherwise would be to embark down a slippery slope which would permit the examining process to deviate from the well-established and time-honored requirement that rejections be supported by evidence. It would also ultimately “render the process of appellate review for substantial evidence on the record a meaningless exercise.” Id. at 1386 (citing Baltimore & Ohio R.R. Co. v. Aberdeen & Rockfish R.R. Co., 393 U.S. 87, 91-92, 89 S.Ct. 280, 21 L.Ed.2d 219 (1968)).

K/S HIMPP v. Hear-Wear Technologies, LLC, 751 F.3d 1362, 1366 (Fed. Cir. 2014) (Judge Lourie writing for the court; Judge Wallach forming the second member of the panel majority; Judge Dyk dissented).

Rule 36 Judgments for the Court of Federal Claims a rarity

Tuesday, November 13th, 2018

Updated 11/15/18

It is interesting how rarely the Federal Circuit has issued Rule 36 judgments in appeals from the Court of Federal Claims in the last two months — only two.  The CAFC issued opinions in appeals from the CFC in the ratio of 8 opinions to 1 Rule 36 judgment over the last two months.

 

In contrast, the court issued ten Rule 36 judgments in appeals from district courts over roughly the same period.  The CAFC issued opinions in appeals from district courts in the ratio of 7 opinions to 10 Rule 36 judgment over the last two months.

 

And, in the last two months, the court has issued sixteen Rule 36 judgments in appeals from the PTO. The CAFC issued opinions in appeals from the Patent Office in the ratio of 19 opinions to 16 Rule 36 judgments over the last two months.

That breaks down to:

CFC:  8:1

District court:  7:10

PTO:  19:16.

Don’t give up!

Monday, November 5th, 2018

The determination of this little bear cub kind of reminds me of the determination of the patent bar to accomplish patent eligibility reform.

There have been many ups and downs in the past  . . . but, I think we will finally get to the top of the mountain.