Judge Dyk Congratulates the New Chief Judge

June 2nd, 2014

The Prost era at the Federal Circuit began today with Judge Dyk congratulating the new Chief Judge on behalf of the other members of the Federal Circuit: [Listen].

Chief Judge Prost

June 1st, 2014

From the Federal Circuit Announcements page:


On Saturday, May 31, 2014, Circuit Judge Sharon Prost succeeded Chief Judge Randall R. Rader as the seventh Chief Judge of the Federal Circuit Court of Appeals. Chief Judge Prost was appointed to the Federal Circuit in 2001 by President George W. Bush.
Chief Judge Prost has 40 years of government service working in all three branches of the federal government. In the Executive Branch, she served as an attorney at the Federal Labor Relations Authority and the Internal Revenue Service, and as both Associate Solicitor and Acting Solicitor at the National Labor Relations Board.
In the Legislative Branch, Judge Prost was Chief Labor Counsel for the Minority of the Senate Committee on Labor and Human Relations, and Minority Chief Counsel, Deputy Chief Counsel and Chief Counsel of the Senate Judiciary Committee. Judge Prost received a B.S. from Cornell University in 1973, an M.B.A. from The George Washington University in 1975, a J.D. from the Washington College of Law, American University in 1979, and an LL.M. from The George Washington University School of Law in 1984.

Prost - Moore - Chen

May 27th, 2014

With Chief Judge Rader stepping down as Chief Judge later this month, it would appear that the line of succession for Chief Judge will be 1) Judge Prost; 2) Judge Moore; and 3) Judge Chen.  This assumes that Judge Prost serves until her 70th birthday and that Judge Moore serves as Chief Judge for a full seven year term.  Incidentally, it appears from Judge Prost’s Wikipedia entry that she had a birthday this past Saturday.  So, she will turn 70 a week shy of a full seven year term.  Chief Judges may serve a seven year term or until they reach the age of 70.

David Kappos in Detroit Free Press

May 12th, 2014


The IPBiz.blogspot.com site noted that David Kappos has an article in today’s Detroit Free Press.  I thought Mr. Kappos’ article might interest readers; so, here is the link: [Link].

Tick tock

May 1st, 2014

President Barack Obama points out several patent models while meeting with the 2013 American Nobel Laureates and their spouses in the Oval Office, Nov. 19, 2013.

President Barack Obama points out several patent models while meeting with the 2013 American Nobel Laureates and their spouses in the Oval Office, Nov. 19, 2013.

Hard to believe that the Whitehouse.gov site celebrated this photo as the “Photo of the Day” back on November 19, 2013. That date was roughly a year after David Kappos announced he would be stepping down from being the Director of the USPTO and no nominee to replace him had been tendered by the Obama administration. Fast forward to today and still no nominee. Perhaps the USPTO should request that the Whitehouse return those patent models.

Are you up to date?

April 29th, 2014

Over the past few years, I have been writing the intellectual property chapter for the Colorado Bar Association’s book Annual Survey of Colorado Law.  While the book focuses on Colorado law, the intellectual property chapter tends to be dominated by federal developments.  This year’s publication is now available for download (for a nominal fee) in its entirety or by individual chapter from the CBA-CLE website: [Link].

For extra credit, how many birds can you find in the picture?

Tang vs. Bourbon

April 24th, 2014

There was a humorous moment recently during oral argument at the Federal Circuit when Judge Plager suggested that the advocate for the appellant might want to replace Tang with bourbon in the analogy being posited: [Listen].

Judge Plager speaking recently at Indiana University School of Law where he was dean from 1977-84

Judge Plager speaking recently at Indiana University School of Law, where he was Dean from 1977-84

To listen to some other humorous moments at the Federal Circuit, click on the “Humorous” category link.

Reply Brief in Limelight v. Akamai

April 23rd, 2014

Limelight has filed its Reply Brief in the Supreme Court case of Limelight v. Akamai.  This case deals with the issue of divided infringement.  The oral argument is slated for next Wednesday.

You can read Limelight’s Reply Brief [here].

MPEP Ninth Edition

April 17th, 2014

The US Patent and Trademark Office released the ninth edition of the MPEP in March.  A summary by the PTO of the changes is available here: [Summary].  The searchable version of the MPEP is available here: [Searchable MPEP].

Submarine Patents

April 12th, 2014

I was on vacation last week doing some scuba diving in the Caribbean.  But, I took some time off to try and better understand the phenomenon of “submarine patents.”  This little mini-submersible takes people down to a depth of 1,000 feet.