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TWiL 10: The RIAA vs Jammie Thomas
Host: Denise Howell,
Guests: Cathy Kirkman, John Palfrey, Kevin Heller, and Professor Eric Goldman.
The panel discusses the RIAAs case vs. Jammie Thomas and new developments in indirect liability for third party acts and comments.
Our talking points are online at http://del.icio.us/thisweekinlaw/10.
Mastering Negotiation
A friend of mine is teaching a one day course at NYCLA (NY County
Lawyers Assoc) next Thursday 11/15/07 titled Mastering Negotiation.
Michigan Law Review Symposium on Patent Law
Dear Mr. Heller:
The Michigan Law Review's companion journal First Impressions today
published an online symposium on the Supreme Court, the Federal Circuit, and Patent Law. The symposium takes place against a backdrop of three recent Supreme Court decisions-KSR v. Teleflex, Microsoft v. AT&T, and eBay v. MercExchange-on patent law.
A diverse group of authors explores whether these cases, considered
together, represent a recent upheaval in patent law and redefine the
relationship between the Federal Circuit and the Supreme Court or if such predictions are overblown.
University of Michigan Law Professor Rebecca S. Eisenberg contends that the Federal Circuit's control over patent law remains little diminished by the Court's recent foray into patent jurisprudence and argues that the most significant impact of KSR may be to embolden the U.S. Patent and Trademark Office to reject more patent applications for obviousness without fear of reversal.
pdf
George Washington University Law Professor John F. Duffy argues that the Supreme Court's reform of patent law substance and procedure was predictable and that KSR's importance derives from the fact that it highlights many separate trends that are reshaping the patent system.
pdf
Patent litigator Harold C. Wegner believes that the Microsoft case revealed the balkanized nature of the Federal Circuit and that KSR, through which the Supreme Court created a unified message, will therefore be crucial to the Federal Circuit under future Chief Judge Randal Rader.
pdf
Senior Vice President and General Counsel for Eli Lilly & Co. Robert A. Armitage proposes that Congress adopt the National Academy of Sciences' recommendations for reforming patent law rather than pursuing "anti-troll" objectives and simultaneously defends the judiciary's successful track record of responding to common criticisms of anti-trolls without legislative intervention.
pdf
Patent litigators Stephen G. Kunin and Andrew K. Beverina explain KSR's effect on patent law and outline lessons that case suggests for patent prosecution and litigation.
pdf
To download a PDF of the entire symposium, feel free to click here.
Additional First Impressions content is available at
http://www.michiganlawreview.org/
WikiPatents celebrates 1 year
WikiPatents just celebrated its first birthday! During its first year, WikiPatents has become one of the most popular patent web sites on the Internet. It has been mentioned by hundreds of web sites and blogs, has been covered by The New York Times, CNet, and other notable online publications, has welcomed millions of visitors, and has built an active community of over 25,000 members! In its efforts to help improve patent quality, the WikiPatents Community has helped identify and comment on some of the most popular, valuable, amusing, interesting, and notable patents and patent applications.
The WikiPatents database now hosts over 10 million patents and patent applications and provides access to a number of valuable and FREE tools, including:
* advanced patent searching,
* patent PDF files,
* PAIR file histories or file wrappers, and
* double-click word searching within the text of patent documents.
Among its most notable achievements, WikiPatents.com is contributing to an important movement of improving patent quality by allowing users to add prior art references, comment on the relevancy of prior art, and discuss the scope of inventors' claims. To join the WikiPatents Community, go to http://www.wikipatents.com. Of course, it's free to join.
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