Patent Policy Questions?

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bigredforlaw
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Patent Policy Questions?

Postby bigredforlaw » Wed Nov 28, 2012 2:39 pm

Can those who have taken or are taking Patent Law provide some sample policy questions to prepare for the final exam? I'm thinking a question on AIA changes might pop up. Thanks in advance!

I'll start with a really simple one: Why is 103 Obviousness the biggest gate keeper of patents when comparing inventions to prior art?

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alphasteve
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Re: Patent Policy Questions?

Postby alphasteve » Wed Nov 28, 2012 3:06 pm

What effect has Bilski and Prometheus had the statutory requirements of patentable subject matter, and has it helped or hurt?

How does the first to file scheme affect the timing of an inventor's filing vis-a-vis 112 requirements?

bigredforlaw
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Re: Patent Policy Questions?

Postby bigredforlaw » Thu Nov 29, 2012 9:26 pm

Here's another one I came across today. What effect should the recent Akamai decision have on the single-entity rule for direct infringement? What effect should it have on inducement liability for infringement of method claims when some of the steps occurred outside of the US?

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wiseowl
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Re: Patent Policy Questions?

Postby wiseowl » Thu Nov 29, 2012 11:09 pm

Should patent trials have specialized juries?

Does the patent system work for individual inventors?

Discuss recent international harmonization efforts in patent law and assess their success or failure.

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alphasteve
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Re: Patent Policy Questions?

Postby alphasteve » Fri Nov 30, 2012 7:15 pm

bigredforlaw wrote:Here's another one I came across today. What effect should the recent Akamai decision have on the single-entity rule for direct infringement? What effect should it have on inducement liability for infringement of method claims when some of the steps occurred outside of the US?

Answer: Akamai FUCKED everything up, and was a horribly written opinion.

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Hipster but Athletic
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Re: Patent Policy Questions?

Postby Hipster but Athletic » Tue Jun 03, 2014 5:58 pm

alphasteve wrote:
bigredforlaw wrote:Here's another one I came across today. What effect should the recent Akamai decision have on the single-entity rule for direct infringement? What effect should it have on inducement liability for infringement of method claims when some of the steps occurred outside of the US?

Answer: Akamai FUCKED everything up, and was a horribly written opinion.

U happy now dawg?

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gk101
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Re: Patent Policy Questions?

Postby gk101 » Tue Jun 03, 2014 6:06 pm

alphasteve wrote:
bigredforlaw wrote:Here's another one I came across today. What effect should the recent Akamai decision have on the single-entity rule for direct infringement? What effect should it have on inducement liability for infringement of method claims when some of the steps occurred outside of the US?

Answer: Akamai FUCKED everything up, and was a horribly written opinion.


So much of this. My last two days have been completely fucked because of that nonsense

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Hipster but Athletic
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Re: Patent Policy Questions?

Postby Hipster but Athletic » Tue Jun 03, 2014 6:09 pm

gk101 wrote:
alphasteve wrote:
bigredforlaw wrote:Here's another one I came across today. What effect should the recent Akamai decision have on the single-entity rule for direct infringement? What effect should it have on inducement liability for infringement of method claims when some of the steps occurred outside of the US?

Answer: Akamai FUCKED everything up, and was a horribly written opinion.


So much of this. My last two days have been completely fucked because of that nonsense

:lol: check the date. What could you possibly be talking about re scotus? Were yall really in the practice of writing split claims?

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gk101
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Re: Patent Policy Questions?

Postby gk101 » Tue Jun 03, 2014 6:12 pm

Hipster but Athletic wrote:
gk101 wrote:
alphasteve wrote:
bigredforlaw wrote:Here's another one I came across today. What effect should the recent Akamai decision have on the single-entity rule for direct infringement? What effect should it have on inducement liability for infringement of method claims when some of the steps occurred outside of the US?

Answer: Akamai FUCKED everything up, and was a horribly written opinion.


So much of this. My last two days have been completely fucked because of that nonsense

:lol: check the date. What could you possibly be talking about re scotus?


I do a lot of opinion work. Between this and the Nautilus case, I have a bunch of opinions that need to be updated to at least address these in some way. Just more work I didn't want to do

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alphasteve
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Re: Patent Policy Questions?

Postby alphasteve » Tue Jun 03, 2014 7:53 pm

Hipster but Athletic wrote:
alphasteve wrote:
bigredforlaw wrote:Here's another one I came across today. What effect should the recent Akamai decision have on the single-entity rule for direct infringement? What effect should it have on inducement liability for infringement of method claims when some of the steps occurred outside of the US?

Answer: Akamai FUCKED everything up, and was a horribly written opinion.

U happy now dawg?

LOL.. The Supreme Court kind of bitch slapped the Fed. Cir. on this opinion... I mean.. the entire thing was 11 pages, in their narrow column formatting.

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alphasteve
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Re: Patent Policy Questions?

Postby alphasteve » Tue Jun 03, 2014 7:55 pm

gk101 wrote:
I do a lot of opinion work. Between this and the Nautilus case, I have a bunch of opinions that need to be updated to at least address these in some way. Just more work I didn't want to do

Nautilus is gonna be the bitch because.. what really does this standard mean? Indefiniteness arguments were almost pointless before.. I don't know that this opinion really makes them much stronger, but it will definitely be interesting to see. NPEs are MAF right now, though.

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gk101
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Re: Patent Policy Questions?

Postby gk101 » Wed Jun 04, 2014 11:45 am

alphasteve wrote:Nautilus is gonna be the bitch because.. what really does this standard mean? Indefiniteness arguments were almost pointless before.. I don't know that this opinion really makes them much stronger, but it will definitely be interesting to see. NPEs are MAF right now, though.


that a patent’s claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty


I have no idea how this is any clearer/better than the indefiniteness standard before.

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alphasteve
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Re: Patent Policy Questions?

Postby alphasteve » Wed Jun 04, 2014 12:32 pm

gk101 wrote:
alphasteve wrote:Nautilus is gonna be the bitch because.. what really does this standard mean? Indefiniteness arguments were almost pointless before.. I don't know that this opinion really makes them much stronger, but it will definitely be interesting to see. NPEs are MAF right now, though.


that a patent’s claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty


I have no idea how this is any clearer/better than the indefiniteness standard before.

Agreed. I don't know what you argue on this as a defendant other than saying "It's clearly a more exacting standard" and other conclusory shit that tries to shift the burden to the patentee.




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