• The New Era of Antitrust Law and Policy in Standards: Embracing Evidence Based Policy-making

    On November 10, 2017, the Department of Justice’s (DOJ’s) new top antitrust enforcer, Assistant Attorney General (AAG) Makan Delrahim, delivered a powerful speech on antitrust law and policy enforcement towards intellectual property rights (IPRs). Former USPTO Director David Kappos described it as “the most important DOJ antitrust speech on IP during my decades practicing law”. … The speech clarifies that the new AAG views “any policy proposals with one-sided focus on hold-up with great…

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  • Alice and TRIPS Compliance

    I asked Prof. Daniel H. Brean for this guest post that stems from his new paper on international patent law issues titled Business Methods, Technology, and Discrimination.  Brean is an assistant professor at Akron School of Law and Of Counsel at The Webb Law Firm. – DC by Daniel H. Brean The United States is obligated under the […]

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  • Tax Reform will Harm Inventors, High Tech Start-ups

    More disturbing than the harmful effects the proposed changes would have – this signals a continuing approach toward patent rights as not being a property right, which contradicts the Patent Act and centuries of precedent. Indeed, the government’s destruction of the once great U.S. patent system is built upon a simple, yet scary philosophy: Where it matters, no one in government actually considers a patent to be a property right. If a patent is not a property right, a patent can be treated…

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  • The Patent Bargain and the Fiction of Administrative ‘Error Correction’ in Inter Partes Reviews

    In justifying the constitutionality of the inter partes review (“IPR”) statute enacted by the America Invents Act (“AIA”), a common refrain persistently asserted is that patent rights emanate solely from federal statute and are therefore public rights, derived from a “federal regulatory scheme.” Another reprise is the remedial tenor of the IPR statute: Congress merely authorized a “narrow” post-issuance means for the agency to “correct its own errors.” My paper shows that both contentions…

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  • 意見

                            目次はこちら

    意見

    –>argument, contention, comment, remarks; allegation

    (AGREE)
    $$ In the invention, only the framework of the semantic data model and the upper levels of the reference data hierarchy must be agreed in advance. / 本発明では、意味的データ・モデルのフレームワークおよび参照データ階層の上位レベルだけが、前もって意見が一致していればよい。(USP8311972): agree(意見が一致する)

    (CONSENSUS)
    $$ The update can be made immediately, no consensus across the nodes being required. / 更新は直ちに行うことができ、ノード全体での意見の一致は必要とされていない。(USP8391294): 意見の一致

    $$ There is however a growing consensus based both on patient studies and from transgenic animal models of colitis that the intestinal inflammation results from an abnormal response to non-pathogenic intestinal bacteria. / しかしながら、患者での試験および大腸炎のトランスジェニックモデルの両方の研究に基づいて、腸の炎症が非病原性腸内細菌の異常な反応に由来するとの意見の一致が増えてきている。(USP7235268): 意見の一致

    $$ There is thus certainly no consensus about the role of CRP in vivo and the predominant view is that it may be anti-inflammatory. / つまり、生体内におけるCRPの役割については確固たる意見の一致はないものの、抗炎症作用を有するであろうという意見が支配的である。(USP7615543): 意見の一致

    (OPINION)
    $$ The opinions of the experts can be backed up by instant search engine parametric data on equipment, test models and by automated analysis. / 専門家の意見は、装置、検査モデルに関する即時の検索エンジンパラメータのデータによって、及び自動分析によって、確認され得る。(USP8145966)

    (VIEW)
    $$ For example, it may be used by local authorities to announce their intentions to embark upon a new road building project, or by an electricity distribution company in order to announce a future power cut, or by a marketing arm of a company which intends to set up business in a particular area and is interested in the views of those who live there. / 例えば、地方行政機関が新しい道路の建築プロジェクトに従事する意図を公表したり、電気供給会社が将来の送電停止を公表したり、または特定の地域でビジネスを行なうことを意図しており、そこに住んでいる人々の意見に関心をもっている企業の販売部が本発明を使用することができる。(USP6912270): view

                            目次はこちら

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  • European Commission Announces Guidance On Copyright Enforcement, SEP Licensing

    The European Commission today announced plans to ratchet up the fight against counterfeiting and piracy, and to introduce more clarity in licensing standard-essential patents (SEPs). The first involves guidance on the 2004 EU directive on the enforcement of intellectual property rights (IPRED); the second recommendations for making the relationship between patent owners and technology users more “balanced and efficient.”

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  • PPAC Annual Report

    The Patent Public Advisory Committee (PPAC) has released its 2017 annual report with a set of important recommendations for the Director: USPTO should remain independent of Department of Commerce, including control of HR and IT; USPTO should be given further fee-setting authority beyond the AIA’s 2018 sunset date; USPTO should continue to modernize its legacy IT […]

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  • PTAB Chief Ruschke says Expanded Panel Decisions are Conducted in Secret

    Ruschke noted that his authority to expand the panels for PTAB trials doesn’t require him to notify the parties in the trial that the decision to expand the panel has been made. In response to questions on panel expansion, Ruschke noted that when the decision to expand the panel has been made, “the parties will find out in the decision when it issues at that point.” So decisions to expand panels are made in secret and parties in the trial only find out about panel expansion after a decision is…

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  • Predicting Oil States after Supreme Court Oral Arguments

    After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit of hearing the Q&A that took place between the Justices and the attorneys representing the petitioner, respondent and federal government. Their answers follow, and show that there is little agreement among those watching this case with respect to what the likely outcome will be.

    The post Predicting Oil States after…

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