- Nineteen new jobs have been posted to the Patently-O Job board in the past two weeks, including positions at MedImmune; Medtronic; Apple; the USPTO; Ventana Medical Systems; L’Oréal; Frost Brown Todd; Wenderoth, Lind & Ponack; Morgan Lewis; Michaud-Kinney; Marjama Muldoon; Roberts Mlotkowski Safran & Cole; Infinity Pharmaceuticals; HP; Gen-Probe; and a Telecom Software Startup in Silicon Valley.
- This weekend, I watched the Facebook movie “The Social Network.” IP Law 360 is reporting that Quinn Emanuel should receive its $13 million in fees based on the $65 million settlement that Facebook reached with Tyler and Cameron Winklevoss and Divya Narendra. The trio is challenging some elements of the settlement and had argued that Quinn's fees should be delayed until their dispute with facebook is fully resolved.
- In other Facebook news, the company has sued several companies for infringing its patents. The lawsuit is a retaliatory action against companies that previously sued Facebook for infringement.
Many people bike to work all year round! Not to say that it is easy – it takes a lot of commitment but it is absolutely possible. Check out “-40C” a short film by Paul Davis that documents his commute it’s a fun example of someone pedalling in the extreme.
Yeah looking at his data it’s pretty clear that he’s probably comparing apples to oranges. He’s all federal salaries are including a huge share of people living and working in DC and other big cities with high costs of living. On the other hand, engineers and scientists etc aren’t so concentrated. And then And I think his data is probably off by a bit for my profession in the private sector. By 10k or more.
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Business Company
Does one of the critical questions then become whether or not Applied Materials and HP knew or should have known (as opposed to [and/or in addition to] Facebook knowing [or should have]) of the infringement (6 or more years ago?)?
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Flash of Genius was a great show. Loved it.
Winston–Interesting; thanks. What difference do you suppose the fact that Facebook is asserting patents they only just acquired (a few months ago) figure in what you’re saying?
Does one of the critical questions then become whether or not Applied Materials and HP knew or should have known (as opposed to [and/or in addition to] Facebook knowing [or should have]) of the infringement (6 or more years ago?)?
Would AM & HP have had to assert infringement since it’s far beyond the 6 years; precluding Facebook from doing so now?
Especially since Phoenix has presumably been practicing these inventions for more than 6 years?
Wonder if any courts have ever addressed these “does laches/estoppel attach/remain attached to (very recently)acquired yet old/over 6 years old patents” questions … especially where the infringing action/s have themselves been practiced for over 6 years.
I think FB’s got a real problem here assuming the Phoenix legal team argues this.
Laches is a rebuttable presumption. If the party subject to the presumption can show lack of undue delay or lack of prejudice then they can still prevail.
The clock also starts when the patent holder knew, or should have known through reasonable inquiry, of the infringing behavior. If facebook (or Phoenix) didn’t start their infringing behavior until more recently, or their infringement wasn’t obvious, the clock may not have started until later.
Also, even if both parties are within the 6 year window, they can still assert laches and prove undue delay and prejudice. The 6 year mark only governs the presumption.
Hmmmm … Facebook is utilizing two patents they purchased from others; one from Applied Materials (6,199,157) and one from HP (6,314,458) to fight back against what appears to actually be one operating company: Phoenix Media.
Yet; with respective issue dates of 03/06/2001 and 11/06/2001; wouldn’t laches/estoppel (assuming it’s argued) likely stop this counter-attack dead in its tracks; since this would be over 9 years that Facebook hasn’t asserted them?
Does the laches/estoppel clock “reset” when a patent changes hands like this? If yes, says who?
And if yes, what would stop one company division or entity from “selling” or “transferring” their patent to another division or entity for the purpose of obtaining such a clock reset?
And then what about Phoenix?
Does theirs; with a 06/26/2001 issued-date; present the same problem (even if Facebook wasn’t “born” until 2004?)?
Hmmmm …
“These salary figures do not include the value of health, pension and other benefits, which averaged $40,785 per federal employee in 2008 vs. $9,882 per private worker, according to the Bureau of Economic Analysis.”
Most private workers in this country have incredibly shxtty benefits. Didn’t we know that already? God bless America! Keep concentrating the wealth!
. And then And I think his data is probably off by a bit for my profession in the private sector. By 10k or more.
Lulz – a still-wet-behind-the-ears patent examiner who can’t do the LSAT logic puzzles has a better view of national salary statistics from his cubicle in the bowels of the Patent Office than a reporter who actually collected and analyzed data.
Yeah looking at his data it’s pretty clear that he’s probably comparing apples to oranges. He’s all federal salaries are including a huge share of people living and working in DC and other big cities with high costs of living. On the other hand, engineers and scientists etc aren’t so concentrated. And then And I think his data is probably off by a bit for my profession in the private sector. By 10k or more.
“health, pension and other benefits, which averaged $40,785”
Lulz I doubt if my “benefits” are worth something in the neighborhood of 40k.
If they are it’s because of the insane prices here in DC.
The one thing we do have going for us is that the office will match a lot of $$$ we put into retirement savings accounts.
The health isn’t bad, we have to pick a provider and pay a bit ourselves. I have the cheapest option atm. Or almost the cheapest anyway. Still haven’t used that insurance.
“”Federal workers make substantially more than private workers, not less, in addition to having a large advantage in benefits.””
Lulz, idk about that.
If you factored in all the OT some examiners work then they’re probably making bank. If I was in an AU that was conducive to that I might would do it myself.
compare federal and private salaries for different types of engineers
link to usatoday.com
“These salary figures do not include the value of health, pension and other benefits, which averaged $40,785 per federal employee in 2008 vs. $9,882 per private worker, according to the Bureau of Economic Analysis.”
Television was invented by John Logie Baird, not Philo Farnsworth.
+1 on Flash of Genius
Or the Farnsworth Invention, also written by Sorkin.
link to farnsworthonbroadway.com
You got that right, David.
Flash of Genius was a great movie; one everyone even remotely connected to the patent/IP world should watch and own.
Actually, if you want a gripping tale of patent law check out Flash of Genius
link to imdb.com
It was one of the most underrated films on 2008, grossing
just under $4 million with an estimated budget of $20 million.
The least you can do as a patent practitioner is check it out!
” The lawsuit is a retaliatory action against companies that previously sued Facebook for infringement. ”
That’s a bear you don’t want to wake.
… and speaking of Mr. Cage:
link to latimes.com
I didn’t see the movie, but what possible grounds would there be to sue Zuckerberg for stealing their invention? Social networks existed long before Facebook’s founding in 2004 (e.g., friendster, Hi5, etc.) so what was the stolen invention? Anyone read the actual complaint?
I, for one, have been eagerly awaiting a gripping tale of patent examination on the silver screen. Jerry Bruckheimer, are you listening?
Speaking of which, whatever happened to that bizarre “Nicholas Cage’s character infringed our patent in the movie” lawsuit?
Inviting Body Punches, are you out there? Can you tell me: were the plaintiffs disbarred?
critic: I, for one, have been eagerly awaiting a gripping tale of patent examination on the silver screen. Jerry Bruckheimer, are you listening?
Dennis – Zuckerberg’s line in the movie “If you were the inventers of Facebook, then you would have invented Facebook” left me, as a patent attorney, hoping for a long scene discussing section 102(f) and the differences in conception vs. reduction to practice.
Unfortunately for me, but fortunately for its gross receipts, the movie did not go there.
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