Nothing happening at the OED.

Ethics

The OED publishes its public decisions in the “FOIA Reading Room,” here.  Although I’m sure you look there regularly, in case you miss a day I check every week or so for new cases.

There hasn’t been one since the end of December.

A two month ‘gap’ hasn’t happened since August-October 2012.

So, you all must be being more ethical?  I hope so. But it also probably has something to do with the switch from Director Moatz to Director Covey.

But I’ve been an expert for the OED, and I’ve been an expert against it, and I’ve represented lawyers against it, and I’ll tell you: stay away from the OED.  I refer to it as a gila monster: slow moving and sorta cute, but once it bites it hangs on.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

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2 thoughts on “Nothing happening at the OED.”

  1. 2

    Thanks! Yes, I don’t read a lot into it (there’s not a lot of data, anyhow), but there’s definitely a downward trend, though I know there’s still plenty going on up there. I’m giving a talk with Covey later this year and will be curious what the stats are then.

  2. 1

    I would not read too much into the absence of published decisions in the last two months. The OED is plenty busy with 16 staff attorneys working against a one-year statute of limitations. It is also not uncommon for the Office to publish a bulk of cases in a short time frame, as it did in December 2014. The decisions that are mainly posted are settlements and reciprocal discipline matters, all of which come from the USPTO Director not the OED Director.

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