Patently-O Bits and Bytes No. 85

  • BPAI Plummeting Reversal Rate. [LINK]
  • Accessing Patently-O: I have set up several ways to access Patently-O depending upon your preferences:
  • Obama‘s original selection for Secretary of Commerce – Bill Richardson – will not pan out. Richardson has decided to withdraw his nomination. Although we rarely see the Secretary of Commerce directly shaping USPTO policy, the Office is still part of the Department of Commerce and the USPTO Director reports directly to the Secretary of Commerce. The greatest impact of the Secretary of Commerce may be on the selection of high-level PTO officials (including the Director).
  • The Patent Troll Tracker debacle made the ABA Journal’s list of the top ten legal stories of 2008. (The only IP related issue to make the list). [Link]
  • Patently-O Jobs:
    • Microsoft (Redmond, WA) needs a patent portfolio manager (at least 5 years exp.) [LINK]
    • Google (Mountain View, CA) needs an IP litigation counsel (at least 3 years exp.) [LINK]
    • Amin Hallihan (Chicago) focuses on IP & FDA issues. The firm is looking one or more experienced patent attorneys to join their ranks. [LINK]
  • Phama Law: Pozen’s migraine drug (Treximet) is special because it combines two types of migraine treatments into one pill: naproxen sodium (Aleve) and sumatriptan (Imitrex). Alphapharm (Mylan) filed an abbreviated new drug application (ANDA) to begin marketing a generic version of the drug – arguing that the patent is invalid. On January 2, Pozen sued Alphapharm for infringement in the Eastern District of Texas. Claim 1 of the asserted patent reads as follows:
    • 1. In a method for treating a migraine patient by administering a 5-HT agonist [Imitrex], the improvement which comprises: concomitantly administering to said patient a long-acting, non-steroidal, anti-inflammatory drug (LA-NSAID) [Aleve] in an amount that, together with said 5-HT agonist, is effective to reduce migraine relapse or produce longer lasting efficacy compared to the administration of said 5-HT agonist in the absence of said LA-NSAID.

27 thoughts on “Patently-O Bits and Bytes No. 85

  1. 27

    Imitrex is a prescription medication indicated for the acute treatment of migraine in adults. Imitrex should only be used when a clear diagnosis of migraine has been established. Patients should not take Imitrex if they have certain types of heart disease, history of stroke or TIAs, peripheral vascular disease, Raynaud syndrome, or blood pressure that is uncontrolled.


  2. 25

    Posted by: Just an ordinary inventor(TM) | Jan 06, 2009 at 10:28 AM

    I do not agree that what CISCO did was dishonest, dirty, fraudulent, underhanded, disreputable, etc.

    You simply cannot attribute PTT’s activities to Cisco if Cisco is UNAWARE of the activities. That makes no logical sense. It’s like saying JAOI supports patent trolls because JAOI is unaware that he’s plugging their position that the current patent system works. Does that make logical sense?

    I’ll second Humorless Democrat. PTT did not appear to put up false *facts*. PTT just spun them in a way you don’t like.

  3. 23

    Mr Beem, interesting comments. My perception is that it is more frequently Americans than aliens who are doubting the USPTO. America still retains the trust of alien Applicants, that at least at the US Patent Office, the nationality of the Applicant doesn’t matter. But what’s all this about JP, CN, KR and DE getting their patent law from the USA? News to me. JP, CN and KR got theirs from DE, no?

  4. 22

    The biggest issue facing the new, soon-to-be-named and appointed Under Secretary for IP and Director of the Patent Office is to make sure that meritorious patent applications are granted. Public backlash against grant and enforcement of patents on “dumb” inventions has led the Patent Office to reject almost all patent claims in a first office action, requiring the inventor/company to respond, at considerable legal expense, only to receive a final rejection. Further prosecution or appeal (backlog and statistically unpromising) requires payment of additional Patent Office fees and legal fees and results in delays of years. The result of current Patent Office practice is that the U.S. patent system is becoming less effective in its Constitutional mission of promoting the progress of the “useful arts.” In an ironic twist, other countries, including Japan, China, Korea, and Germany, which have modeled their own patent systems after the historically successful U.S. system, are asking whether their countries’ inventors, not to mention U.S. inventors, will receive fair patent protection in the U.S. The solution is for the new Director to encourage examiners to grant meritorious patents quickly and at a reasonable cost to the inventor/company.

  5. 21

    Dear Just a voter,

    Thank you for your comment. However, I’m sure we can all agree that what Cisco did was dishonest, dirty, fraudulent, underhanded, disreputable, etc.

    You are aware, are you not?, that Cisco’s and its Coalition cartel’s agenda is to destroy the value of patents owned by self-employed independent inventors and other patent owners, and that our use-to-be-strong American patent system is in a shambles.


  6. 20

    Posted by: Just an ordinary inventor(TM) | Jan 06, 2009 at 09:22 AM

    JAOI, if Cisco GC Mark Chandler was unaware that he was plugging another Cisco employee’s blog, then how can there be a conspiracy or cartel? If two people at a company agree on something, does that mean it’s the company’s position? That’s like saying because two people at my law firm were for Prop 8 in California, my 1500-lawyer firm was for Prop 8 in California. The reasoning is bad.

  7. 19

    Dear Just a Humorless Democrat(TM),

    I realize there are two sides to the Inventor v Infringer Pirate contest, and that you and I are apparently live in opposite camps.
    I present my opinions strongly, and I appreciate that you took my diatribe last night in a light hearted way without being too offended– I risk offending to emphasis my beliefs and get attention for this critical debate.

    Here is a link– you may recall Cisco General Counsel Mark Chandler’s part in this debacle:
    link to
    “Cisco General Counsel Mark Chandler even cited the blog as a good independent source of information while in Washington lobbying for changes to patent law that would rein in trolls, unaware he was plugging the work of a Cisco employee.”

    If you are not deeply offended by being hoodwinked by the shenanigans of Cisco’s lawyers and their greedy Coalition Cartel Conspiracy propagande to bring down the American Patent System, then you indeed have a thick skin and ought to wake up and smell the coffee.

    * * * * *
    Merriam Webster:
    Main Entry: car•tel
    Pronunciation: kär-‘tel
    Function: noun
    Etymology: French, letter of defiance, from Old Italian cartello, literally, placard, from carta leaf of paper — more at CARD
    Date: 1692
    1 : a written agreement between belligerent nations
    2 : a combination of independent commercial or industrial enterprises designed to limit competition or fix prices
    3 : a combination of political groups for common action

  8. 17

    JAOI, your ability to judge character based on a single view set forth on patently-o is uncanny. You got me – I am a 100% certified, bona fide a$$. Hear me bray.

    ‘Course, I’m still waiting for someone to point out where TT’s *facts* were wrong. Show me where he connected the dots incorrectly.

    Are you sure you’re not just sore b/c TT’s posts were way more entertaining than your rants will ever be?

  9. 16

    Dear Humorless Democrat,

    For your edification, here are some excerpts from Cisco’s official website right after the Troll Tracker debacle broke:

    “Because you are legally responsible for your postings, you may be subject to liability if your posts are found defamatory, harassing, or in violation of any other applicable law.” {Cisco addressed this to its employees}

    “However, given that Rick worked on intellectual property matters for Cisco, Rick’s relationship to Cisco should have been made clear and Cisco takes responsibility for the content of the blog.
    2. We believe that a few Cisco employees used poor judgment when they suggested topics to Rick for his anonymous blog or pointed third parties to the blog without disclosing that the content was created by a Cisco employee. These are not appropriate communications activities for Cisco employees and are inconsistent with our values and principles.

    We believe we have learned a valuable lesson from this regrettable situation.”

    Incidentally, these official Cisco statements were not signed.

  10. 15

    Who Are You Going to Blame for the huge problems our IP industry faces today?

    Our industry has been hijacked by the Coalition for Patent Fairness conspiracy comprised Cisco and there ilk who would dummy-down the U.S. Patents system.

    Isn’t it apparent that the Coalition for Patent Fairness has been Lobbying for many years both openly and covertly so loudly as to be heard by the main stream Media, little tributary Media and by We the American People, as well as the PTO management team including its most impressionable dimwits, gullible dishonest Congressmen on the take, by Judges across the Land and in Washington’s use-to-be patent-friendly patent-savvy Federal Circuit Court of Appeals, and by our Honorable Supreme Court Justices who, as Boston Legal’s Alan Shore’s stunning lambasting thereof put it so well, “You folks aren’t as hot as all get out” — to violate the Constitution mostly unwittingly, but wittingly as well.

    It seems our government’s three branches “don’t give adamn for our greenbackin’ dollar” (lyrics by the Kingston Trio) any more than they do for one of the most stunning achievements of our Founding Fathers, The United States Constitution — we went off the gold standard and now are mostly off the Constitutional standard. And our patent system is in shambles. I sympathize with the many professional dedicated Examiners who have to deal with asswhole management day in and day out.

  11. 14

    Dear Humorless Democrat,

    Please pull your head out of your ass. Troll tracker was a disgraceful “debacle” — an illegal propaganda machine.

    Re: “If someone can show me where the TT missed on his facts, please do. I sorely miss that blog.”

    The fact that it presented itself as a neutral IP news source was a boldface falsehood. And asses like you bought it hook line and stinker. Its only purpose was to advance Cisco et als. anti-American patent agenda.

    Please pull your head out of your ass.

  12. 13

    Troll tracker “debacle”? The only debacle-like feature of that story was Niro’s thin-skinned response. If someone can show me where the TT missed on his facts, please do. I sorely miss that blog.

  13. 12

    I never realized just how many who comment at Patently-O practice in the pharmaceutical arts. What else would explain proclamations of “obviousness”, “dung”, “worthless, know-nothing”, etc.

    It is reassuring to note that collegiality and professional respect have not fallen by the wayside.

  14. 11

    Although the facts are undoubtedly different, this reminds me of a then relatively uncommon decision by the CAFC several years ago [long before KSR] in which the CAFC shot down a patent on 103 grounds on an appeal [by Don Dunner] that had been held not proven invalid below. It was a patent for combining two known laxatives into a single pill.

  15. 9

    Bleeding Pen,

    Bill Richardson is withdrawing because of some apparently suspicious contract awards in NM. There is every possibility he had zero involvement if true, although it would likely be someone who served under him. Bill is doing the noble thing by stepping aside so as not to hamper the Obama administration.

  16. 8

    I can’t believe that Google job is still up. Seems like it would attract a ton of IP midlevels.

  17. 5

    “That is the most obvious piece of dung I’ve ever read.”

    As a prima facie case, it is right up there with the worst. But I’m sure there’s all sorts of secondary factors that will prove to anyone how non-obvious it was combine those two known drugs in that specifically claimed ratio which yields unexpected benefits … oh wait. The claim just recites “effective.”

    My money is on Alphapharm.

  18. 3

    Does Richardson’s withdrawal mean that the current politicos at the USPTO will stay longer than 1-20-09? Please say it ain’t so! 🙁

  19. 1

    “In a method for treating a migraine patient by administering ….”

    That is the most obvious piece of dung I’ve ever read. These worthless, know-nothing pharma attorneys do nothing except extort money from both their clients and from other companies.

    Sorry … I was just channeling MM … yeck, I think I need to take a shower.

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