Patently-O Bits & Bytes by Lawrence Higgins

2012 Student Writing Competition

  • The Virginia State Bar Intellectual Property Section is seeking papers written by law students who are attending law school in Virginia or are residents of Virginia attending law school outside of Virginia and relating to an intellectual property law issue or the practice of intellectual property law. The winner receives a cash prize of $4,000. The judge of the final round of the competitor is the Honorable Richard Linn, judge of the U.S. Court of Appeals for the Federal Circuit. The deadline for submissions is Friday, May 25, 2012 at 4:00 EDT. [Link]

New IP Message Board

  • is a new intellectual property law message board for the discussion of patents, trademarks, copyrights, trade secrets, and IP careers. It promises no spam, no downtime, and sensible moderation. [Link]

Intel buys IP for 120 million

  • Intel recently acquired about 190 patents, 170 patent applications, and video codec software from RealNetworks for 120 million dollars. Intel states that, the acquisition will enhance their ability to continue to offer richer experiences and innovative solutions to end users across a wide spectrum of devices, including through Ultrabook devices, smartphones and digital media. [Link]

Next Patent Office Location

  • Many cities would like to be the next location of USPTO's next satellite office, including Austin, Texas, Denver, Boston, Silicon Valley and now Las Vegas. It seems that the USPTO has set a deadline for groups and individuals to submit written pitches for why their cities should get a satellite office. The patent office, in soliciting proposals, listed five areas that would play a large role in the selection. Those areas included improved recruiting and retention of examiners that would hinge on factors such as cost of living and number of attorneys in the field, contributions toward speeding and improving the process, and access to innovators as judged by measures such as the number of patents already held by residents in the area. Senator Majority Leader Harry Reid and others will draft their letter to the USPTO, explaining the advantages of Las Vegas. [Link]

Patent Jobs:

  • Nelson Mullins is searching for 1 or more new or lateral associates with a background in CS or EE to work at their Boston office. [Link]
  • Verenium is looking for a patent agent with a BS in molecular biology or biochemistry and a minimum of 5 years of experience to work at their San Diego location. [Link]
  • Vista-IP-Law-Groups is seeking a patent attorney with a background in ME or EE and at least 2 years of experience to work at their San Jose office. [Link]
  • Sterne, Kessler, Goldstein & Fox is seeking electrical IP attorneys with 1-4 years of experience to work at their Washington, DC office. [Link]
  • International IP Law Group is searching for an associate, Of Counsel to prepare and prosecute patent applications at their Houston office. [Link]
  • International IP Law Group is looking for a patent engineer/agent with 2-3 years of technical experience to work at their Houston office. [Link]
  • Microsoft is seeking a patent attorney with a BS in CS or EE and at least 5 years of experience to work in their Redmond, Washington location. [Link]
  • Toler Law Group is searching for patent attorneys with a BS in EE or CS and 0-2 years of experience to work in their Austin, Texas office. [Link]
  • Kilyk & Bowersox is looking for a biochem/chem patent agent with at least 4 years of experience to work in their Warrenton, Virginia office. [Link]
  • The Webb Law Firm is seeking an associate with a BS in chemistry or chemical engineering and at least 3 years of experience as an IP attorney to work at their Pittsburgh office. [Link]
  • Klarquist Sparkman is searching for lateral litigation associates with 1-2 years of experience to work in their Portland office. [Link]
  • Klarquist Sparkman is seeking a patent attorney or patent agent with an advanced degree in organic chemistry and 3+ years of experience to work in their Portland office. [Link]
  • Roberts Mlotkowski Safran & Cole is searching for a patent attorney with 2-4 years of experience and a degree in EE to work at their McLean, Virginia office. [Link]

Upcoming Events:

  • The Synopsis under IP/Patents Telecom Sourcing (SUITS) Conference will take place January 31-February 3 in Miami, Florida. The SUITS Conference was launched to advance the knowledge innovators of telecommunications including developers, implementers, licenses, licensors, end users, carriers and enterprise patents. Guest speakers include: Jeffery Dalton, Christopher Douglas, Loren Pearson, Keith Bergelt, Todd Juneau, Michael Rouleau and many others. [Link]
  • The American Conference Institute (ACI) The Comprehensive Guide to Patent Reform For Life Science Companies, conference is scheduled for January 31- February 1 in New York. (Patently-O readers register with PO 200 for a discount). [Link]
  • AIPLA webinar, Selecting the Right Expert to Put on (or Poke Holes in) a Patentee's Case, will be held on February 1. The webinar will focus on the process of selecting a damage expert, recent cases that may influence the decision and some of the ways that a damage expert can assist with evaluating poking holes in the opposing expert's analysis. The webinar will be presented by Gillian Thackray and Philip Green. [Link]
  • The DC Bar's IP Section will host an event, Section 337 IP Investigations at the ITC: Lessons for District Court Practitioners, on February 2. The event will discuss what practitioners need to know before appearing at the ITC. Speakers include ITC Commissioner Shara Aranoff, ITC Judges Theodore Essex and Robert Rogers, Jr., Attorney Advisor to Commissioner Michael Diehl, Christine Lehman, Marcia Sundeen, Maureen Browne, and Jaime Underwood. [Link]
  • The Intellectual Property Law Section of the Utah State Bar is hosting its annual IP Summit in Salt Lake City, Utah, on February 17, 2012, at the Little America Hotel. This full day event includes two tracks of topics in various areas of IP law, lunch, and a networking reception. Confirmed speakers include Ted McAleer, Executive Director of USTAR; Robin Zhao, Jeekai & Partners; Hon. Dee V Benson, US Dist. Ct for the Dist. of Utah; Hon. Ted Stewart, US Dist. Ct for the Dist. of Utah; Hon. Virginia Kendall, US Dist. Ct for Northern Dist. of Illinois; Paul Marchegiani, NBC; Howard Michael, Brinks Hofer Gilson & Lione; Jeff Gee, Symantec; and Richard Chang, ICON. [Link]
  • The 7th Annual Conference on EU Pharma Law & Regulation will be held on February 22-23 on London. The conference will bring together eminent in-house counsel from the world's largest pharma and biotech companies, top legal practitioners and regulatory experts in an outstanding speaker panel. (Patently-O readers register with PO 10 for a discount). [Link]
  • LES (USA & Canada) 2012 Winter Meeting will be held March 12-14 in Anaheim, CA. The meeting will focus on cutting-edge issues in the high tech space with overlapping content in related industries, including clean tech, nanotech, and medical devices. Featured speakers include Honorable Randall Rader, Chief Judge, U.S. Court of Appeals for the Federal Circuit; Catherine Casserly, CEO, Creative Commons; and Patrick Ennis, Head of Global Technology, Intellectual Ventures. Save $100 before January 31. [Link]
  • C5's 22 Forum on Biotech Patenting conference will take place March 14-15 in Munich, Germany. The conference brings together experienced in-house counsel from both innovator and generic pharma and biotech companies and their expert legal advisors from various jurisdictions across the globe. Session will cover the patentability of gene sequence patents in Europe and the US, current developments on biotech products and patent considerations for bio-deposits, and many other sessions. (Patently-O readers register with PO 10 for a discount). [Link]
  • American Conference Institute's FDA Boot Camp conference is scheduled for March 20-21 in New York, NY. ACI's FDA Boot Camp has been designed to give products or patent litigators, as well as patent prosecutors, industry in-house counsel, and life sciences investment and securities experts, a strong working knowledge of core FDA competencies. (Patently-O readers register with PO 200 for a discount). [Link]
  • American Conference Institute's PTO Procedures Under the America Invents Act conference is scheduled for March 26-27 in New York, NY. This conference will serve as a practical and tactical guide for PTO practice post-Patent Reform. (Patently-O readers register with PO 200 for a discount). [Link]

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28 thoughts on “Patently-O Bits & Bytes by Lawrence Higgins

  1. 27

    In a new study, neuroscientists connected a network of electrodes to the hearing centers of 15 patients’ brains (image above) and recorded the brain activity while they listened to words like “jazz” or “Waldo.” They saw that each word generated its own unique pattern in the brain. So they developed two different computer programs that could reconstruct the words a patient heard just by analyzing his or her brain activity. Reconstructions from the better of the two programs (the third sound in the audio; the first sound is the word the subjects heard, and the second is the other computer program’s reconstruction) were good enough that the researchers could accurately decipher the mystery word 80% to 90% percent of the time. Because there’s evidence that the words we hear and the words we recall or imagine trigger similar brain processes, the study, published online today in PLoS Biology, suggests scientists may one day be able to tune in to the words you’re thinking—a potential boon for patients who are unable to speak due to Lou Gehrig’s disease or other conditions.

    This is great news for Prometheus!

    And I wonder if such technology could be used to input data into a computer? Nah. That would be too complicated for a computer.

  2. 26

    With the inception of the internet law enforcement agencies have discovered several ways to usurp current legal restrictions when seeking an indictment, and unfortunately in this legal atmosphere we our rights have not been adequately updated to fit today’s current status quo.

  3. 25


    You might read again the constitution (and also note that we broke away from the Anglo tradition – outs is a mix of the French and Anglo – unlike either.

    And don’t get me started on Berne…

  4. 24

    I gotta point out that you’re making a mistake on the rational confusing recent developments and our importation of French ideas via GATT and TRIPS with Anglo copyright traditions.

    The French believed in inherit copyright stemming from the creators efforts and creativity. In the Anglo sphere it was all about printer protection. The entire point of the stationers guild was their monopoly on printing works. The US took the traditional notions in their copyright as well which is why we required formalities and payments until we joined Bern.

    The US only changed because of international pressure and domestic companies lobbying to adapt to international norms so we could get our works protected overseas.

    Those older 14 and 28 year terms were designed based on apprenticeship cycles

  5. 23

    The problem Malcolm, is that you provide nothing of substance above the (more than) occasional expletive.

    I think” – well, there’s your problem – right at the start.

    “Deserving” commenters..? Seriously? You have way too high an opinion of yourself. Your posts are the worst form of cancerous muckraking – only good for what they do not have.

  6. 22

    And when the court told me to pay the Fine so I could file again… I DID pay the Fine? So when I did they told me as they were doing it that it was recorded as paid in Memphis if I recall? So why am I being told I didn’t pay it? No problem that too will be straightened out.
    So that must mean Memphis knew that it was paid… Now who pray tell in Memphis could have done such a thing to me?

  7. 21

    By the way BUB, I found those emails. You the ones…You are evil. You tell me to get lost. your Secretary hangs up on me. And you still file it anyway?
    And then you wait until the Statute. And on top of that what you did to get it done is AMAZZZZZZZZZIIIIIIINNNNNNNGGGGGGGGGG! But there will be no grace!

  8. 19

    Add this to the reasons why you cower at the suggestion of a blog that offers some “sensible moderation.”

    I think it’s safe to say that any blog that elevates [whatever the eff you think you contribute] above the occasional expletive is a blog that doesn’t deserve any commenters. Let’s see what happens. I have a prediction about what will happen. Do you want to hear it, sockie?

  9. 18

    It is indeed you that writes like a 7th grader, sockie.

    Shall I write like a third grader then, in order to reach you?

    From one steeped in expletives, sexxual references (who can forget the Reagan comment) and other “highbrow” linguistics, you, Malcolm, are the very last person who should be commenting on another’s grade level in writing.

    Add this to the reasons why you cower at the suggestion of a blog that offers some “sensible moderation.”

  10. 16

    I understand it pretty well. Probably better than you do

    6, this is doubtful – with you understanding better than most anyone – and firmly places you in the same ballpark as the infamous Michael R. Thomas. What you want intellectual property law to be, and what it is have nothing in common.

    There is nothing in copyright rationale that hinges on the level of cost to produce in order to earn protection. Protection under the copyright regime is more based on creativity – and if that creativity has zero production cost (outside of the creator’s mental efforts), then so be it.

    Just because the patent world is infected with a notion of “Sport of Kings,” does not mean that all intelelctual property is so (and yes, I use the phrase “intelledctual property” on purpose, in spite of – no, because of – your misunderstanding of what that phrase entails.

    It is indeed you that needs to be recalibrated and not the rest of the system – and the rest of the world (even as the rest of the world may differ from the US application of intellectual property law). What you consider lawlol, and what you consider being a “smarty” mnost recognize as being lost in the weeds.

  11. 15

    I think I’ll be the Cannon,
    You can be the shoe,
    I’ll shoot you full of holes.
    You’re into Doggie Doo.

    I’ll win again with Boardwalk,
    and then take Park Place too.
    Monopoly Monopoly,
    You’ll get your Justice DOO.

  12. 14

    Too much TV rots the brain.
    Not enough sleep will do the same.
    Round and round a bang on the head,
    just some confusion, don’t mean I’m dead.

  13. 12

    “You so do not understand copyright.”

    I understand it pretty well. Probably better than you do. Which is why I can comfortably predict that by the time of my death it will be nothing but a memory of a bad dream this country had when I was little.

    “It’s an expression, and the fact that you ask as you do proves its own point.”

    Being a smarty pants doesn’t mean jack, except that I’m a smarty.

  14. 11

    Copyright is not needed to spur works of this caliber.

    You so do not understand copyright.

    What is it you think I wanna be?

    It’s an expression, and the fact that you ask as you do proves its own point.

  15. 9

    Aside from the fact that you are such a wanna-be, what is the relevance of your post?

  16. 6

    I know this may have nothing to do with anything. But I went to the Library to copy some very important stuff, and the woman there who I have only seen twice, said oh you want to FAX again. I am having trouble with the Fax.
    Wow I said you FAX! I only copy here. I didn’t know that. Here I have been going everywhere and you are telling me you FAX? Then she said aren’t you Ms. White? Then she said she faxes all the time, I said no. Then she said you look just like her. I have a Twin in Decaturville. Just a story, but it was dododododddooodddooo worth mentioning.

  17. 3

    Why is it Malcolm, that you, this site’s biggest crybaby, you are always in a hurry to kick someone else off the site or call for a curtailment on views (or law) that you don’t like, and yet, when a site offers some “sensible moderation” (like or Gene Quinn’s IPWatchdog), you cower in fright and lash out?

    Could it be that you have nothing of substance to say? That you are afraid of not being able to post in a constructive manner? Or is it that you just don’t know how to hold a civil, intelligent conversation?

    My guess would be all three.

  18. 2

    It’s your fantasy world, sockie! I’m sure they can use more referees, though, especially when it comes to pointing out “what the law is.” Congratulations to you on your new job.

  19. 1

    Congrats Robert KS – a spam and flame free forum where courtesy is expected.

    What you may not see in quantity, I trust will be made up for in quality.

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