USPTO Director Michelle Lee has announced her resignation — noting that “It has been the professional experience of a lifetime [and] a true privilege serving our country by supporting what I believe to be some of America’s greatest heroes—our inventors and entrepreneurs.” The resignation appears to be effective immediately. Prior to joining the USPTO, Lee was chief patent counsel for Google, and I expect that Lee will return to high-level industry position.
Lee will be known as a stabilizing force – managing the agency during these tumultuous post-AIA and post-ALICE years. Although critics suggest that she is not sufficiently pro-patent-property-rights, the PTO has continued to issue a record-number of patents each year. Although the timing is a surprise, Lee was an Obama appointee and the departure itself is not a surprise.
There has been no word from the White House or Commerce Department on a successor. It is unclear to me at this point whether Tony Scardino (current acting deputy director) or Drew Hirshfeld (current Commissioner of Patents) will be tapped as Acting Director.
This should’ve been nixed under “Alice:”
U.S. Pat. No. 6,285,999
Wow – take something well known in the art (ranking the importance of a publication by the number of citations it gets) and implement it on a computer. Absolutely no different than the hedging system in “Alice.”
I won’t miss Michelle Lee at all.
That Patent was granted in 2001, from an application having a priority date in 1997, well before both Alice and Ms. Lee.
Hey Dennis –
You get a mention is this article about the resignation:
link to latimes.com
Interesting. “It was not until early March that the patent office clarified that Lee was indeed continuing as the agency’s director, sending a letter to University of Missouri law professor Dennis Crouch to confirm her role.”
The “Tr011” propaganda is still being spread…
From that LA Times Article:
“Lee took control of the patent office at a crucial time for the technology industry. Tech companies were awash in frivolous lawsuits, many involving software patents, filed by patent trolls – companies that control intellectual property but derive much of their income from legal action rather than manufacturing goods.”
Interestingly the article also notes:
“Although Lee served through the end of Obama’s tenure, her status come into question after President Trump was sworn in. For weeks, the patent office declined to say whether Lee was still its director,even though Lee appeared to bid staff goodbye at an event in January.”
I do not recall any such “bidding staff goodbye at an event”….
On January 12 there was a Farewell and “Final Meet and Greet” for Director Lee in the public area of the PTO headquarters.
So they want to reference a PRE-inauguration day event…?
That makes even less sense….
“Tr011” propaganda
Otherwise known as incontrovertible facts that only a tiny tiny tiny handful of greedy entitled t0 0ls pretend don’t exist.
Keep the laughs coming, “anon.”
“Otherwise known as incontrovertible facts”
No, that is not what the propaganda is otherwise known as.
It is amazing that the troll propaganda shows up in the articles about Lee.
I see the esteemed Professor is to afraid of one comment from an actual inventor, to reach to tender eyes and minds of this pirate-sycophants’ blog.
For the real read, one will have to peruse recent comment entries over at that other ‘Q’ blog.
Unless the reader is too cowardly to face a dissenting opinion – but then, if it is truly unfounded, then it should be very easy to refute…so, what’s Prof. C so afraid of?
Compare the case decisions predictions track record on the Q blog.
Do you have a link to this, or this an attempted swipe at something (or someone)?
I would also note that predicting what the Court will do should not be confused with predicting what the Court should do.
That would be to confuse the larger issue that the scoreboard is broken with the mindlessness of just pointing to that same broken scoreboard.
I could not agree more with “predicting what the Court will do should not be confused with predicting what the Court should do.” Unfortunately far too many comments on both blogs, and some articles posted on the Q blog, fail distinguish between the two, and thus mislead the public. Because the former may be important for rational decision-making and the latter is typically mere personal opinions.
Pardon potential (re)post…
Your sense of “mislead the public” is notoriously b1ased, oh head cheerleader of the IPR.
This discussion amounts to little more than speculation as to where the best positions for deck chairs on the Titanic, might be.
The IP pirates’ interests have won so handsomely in the U.S., that in their zeal to steal anything actual inventors can create, the house got burned down; and the keys to the store, handed to China.
All you corrupt communistic (” ‘YOU’ didn’t invent that. The ‘COMMUNITY’ would eventually have, anyway”) sycophants will eventually slither away into your rat-holes, made fabulously comfortable by the IP and SV pirates’ thirty pieces of silver, for each of you. Ok – for the above-and-beyond job done by Ms. Lee – that might be 300 pieces from AlphaGoog’s $86B warchest (“Goood girl!!”).
In the future, your children and descendants will be ordered around by robots controlled in Chinese Mandarin. Those of us actually able to provide a better and different path, DO NOT deserve to go down with the rest of you idiotic fools.
Unfortunately, the infringers’ Ahab-like obsession with destroying inventors, has succeeded most impressively; and it is much more likely that we’ll all become drowned in the coming maelstrom, like the Pequod (modeled after the real-life Essex).
Ayn Rand has reserved a spot for you.
The comments here are often incoherent and hyperbolic, but yours is particularly bad — not least because it (and the followup) is filled with personal attacks against those who disagree with you.
The comment section here has a reputation for being absurd, but increasingly it’s also becoming somewhat toxic, thanks in part to aggressive (and unintelligible) posts like yours. I tend to think this blog would be improved by disabling comment; I don’t know why Dennis puts up with it.
For what its worth, I understood the post. What I don’t understand is why someone would advocate disabling comments. How would that be an improvement? If you don’t like the comments don’t read them. You can even click the huge orange button above that says Hide Comments if you find their presence at the bottom of your browser window disturbing.
Nobody forces you to read the comments bra.
Indeed!
Except for a period of time dating from the 90s to the late 2000’s, the patent system has generally been run by the big boys. They controlled Congress, they controlled the USPTO (they virtually nominated the director or commissioner as the case may be) and they controlled the courts through their amicus briefs.
With cases like VE Holdings, a somewhat inventor-friendly USPTO, and with an overall supportive Federal Circuit, the 90s and the 2000’s saw a strong appearance of contingency patent litigators. This industry was somewhat supported by big business itself who would “sell” their patents to assertion entities for the purposes of monetizing the patent portfolios. Recall, that Rembrandts in the Attic was published in early 90s.
All of this brought a strong reaction from big companies like those located in Silicon Valley, who took up arms and began strongly lobbying Congress and the courts. Thus we have cases like eBay and we have legislation like the AIA. We also have the invention of the word “troll” to defame and bias policymakers against anyone who is not a big boy.
In a sense we have returned to the status quo ante. This is not a good place for the small inventor, or for the startup. All we can do is point this out in places like this blog, and elsewhere. We are fighting City Hall. This is hard to do.
Small inventors and startups cannot afford a patent system with IPRs or reexaminations. Furthermore, a patent system is not a patent system at all without the the injunction. Even the likes of Apple has found it almost impossible to get an injunction even against willful infringers like Samsung.
We need to do something to fix this. I hope the Supreme Court takes Oil States and kills off IPRs. We will learn the fate of the constitutional challenge next Monday.
Just think of the dueling lobbyist now. The pharma industry v. Google et al.
Mr. Google-Bucks Goodlatte is probably taking in a lot of money tonight.
I think, though, unfortunately, that the CAFC is the bigger problem. It is now stacked with Google selected judges. How can we get rid of them? I think Trump should abolish the CAFC.
And boy is Lee in for a big pay day. I think she is going to get in the upper end of the pay scale. My guess is $100 million over 5 years from Google.
You seem to imply that the CAFC is ‘anti-patent.’ Yet, in nearly every major patent case that the supreme court has taken in the past several years, the supreme court has determined that the CAFC erred on the side of applicants, not the other way around… Unless you think the supreme court is also filled with Google-paid judges, in which case you are the joke, and not MM.
Be prepared to have Stones thrown at you [pun intended] for daring to make a rational fact observation here. Please keep it up.
The cases the SCOTUS has been overthrowing were based on cases from the CAFC prior to the Google selected era, in general.
Paul, try to be more relevant.
In terms of 101, the CAFC is very, very anti-patent. And the CAFC has many judges that don’t understand either science or patent law. (And for good reason because they had never practiced it prior to their appointment).
Etc. The record is pretty clear.
Massive alien invasion coming soon. BigCorp pods inside CAFC are sixth column that will undermine little guy forces. If Mango Hairball can seize the star chamber that is probably only hope for covfefe parallax event that will save the system. The Framers must be spinning in their graves right now. When General Lee invented the proton box he must have knew this moment was coming.
Cue image of His Master’s Voice, with Nipper played by Lee, and the Google as Victor.
link to google.com..i&w=355&h=247&bih=637&biw=1280&q=his%20master%27s%20voice&ved=0ahUKEwifpt7m1KrUAhUI1mMKHWolD0AQMwg-KAMwAw&iact=mrc&uact=8
MM
What does the word treason mean to you?
anony,
Sorry buddy, but that is a f00lish question.
Malcolm simply does not care nor does he recognize anything off of his short script.
He does not contemplate that his own actions matter.
Look at how often he ploys his number one meme of Accuse Others Of That Which Malcolm Does….
For your question to matter, you would need Malcolm to care in the first place.
You are such a joke MM. You made this type of nonsense up when I said that Google was lobbying to weaken patents. Then I linked to several respectable articles that backed up what I said. Result: you keep up your nonsense until it was so widely understood what Google was doing that you stopped.
Now, I am saying that Google has selected the judges–not that they actively controlling them. But that they selected anti-patent people that Obama nominated. Moreover, (as is well-known in DC), the people agreed to get the patent system under control before being nominated.
That is how Google has shaped the CAFC. But, again, having a dialogue with the likes of you is not possible as anything must fit into your paid propagandist script.
Let’s all remember that the “person” that didn’t work at the White House that was there most was that Google “person” selecting the CAFC judges and the director of the USPTO.
MM will get a kick out of this one:
link to newsweek.com
Perhaps Lee will sign on as an examiner to get some training in patent law.
Why would think being an examiner would give you any insight into patent law?
Good point there.
Smells of panic.
It does.
I would have gone more for a phrase like Charley Foxtrot….
Recent precedent suggests Gil Hyatt as the most obvious choice for a replacement. He knows a lot about patents plus he’s one of the smartest people alive. A tremendous and huge intellect plus so much skill in managing people and money.
Also Elizabeth Holmes is probably available.
Damm, I was hoping that you were in the running….
“S“
MM, would be proud to be the Director of the PTO in Venezuela.
Gotta love the benefits of socialism.
Mr. President,
I would be honored to serve.
Sincerely,
Greg D.
…from each, according to their ability, to each, according to their needs…
(or something like that… 😉 )
There is nothing particularly socialistic about the reforms that I would make as director. Basically, I would appoint a bunch of like-minded PTAB judges, and then exercise my authority to preside over a series of expanded appeal panels to issue a series of “precedential” (i.e., binding on future PTAB panels, not on the CAFC) decisions related to procedural aspects of ex parte prosecution that have long irked me. Because I would be the presiding judge, I would assign myself to write the opinions so that they would be precisely how I want them.
#totallynotabuseofdiscretionorauthority
Darn right…
I have to wonder how many “Tafas-like” things would be on your “procedural” list of things to change…
If I were Director, I would fire the Advisory Board, institute no reexams or IPRs except with the consent of the patent owner, and run quality checks against allowed applications and discipline any examiner that allows any claim that is not directed to patentable subject matter, subject to the right of appeal, of course.
“and discipline any examiner that allows any claim that is not directed to patentable subject matter”
And what will you do when POPA comes knockin’ on your door?
lol. I hear there is a real shortage of toilet paper though, so think about taking a year’s supply or so with you (and don’t get mugged out of your toilet paper).
One day after a report over at Gene’s site detailing the fraud that Lee has been perpetuating regarding the O-Man’s policies and budgets being Trump’s, she’s abruptly out of here?
Fired.
But not disgracefully.
Perhaps someone finally had a chance to look into Oil States/MCM Portfolio LLC above OSG. If Bannon ever got a whiff of that excrement, I know what he would advocate.
If Bannon ever got a whiff of that excrement
Bannon kinda reminds me of Gene if you let some of Gene’s air out and stuck his face in a wasp nest for a minute or two.
One day after a report over at Gene’s site detailing the fraud that Lee has been perpetuating regarding the O-Man’s policies and budgets being Trump’s, she’s abruptly out of here?
Abruptly?
LOL I’m totally sure those two things are connected.
Sreiously, has a week gone by in the last five years when the Big Q hasn’t trashed Lee for something or the other?
Can you give a preview of the allegations and the proffered proof for us that don’t like our patent news with a side of rabid frothing?
Idk about fired, that would imply that someone close to the prez noted the article and brought it up to Trump, and ran him through all the details and he was not pleased. Unlikely that all that happened. Still, it is odd timing. I heard also that perhaps her name is was just now not in the running for the next appointment so she may have just dipped out.
. Still, it is odd timing.
What’s odd about it? Summer’s a nice time to bail out and relax on the beach.
Trump is such a flaming, burning, crashing embarrassment that right now there are literally hundreds of Trump administration employees who are wondering to themselves if they would not be better off simply leaving their time as White House employees off their resumés, and pretending that they were in jail for the first six months of 2017 to explain the gap. Probably Michelle Lee looked about at the wreckage around her and realized that there was little to be gained and much to be lost by sticking around even one day longer in this dumpster fire of an administration.
Yup.
But get ready for a tiny army of incompetent opportunists to try to jump in and grab the reins.
Maybe Bob Sachs will sign up.
LOLOLOLOLOLOLOL
Dozens, Trump was a known quantity since the primaries.
Your “although” should read “despite”…
😉
Ding dong the w*tch is dead. Thank goodness. With all due respect, Dennis, she was not a stabilizing force. She was a Google shill and the stats support that. She attempted to destroy software and biotech patents, and did for the most part. Looking forward to a new chapter.
Three responses:
(1) 6 spilled this scoop on your blog over an hour ago. I think that it is only right that the original post above be updated to give him credit on that point.
(2) Hal Wegner has pointed out several times that Mr. Scardino is not statutorily qualified under 35 U.S.C. §3(a)(1) to serve as director. I would like to think that this means Hirshfeld takes over (no disrespect intended to Mr. Scardino, who is a fine person, but not “a person who has a professional background and experience in patent or trademark law”).
(3) I do not expect this vacancy to be filled any time soon (2018 at the earliest would be my guess).
I think that it is only right that the original post above be updated to give him credit on that point.
LOL
I have to assume this is sarcasm.
Hal Wegner
He’s still out there flapping his gums?
Did he ever own up to his hilarious faceplant in Lifetech v. Promega?
“(1) 6 spilled this scoop on your blog over an hour ago. I think that it is only right that the original post above be updated to give him credit on that point.”
I’m good thx greg.
Politico also reported this long before this post. Fairness requires proper attribution.