Memorial Day

Today, I take a day off from intellectual property to say "thank you" to the men and women who have given their lives in service to our country, and to those protecting us around the world today.  Amidst the barbecues and time with family and friends, take a moment to remember our young soldiers.  And here is a link to Patent Barista's 2008 Memorial Day Blawg Review.  The posts it reviews are no longer topical, but the picture of the young woman lying down in a military cemetery is still just as moving.

Patent News: Patent Reform & Bilski

The legal blogosphere is full of analysis and commentary regarding the Patent Reform Act, here is more of the best:

And the Bilski amicus briefs began coming into the Supreme Court today.  Click here for Dennis Crouch's post with links to many of the amicus briefs.  And here for Crouch's post discussing the PTO's Bilski guidance to Examiners.

Most Read Patent Blogs

IPWatchdog Gene Quinn recently published his list of the top 26 patent blogs, based upon Technorati rankings (Quinn only considered blogs in the top 1M of the Technorati rankings) -- click here to read Quinn's post.  Quinn manually determined which blogs counted as patent blogs, and did nice work.  Although I would add the IP ADR Blog to the list.  While I do not place much weight in blog rangings, the list identified a few new blogs that I plan to follow, and it is gratifying to see that the Chicago IP Litigation Blog has a strong reader base in the patent world.

Here are Quinn's rankings:

  1. Patently-O - Technorati Rank 21,202
  2. Patent Baristas - Technorati Rank 61,134
  3. IPWatchdog - Technorati Rank 80,245
  4. Against Monopoly - Technorati Rank 80,245
  5. Patently Silly - Technorati Rank 90,082
  6. Chicago IP Litigation Blog - Technorati Rank 117,073
  7. PHOSITA - Technorati Rank 101,726
  8. Spicy IP - Technorati Rank 129,347
  9. PLI Patent Practice Center - Technorati Rank 132,753
  10. Duncan Bucknell Company’s IP Think Tank - Technorati Rank 136,348
  11. Patent Prospector - Technorati  Rank 152,448
  12. Securing Innovation - Technorati Rank 162,007
  13. Peter Zura’s 271 Patent Blog - Technorati Rank 163,794
  14. The Invent Blog- Technorati Rank 167,214
  15. Promote the Progress - Technorati Rank 198,166
  16. I/P Updates- Technorati Rank 213,371
  17. IP NewsFlash- Technorati Rank 221,777
  18. Orange Book Blog - Technorati Rank 221,777
  19. The IP Factor - Technorati Rank 250,588
  20. Philip Brook’s Patent Infringement Updates- Technorati Rank 273,434
  21. Patent Docs - Technorati Rank 300,413
  22. Antiticpate This! - Technorati Rank 351,677
  23. Patent Fools (now operated by IPWatchdog.com) - Technorati Rank 351,092
  24. Patentably Defined - Technorati Rank 614,978
  25. Steve van Dulke’s Patent Blog -  Technorati Rank 676,101
  26. IP Spotlight - Technorati Rank 752,199

Legal News

Here are several IP-related stories and news items that I found valuable or interesting:

  • The Maryland IP Law Blog reports that Patent Secrecy Act activity was down in 2008, with a significant reduction in issuance of new secrecy orders -- down to 68 in 2008 from 128 in 2009 -- and existing secrecy orders down about .5% to 5,023 total in FY 2008 -- click here to read the post.
     
  • Daily Writing Tips warns against genericide -- the death of a trademark caused by using the mark as a generic term -- and gives numerous examples.
     
  • A sincere thank you to Patent Baristas; Rush on Business; and Securing Innovation.  I do not buy into the blog awards  or best blog lists, but it is an honor  to be nominated for Blawg Review of the year by such accomplished bloggers and lawyers.  My 2008 Blawg Review was an ode to world record swims and America's favorite Olympic son Michael Phelps -- click here to read it.

Blogs Speak: Where Will the Obama Administration Lead IP

While I head out to watch Chicago's adopted son, President-elect Barack Obama become the nation's next president, I thought it was appropriate to provide some thoughts on where the new administration might lead the IP community.  I am an IP litigator and fortunate enough to be able to watch one of the most amazing spectacles of our democracy, the peaceful transfer of power, but I do not pretend to be either a prognosticator or political expert.  So I will leave the predictions to those who feel qualified to make predictions:

[UPDATE:]  Duncan Bucknell's weekly podcast, which is always worth your time, discussed how the Obama administration might impact US IP policy -- click here to listen to it.

Best Blawg Reviews of 2008

It is the time of year for the Best of 2008 lists.  The legal blogosphere* is no different as evidenced by Blawg Review #193 -- click here to read it -- recounting the 51 weekly Reviews from this year and soliciting nominations for the annual Review of the Year award from anyone who has hosted or is scheduled to host a Review. As someone who has hosted (click here to read my 2008 Review # 173, and who plans to host another in 2009, I exercise my right to vote for the following Reviews:

*  Ed. how can you insist upon Blawg Review, but than refer to the legal blogosphere.  Are you just trying to get to Mr. O'Keefe?

Blawg Review #189

Blawg Review #189 is up at Colin Samuels' Infamy or Praise Blog -- click here to read it.  As would be expected of a Blawg Review Sherpa, Samuels' provided an epic Review, centered around The Rime of the Ancient Mariner.  In addition to excellent writing focused around a strong theme, Samuels features some excellent IP content, including my post about the unequal application of Twombly pleading standards in patent cases:

Maya Richard suggested four tactics to preemptively protect patent assets from patent trolls: monitoring patent filings for applications related to your portfolio; hedging risk with patent infringement insurance; retaining skilled IP counsel to build a case for major patent assets; and joining an industry protection group. Also writing on a patent-related topic was R. David Donoghue, who noted that despite the Twombly decision, "many district courts are requiring that patent defendants plead affirmative defenses and, in some cases, counterclaims to the higher plausibility standard." He suggests remedies for this uneven application of the Twombly standards.

And as an encore, after seeing Twitter driving traffic to his Review, Samuels posted a list of the Twitter accounts of the bloggers featured in Blawg Review #189 -- click here to read it.

IP Legal News

Here are several blog posts that are worth your time on this Monday morning:

  • At Deliberations, Anne Reed warns of six mistakes that can derail voir dire -- click here to read the post.  Anyone who follows Deliberations knows that when Reed discusses voir dire, everyone should listen.
     
  • The Federal Circuit heard oral argument in Tafas v. Dudas last week.  Here is some of the commentary:  Patent Baristas; Patently-O; & PLI Blog.
     
  • At IP ADR Blog, Victoria Pynchon offers to arbitrate your patent case and says under expedited AAA commercial rules you can get a decision within 45 days of selecting the arbitrator -- click here to read the post.  Amazing, I may try that in the dispute resolution clause of my next license agreement.
     
  • Anyone who read his 2007 NYC Marathon Blawg Review will not be surprised that Eric Turkewitz's post-Thanksgiving Blawg Review last week at his New York Personal Injury Law Blog was one of the best of the year -- click here to read it.

 

Bilski: Some Business Method & Software Patents Survive

In re Bilski, __ F.3d __ (Fed. Cir. 2008) (en banc).*

Chief Judge Michel, writing for a nine judge majority, affirmed the Board of Patent Appeals and Interferences' finding that Bilski's invention -- a commodities trading method for hedging risks -- did not meet the 35 U.S.C. § 101 patentable subject matter requirement.  The Federal Circuit held that State Street's "useful, concrete, and tangible result" test was insufficient to determine patentability -- disagreements have already started regarding whether State Street was narrowed or overturned.  The Federal Circuit held that the Supreme Court's "machine-or-transformation" test was the only test for determining patentability:

A claimed process is surely patent-eligible under § 101 if: (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.

I found Judge Dyk's concurrence tracing the history of the "machine-or-transformation" test back to the Patent Act of 1793 especially interesting:

In fact, the unpatentability of processes not involving manufactures, machines, or compositions of matter has been firmly embedded in the statute since the time of the Patent Act of 1793, ch. 11, 1 Stat. 318 (1793).

As with any major appellate decision, we will need eighteen to twenty four months of district court and Federal Circuit decisions to flesh out and fully understand Bilski's implications.  While we argue those cases and await the decisions, there will be plenty of law review and blog analysis.  Here are some of the first (I will update with additional posts as they come):**

Click here for the opinion.

**  I have updated the list of Bilski blog posts with some new ones.

Memorial Day Blawg Review

Memorial Day is over, but I was too busy at my community's Memorial Day parade to read Patent Barista's Blawg Review #161 Memorial Day tribute until late yesterday evening.  The Baristas say they are not big "flag-waivers", but from where I sit, they waived it well.  Even if you do not have time to read the whole thing (which you should), you should click here just to see the picture of the young woman lying before a service person's grave at what appears to be Arlington National Cemetery.  It is sweet, sad, or maybe both.

And thanks for the link to the Blog's Memorial Day post Baristas.

May Carnival of Trust

Welcome to the May 2008 Carnival of Trust.  For regular Blog readers, this will be a slight departure from the case analysis format you have come to expect.  But I promise you the trust-related links will still be valuable reading for IP litigators and IP litigants.  And in the spirit of the Carnival, I will now proceed to build your trust in me by following through on that promise.

The Carnival of Trust is a monthly, traveling review of ten of the last month's best posts related to various aspects of trust in the business world.  It is much like the weekly Blawg Reviews that I post links to and have hosted, but those generally contain far more than ten links.  My job this month was to pick those ten posts for you and provide an introduction to each post that makes you want to click through and read more. 

Do you trust me?  Jeremiah Owyang at Web Strategy by Jeremiah says you do not , unless you are related to me.  But the real point of Owyang's post and the studies he cites is that people do not trust an unspecified blogger as much as their family or other unspecified news sources.  That is not surprising and even shows good judgment.  As Anne Reed at the Deliberations blog points out, choosing blogs is about developing trust.  You find a few that you like and trust, trust developed by entering that blogger's conversation and developing confidence in that person's posts, and based on your trust in those blogs, you begin to find other quality blogs:

I learned the territory one or two blogs at a time, first coming to like and trust a few blogs (and bloggers) and then following their links and blogrolls to others. 

Both the upside and downside of blogs is that you cannot develop an audience, or a community, by simply building an attractive, user-friendly site with good search engine optimization (although if you are going to run a law blog, you should do all of those things.  People may come once for flash, but return visitors and respect within the blogging community is generated with strong, consistent content.

[UPDATE]:  After this entry was posted, there was some more law blog discussion of Owyang's post and the studies he cites.  In order to preserve the ten post limit, I have posted a May Carnival of Trust Addendum.  Check it out by clicking here for more posts related to whether bloggers are trusted.

Kevin O'Keefe of LexBlog pairs up with his able VP of Client Development Kevin McKeown to advise bloggers and their employers, specifically law bloggers but the post applies more broadly, on how they can build trust with each other by devising a thoughtful corporate blogging policy and by meeting legal ethics standards -- click here for the post.

In professional services circles, American Airlines' serial MD-80 groundings was big news.  Mark Bonkiewicz at World Class Trust argues that American Airlines, and airlines generally, have destroyed much of the public trust they built over decades of excellent service.  And he contends that they have a long road ahead to regain the trust.  But as a frequent flier who spent a lot of time during and around the MD-80 groundings on American Airlines flights, I disagree.  In my experience, American largely handled cancelled flights and frustrated passengers well.  This suggests that trust is subjective, a premise that squares with my personal experience.

Alex Meierhoefer at Leadership and Talent Development for Smart People asks:  Is Trust a matter of Perspective?  He looks at the "trust equation" and contends that trust should not be subjective, or at least is not subjective if parties in business deals, and presumably in politics as well, communicate openly.  The problem with that is assuming open communication assumes trust.  Additionally, sometimes unseen factors enter in to the other party's decision making causing them to take actions that harm trust because of a lack of information.  Perfect information and decent actors would guarantee trust, but absent perfect information trust will always be at least partially subjective.

 My engineering background does not let me walk away from an equation without some discussion.  And the Carnival of Truth's own Charlie Green provides an excellent post at his Trust Matters blog discussing a version of the trust equation and providing a self-diagnosis tool which outputs a trust quotient (like an IQ score) on a fifteen point scale.   Here is the equation the diagnostic is based upon:

 TQ=C+R+I/S

 

 


Where C is credibility, R is reliability, I is intimacy and S is Self-Orientation.  The diagnostic is interesting and the results may surprise you, they did me.  Any tool that helps you take an honest look at yourself is a powerful resource for leaders and managers.  The more honestly we can look at ourselves, the better we can care for and lead our teams.

Instead of using an equation, George Ambler at The Practice of Leadership asks What is Your Trust Rating? by looking at Robert Hurley's ten primary trust factors.  I like the equation, but the factors get to the same result.  And as leaders, it is critical to evaluate how others perceive our trustworthiness.  So, use the equation or the factors, but take the time to do it either way.

On the subject of trust-based leadership, Victoria Pynchon at the Settle It Now, Negotiation Blog has an excellent guide for maintaining your client's trust during a difficult negotiation:  How Can I Convince My Client to Lose More than Predicted and Still Maintain My Own Credibility?  The answer is complex and multi-faceted, but it boils down to the fact that you have to get the stakeholders and decision makers face-to-face, get their buy in on resolution as a goal (in addition to winning), explore all avenues of resolution, and you have to let them explore all aspects of the dispute, even those that do not matter.  The last point is a difficult one for lawyers.  As a lawyer you generally want to remain focused on the settlement inputs -- money, confidentiality provisions, sale of existing product if something about the product is being changed, etc. -- but from a trust perspective it is important that the stakeholders resolve not just those issues that go into a final agreement, but any problems or concerns they have related to the dispute or the parties to the dispute.

And on a related topic, the Patent Baristas have a great post explaining how biotech companies can get past typical stereotypes, and sometimes realities, of doing deals with university tech transfer offices by, among other things, recognizing the other side's by treating the other side with respect, and appreciating both their needs and their constraints -- in other words, developing their trust.

Ed Moed at Measuring Up looks at the importance and power of building a trusted brand for sales:  Build a trusted brand and the possibilities are endless…  He was drawn in to a new diner in his local Whole Foods simply by the power the Whole Foods brand holds for him.  As someone who grocery shops and then eats breakfast with his son at Whole Foods most Saturday mornings, I can appreciate Moed's point.  If my local Whole Foods opened a restaurant or a diner (we currently make breakfast out of items purchased from the store and eat in a small seating area at the front of the store), I would eat there at my first opportunity.  Is your brand strong enough to draw people in that way?

Patent Reform: It's Baaaaaaaaack!

The Patent Reform Act is on the Senate’s calendar and is expected to be voted on in February. The version voted out of the Senate Judiciary Committee is different than the version passed by the House. Experts expect that, instead of forming a joint committee to resolve the differences which generally requires a second vote by both chambers, the House will vote on any version of the Patent Reform Act passed by the Senate.

That means that it is time to take a close look at the Senate version of the Patent Reform Act. The damages and venue provisions continue to be some of the most significant and hotly-contested. And it is no surprise that the various stakeholders are making their positions heard loudly again. I considered analyzing each provision of the current Senate bill, but Patent Docs beat me to it and did an excellent job:

Several other blogs are also keeping a close eye on the stakeholders and the sausage-making aspects of the Patent Reform Act, among the best:

Blawg Review #133

Last week the intellectual property world obsessed over injunctions – specifically, a preliminary injunction hearing in the Eastern District of Virginia resulting in an injunction against the U.S. Patent & Trademark Office’s (“PTO”) new continuation rules. There was a lot of analysis about the injunction, including live blogging by Patent Practice Center Patent Blog and a lot of post-injunction analysis by, among others: 271 Patent Blog; FileWrapper; Patent Baristas; Patent Docs (and here); Patent Prospector; PHOSITA; Patently-O; WSJ Law Blog; and Washington State Patent Law Blog. For those of you who have no idea what a continuation is or just do not care about the particulars of the rules, I promise that I am done with patent continuations for this post. Honestly, I find the rules rather tedious myself. I prefer to focus on litigating patents, rather than the PTO’s prosecution rules. So, today we talk about injunctions:

According to TechCrunch, Patent Monkey received a permanent injunction when it was sold to the Internet Real Estate Group. But Patent Monkey’s patent search technology will see its injunction lifted when it is used on www.patents.com. Hopefully, for those like me who enjoyed it, Patent Monkey’s Infinite Monkey Theorem Blog will also see its injunction lifted.

Virtually Blind has an interesting report on Second Life’s* new Patent & Trademark Office, the SLPTO. No word on whether the SLPTO and the Second Life legal system generally will allow for any permanent injunctions. Right now it appears that the SLPTO will be heavily skewed toward copyright and trademark, which makes sense in a virtual world. And before we learn whether the SLPTO has any enforcement mechanisms, Blawg IT is offering to represent virtual clients before the SLPTO. I would get a retainer up front Brett – virtual clients can be difficult to track down when the bills are due.

The Patry Copyright Blog shows why Second Life injunctions may be necessary. Six Second Life players have sued a Queens man in the Eastern District of New York for trademark and copyright infringement based upon sales of goods in Second Life. I wonder if the trademarks and copyrights were registered with the SLPTO or the US PTO/Copyright Office. And does the E.D.N.Y. have authority to issue cyber-injunctions?

Promote the Progress provides an interesting piece on the long-term effects of last week’s injunction against the PTO on shaping patent reform.

SportsBiz explains that plaintiffs who were bilked out of millions in attorneys’ fees by their now-jailed lawyers were not irreparably harmed. A Kentucky court awarded them a 20% ownership interest in Curlin, the prize race horse and Breeder’s Cup Classic winner partially owned by the jailed lawyers.

Adams Drafting issues its own injunction against using virgules. Using what? The virgule, or the forward slash. He explains that it is frequently used to mean: 1) “per” – 50 miles/hour; 2) “or” – and/or; and 3) “and” – all parents/subsidiaries/affiliates are bound by the obligations. The problem is that the various uses create ambiguity. Adams acknowledges that he cannot find any litigation specifically about the virgule. But the best solution is to remove the virgule from your writing before you become embroiled in the first litigation over one. And when it comes to rules of writing and grammar, the best solution is to listen to Adams.

What if you do not want an injunction or just want a faster, cheaper resolution? The IP ADR blog is talking about last week’s big settlement between Vonage and Verizon. They suggest that you consider using contingent agreements to control for changing future conditions and charitable contributions. They also point out that creativity and out-of-the-box thinking are important elements for reaching settlements.

Another way to avoid an injunction is to understand how best to argue against the opposing party and their counsel. The Center for Internet & Society discusses how men and women in the United States and in other cultures communicate and suggests that understanding the nuances of how different people communicate around the globe could advance legal discourse.

Lowering the Bar reports on a Michigan man sentenced to sixty days in jail for a home invasion that ended in him throwing two large pickles at residents of the home. No word on whether he will be enjoined from pickle ownership. Okay, that is a weak tie-in, but who can resist a pickle invasion story.

Deliberations discusses one of the basic truths of trial law – you must connect with your jury about basic truths of your case. That is equally true when seeking an injunction – if the judge senses something is not right about your argument, you will not get your injunction.

The writers’ strike that is expected this week is not an injunction, but it will mean an end to new scripted television and movies. Concurring Opinions has an interesting post about a brewing legal dispute between the studios and the writers’ union, the Writers Guild of America (“WGA”). The WGA is requiring that members provide information on all unproduced projects and an update on the status of those projects, as per the labor agreement between the WGA and the studios. But the studios, based upon their individual agreements with writers, are warning writers that the studios  own the scripts and the writers are barred by contract from giving the WGA any information about the projects. These conflicting contracts place the writers in quite a pickle (I could not resist), and it poses an interesting legal question as to which contract controls.

And I end with a post that is actually about an injunction. The Maryland IP Law Blog (another LexBlog creation) posted about a District of Delaware court that upheld a jury verdict of patent infringement and plans to enter a permanent injunction against Lonza, Ltd., Nutrinova Inc. and Nutrinova Nutrition Specialties & Food Ingredients GmbH prohibiting the U.S. sale and use of a fatty acid product currently marketed under the brand name Lonza DHA for use in functional foods and dietary supplements.

Thanks for reading. And for the Blog’s regular readers, I will be back to my usual Northern District of Illinois focus tomorrow.

* Second Life is an internet-based virtual world where “residents” interact through avatars. For example, the Seventh Circuit’s Judge Posner appeared in Second Life with an avatar closely resembling him to answer questions from, among others, a DC IP lawyer using an avatar of a humanized raccoon. Check out the New World Notes blog for a transcript and some screenshots.

Continuation Rules Would Cause GSK Irreparable Harm

Yesterday, I blogged briefly about the Eastern District of Virginia's injunction preventing the PTO's new continuation rules from taking effect today, November 1st.  But the Court's order was not available yet.  The order has been issued -- click here for a copy -- and it is very interesting.  The Court held that plaintiff GSK had shown a likelihood of success on the merits regarding several issues:

  • That limiting the number of continuations a party can file violates 35 U.S.C. Section 120, which states that later filed applications have the same effect as their parent applications.
  • That the new rules are impermissably retroactive because the limits on numbers of claims and continuations will change the terms of the bargain struck between inventors currently prosecuting their applications and the PTO when those inventors filed their applications, prior to the new rules going into effect.
  • That the requirements for Examination Support Documents ("ESD") are impermissably vague because they do not sufficiently define the paramters of the search required.

The Court also held that GSK would be irreparably harmed by implementation of the rules because GSK has about 2,000 pending applications and GSK's rights in each of those applications would be materially altered by the new rules. 

[Updated with more links after the jump.]

The balance of hardships weighed in GSK's favor.  The PTO's losses were sunk costs -- updating computer systems and training staff.  But if the PTO wins the suit and later implements the continuation rules, the new computer systems and the employee training will still be valuable.  On the other hand, the entry of the continuations rules will materially limit GSK's rights in its 2,000 pending patent applications.

Finally, the public interest is in maintaining the status quo, rather than allowing the implementation of a new set of rules which could be reversed by the Court in a matter of months.

For more on the preliminary injunction and thoughts about whether the PTO will file an emergency appeal with the Federal Circuit, check out:

I will continue to update this post with coverage of the injunction and any appeals throughout the day.

Can Patent Reform Cross the Finish Line?

This week the House Judiciary Committee sent its version of the Patent Reform Act of 2007 to the full body for a vote.  The damages provisions that Federal Circuit Chief Judge Michel publicly spoke against remained in the House bill, but the controversial post-grant review process was removed completely, instead of being limited as many interested parties are suggesting.  The Senate continues to markup its version of the Patent Reform Act, but so far has tightened venue requirements and is debating the damages provisions.  The Patent Reform Act feels like a long breakaway in the Tour de France.*  When a group of riders is leading the peloton (the large group consisting of most of the riders in the race) they each want to win the day's race, but in order to do that they must work together until the last 200-500 meters of what may be a 200 km ride.  If they stop cooperating before the last several hundred meters, they become disorganized, slow down and get swallowed by the peloton.  They are generally exhausted from their efforts in the breakaway and have no chance of winning once they rejoin the peloton -- all of their individual efforts are thrown away because they stopped cooperating with their competitors too early.  Cooperating with competitors is difficult and counter-intuitive, but is often the only way to achieve individual success.  The Patent Reform Act is just such an effort, but it looks like the interested parties may not win this race.

You can read more about Congress's deliberations at:

 

* Forgive the analogy, but I love the Tour and today is the first individual time trial of this year's race.  Go Levi, Alberto & the rest of the Discovery Channel team!

The Federal Circuit's Chief Judge Michel on the Patent Reform Act of 2007

On a related note, Chief Judge Michel of the Federal Circuit has written a letter (following up an earlier, broader letter and his Congressional testimony, discussed at Patently-O) strenuously arguing that the Act's damage apportionment sections are impractical and that Congress should either retain the current damages law which has undergone "decades of refinement" and is "highly stable and well understood by litigators as well as judges."  Here is some discussion of Judge Michel's letter:

Patent Reform Act Hits a Snag?

When the Patent Reform Act of 2007 was unveiled, the conventional wisdom was that the law would be enacted and remain largely intact, unlike the 2006 version which was never sent to the White House.  But it has hit its first delay, shortly after its first public hearings last week.  Earlier this week, five Senate Judiciary Committee (which is considering the Act) members -- Tom Coburn (R-Oklahoma), Jeff Sessions of (R-Alabama), Chuck Grassley of (R-Iowa), Jon Kyl (R-Arizona) and Sam Brownback (R-Kansas) -- sent a letter to the Committee's Chair Senator Patrick Leahy (D-Vermont) and its Ranking Member Arlen Specter (R-Pennsylvania).  The Senators sought a delay in voting on on the Act and reporting it out of the Committee to allow time for additional hearings to explore, among other issues:

  • Apportionment of damages;
  • Post-grant opposition procedures;
  • Granting the USPTO broad rulemaking authority;
  • How to improve patent quality; and
  • "[E]xamining the problem of speculative litigation and alternatives to stopping unnecessary and costly litigation."

 

Blogs have been actively covering the letter and its implications:

More Commentary on KSR v. Teleflex

I do not want the Blog to get off track, so this will be my last post for awhile on the subject, but here is a roundup of blogs discussing yesterday's argument:

Chicago's own 271 Patent Blog

SCOTUS Blog

Patently-O

Patent Baristas

I will be back at the Blog's traditional subjects tomorrow with Northern District case updates.