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Gold is moving, Lets go.
Lets go Prospect, Gold is moving.
George talks to Fucken much. But makes no sales.
Waiting on some news, Recaf
Anyone heard anything from the presentation the 25th.
Anyone heard anything from the presentation the 25th.
Well we best get started on something. Go CMGO.
Okay Surfkast.
Oct 25th ay
A cart with wheels, Wow.
A cart with wheels, Wow.
Robinhood is on board.
Let's see buy a 200 start see how it go's.
Wonder if they are for real.
Dawson James Small Cap is today Starting at 9:30 am, let's see what happens.
EAGLE POINT PLANT. WEST DEPTFORD NJ.
Here we go again , no count bullshit.
Man someone else has this stock too.
What is going on here.
SLOW
Thank you.
It's a FOX station.
it's just sitting there.
what up recon
Are we going to move up here. Oil what a waste.
Lol
Researching ay.
I would say sooooo!
The post is not coming from Zerify news.
Is it yours.
Is it yours.
4
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“Knowles said the senators’ June letter [on patent thickets] is confusing, as it seemingly demonstrates ‘a complete lack of understanding about how law is made.’”
Policy
From far left: Bob Stoll, Sherry Knowles and David Jones
During a session titled “Politics, Policy and Legislation” on Monday at IPWatchdog LIVE 2022, three panelists who have each played a role in shaping patent law over the years discussed recent developments in patent eligibility reform, and congressional interest in so-called patent thickets being fueled by continuation patents and other topics.
On the latter point, Sherry Knowles of Knowles Intellectual Property Strategies recalled the headline-grabbing 2007 case she brought against the U.S. Patent and Trademark Office (USPTO) while in her former role as GlaxoSmithKline (GSK) Chief Patent Counsel to enjoin the Office from promulgating substantive rules concerning claims and continuations practice. In June, Knowles authored an article for IPWatchdog reminding Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun, who sent a letter to USPTO Director Kathi Vidal on June 8, that the Office remains under a permanent injunction as a result of the en banc decision from the U.S. Court of Appeals for the Federal Circuit (CAFC) that found in favor of GSK and independent inventor, Triantafyllos Tafas. The senators’ letter asked Vidal to publish a notice of proposed rulemaking or request for comments by September 1, 2022, addressing the issue of patent thickets, particularly in the drug industry. However, the Office has not yet delivered.
Knowles said the senators’ June letter is confusing as it seemingly demonstrates “a complete lack of understanding about how law is made.” She added: “How does Congress not understand that it’s their job to create law in the area of patents and to be the watchdog in this area?”
David Jones of the High-Tech Inventors Alliance (HTIA) addressed the issue of Section 101 reform, in which the HTIA has been actively involved. Jones said that, while he agreed with former USPTO Director Andrei Iancu’s take on a previous panel that every other country has figured out how to get eligibility right and there is a clear path to making Section 101 work, it ultimately doesn’t matter much in cases like American Axle because the result was correct as it was a bad patent in his opinion. Many in the audience and on the panel strongly disagreed with this view, explaining that improperly using a Section 101 analysis to address issues more appropriate for Sections 103 and 112, for instance, creates confusion for all patent owners and practitioners and creates a body of ambiguous law.
While the USPTO has taken steps to make the eligibility analysis easier for examiners through its guidance under former USPTO Director Andrei Iancu and through the “Deferred Subject Matter Eligibility Response (DSMER) pilot program, for instance, the courts remain muddled, said panelists. While some disagreed on whether eligibility rejections are still a problem in prosecution, Bob Stoll of Faegre Drinker, who moderated the panel, and others said at least the tools are there for the Office to avoid granting bad patents without having to rely so heavily on Section 101. However, that doesn’t much matter if the courts simply overturn those decisions. “If you look at the evolution of the European Patent Office, they tool what they used to do on the eligibility side and put it into inventive step—if we did that in the United States there would be a lot less pressure on 101,” Jones suggested.
Stoll next asked the panelists whether Senator Thom Tillis’ “Patent Eligibility Restoration Act,” introduced in August, or other legislation to address Section 101 reform, has any chance of passing in the next five years. Both Knowles and Jones agreed probably not. “Always bet against legislation,” Jones said. Knowles noted that the bill was introduced by Tillis without any cosponsors, which doesn’t bode well. “I’d like to see a cosponsor,” she said. However, Jones said it may be Tillis’ intention to simply set the stage for his agenda for next year by quickly introducing the bill, or to pressure the Supreme Court to finally act so that the bill becomes moot.
Knowles pointed attendees to an article she and her colleague, Anthony Prosser, authored in 2018, titled “Unconstitutional Application of 35 U.S.C. §101 by the U.S. Supreme Court”, 18 J. Marshall Rev. Intell. Prop. L. 144 (2018) that analyzed every iteration of the eligibility statute since 1790. She said the conclusion was that it could not be clearer that the U.S. Supreme Court is unconstitutionally applying the law, because “there are no exceptions” in the statute, and never have been.
With the Court and Congress seemingly stymied, “all the action [on 101] will be at the USPTO,” Jones said.
yep, for OOB.
yep
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The Path Forward from American Axle: Discussing Legislative and Agency Rulemaking Fixes to Section 101
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STEVE BRACHMANN
18 HOURS AGO 5
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“The brilliance of the 1952 Patent Act was to separate the bases of invalidity into their own lanes, each with a separate standard of analysis… [Recent] Section 101 cases move us backward, mushing up patent eligibility again.” – Andrei Iancu, Irell & Manella
American Axle
From left: Benjamin Cappel, Wen Xie, Andrei Iancu and Brandon Helms
Last year, there was a great amount of confidence among those in intellectual property circles that the U.S. Supreme Court might finally provide some much-needed clarity to Section 101 subject matter patentability after a petition for writ of certiorari was filed in American Axle v. Neapco Holdings. On the second day of IPWatchdog LIVE 2022, panelists at the breakout session titled “Where Do We Go From Here on Patent Eligibility After American Axle” discussed what opportunities were left for fixing patent eligibility law after the Supreme Court denied cert in that case.
Must Inventors Defy the Laws of Physics to Obtain a Valid Patent?
Benjamin Cappel, Partner at AddyHart P.C. and moderator of this panel, began by asking panelist Andrei Iancu, former Director of the U.S. Patent and Trademark Office (USPTO) and currently Partner at Irell & Manella, whether the Federal Circuit’s majority decision in American Axle requires an inventor to defy the laws of physics in order to obtain a patent valid under Section 101. Though seemingly absurd, many have argued that this would be the result of the Federal Circuit’s reasoning that the use of Hooke’s law in a patented method of manufacture directed the patent claims toward an unpatentable law of nature. Iancu cautioned that the logical conclusion of American Axle swallows all of patent law in just the way that Supreme Court Justice Clarence Thomas warned against in his authored opinion in Alice Corp. v. CLS Bank International (2014). “The real question is, what’s the overall broad-based implication of American Axle?” Iancu asked, adding that the answer to that question won’t become clear until lower courts start applying the Federal Circuit’s decision in other cases.
The panelists at this IPWatchdog LIVE session largely agreed that the Supreme Court’s denial of cert in American Axle suggested that the nation’s highest court was signaling an end to its interest in Section 101 issues, a subject into which the Court has waded numerous times over the past 15 years. Panelist Brandon Helms, Partner at AddyHart, opined that the Supreme Court is probably not going to be the avenue through which Section 101 will be fixed. As Iancu noted, recent Supreme Court case law is eliding different statutory sections of patentability in a way that drags the United States’ patent system back by about 70 years:
“The brilliance of the 1952 Patent Act was to separate the bases of invalidity into their own lanes, each with a separate standard of analysis. That has done great work to clarify patent law… The Section 101 cases move us backward, mushing up patent eligibility again. If a patent is claimed broadly or vaguely, that’s a Section 112 issue and people know how to do a Section 112 analysis. Let’s keep the statutes in their own lanes, then we could have a better way to perform these analyses.”
Mixed Reactions on Tillis’ Patent Eligibility Bill From Panelists and Attendees
Wen Xie, another panelist and Partner at Global IP Counselors, pointed out one salient issue with the patent eligibility framework left behind by Alice, specifically Step 2 of the Alice test in which a court looks to whether a patent’s claims are directed to subject matter that is well-understood, routine or conventional. “The problem is that Section 101 is silent as to how to establish that a claimed invention is well-understood, routine or conventional,” she said. As a result, Section 101 invalidity determinations are entirely discretionary and allow for opinion-based decisions that incorporate none of the evidentiary tests required for other statutory patentability requirements.
Some heated discussion from the panel’s attendees began to develop as the panel’s discussion veered in the direction of potential legislative fixes to Section 101, especially the recent patent eligibility bill proposed by Senator Thom Tillis (R-NC). While panelists, especially Iancu, felt that Tillis should be lauded for wading into those difficult waters, Paul Morinville of inventor advocacy group US Inventor told the panel that the current language of Tillis’ bill, which includes patentability exceptions, is drafted in such a way that it likely excludes artificial intelligence and other critical emerging areas of technology from patentability. Xie agreed that the bill’s language was problematic for those technology sectors by creating a test similar to the Federal Circuit’s machine-or-transformation test rejected by the Supreme Court in Bilski v. Kappos (2009). If the test in Tillis’ bill is construed as requiring a machine to execute behaviors to meet Section 101 patentability, then Xie agreed that many AI systems would fail the patentability standard.
Can Strategic Amicus Filing Get the CAFC to Defer to USPTO Guidelines?
One of the panel’s most intriguing ideas came from attendee Susan Braden, former Chief Judge of the U.S. Court of Federal Claims. Although the Federal Circuit has proven itself impervious to USPTO guidelines on subject matter eligibility, especially in Cleveland Clinic, Judge Braden noted that, in other contexts, federal courts have voluntarily subjected themselves to agency guidance in resolving legal disputes. She pointed out that, within the antitrust context, federal courts regularly defer to horizontal merger guidelines promulgated by the U.S. Department of Justice without performing any further analysis beyond those guidelines. While Judge Braden disagreed that more amicus briefing overall might push the Federal Circuit in the proper direction on Section 101 law, she felt as though some strategic amicus briefing on this point could encourage the Federal Circuit toward deference to the USPTO’s patent eligibility guidelines. Judge Braden also encouraged the room to read a recent Wall Street Journal article by former Attorney General Michael Mukasey speaking on the national security implications of the uncertain state of patent eligibility law. “Our argument to Congress should focus on that and what we need to do to straighten out the law for the sake of national security,” she said.
“If I were advising the USPTO, I’d tell them not to try to fix Alice by talking about Alice,” Xie said on the subject of updating the agency’s patent eligibility guidelines. She suggested that the creation of special examination procedures for applications in areas that are particularly susceptible to Section 101 rejections, such as cloud computing. Bob Stoll, another session attendee and Partner at Faegre Drinker, countered that such agency rulemaking likely runs afoul of the Agreement on Trade-Related Aspects of IP Rights (TRIPS), which could put U.S. corporations at risk of international intervention in technology sectors where the nation is trying to achieve global dominance.
Iancu: Other Patent Systems Have Developed a Workable Eligibility Framework
Though there was some dissension from the inventor advocates attending this particular session, especially on the subject of Tillis’ bill, Helms noted that their words were not lost on the panelists and other lawyers in attendance, many of whom work with independent inventors. Inventor and IP owner Doug Pittman urged those in attendance to instead support the Restoring America’s Leadership in Innovation Act introduced last year by Representative Thomas Massie (R-KY).
Perhaps the session’s most encouraging words came from Iancu, who argued that a workable framework on the subject matter eligibility question has already been developed by many countries that have implemented a national patent system. At a high level, these national frameworks include a broad statement on patentability akin to the traditional construction of Section 101 within the U.S. prior to recent patent eligibility case law. Those permissive statutes are then qualified by a series of exceptions for unpatentable subject matter like mathematical formulas or products found in nature. However, Iancu underscored the critical nature of these exceptions as per se exceptions, at which point courts in those foreign jurisdictions look at whether the claimed patent makes a practical use of those per se exceptions. Such a framework would support patent eligibility for critical segments of technology like cryptography, which makes heavy use of mathematical formulas, without running afoul of Federal Circuit case law on Section 101. “We’re the oldest modern patent system in the world, but the last to figure out a working patent subject matter eligibility framework,” Iancu said.
Lets go ,Recaf
It's getting hot in here.
not trying. You see what you see. Old friend.
Eliminating the Jargon: An Alternative Proposal for Section 101 Reform
On August 3, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022, S.4734, which would amend the U.S. Patent Act to clarify the patent eligibility of certain technologies under 35 U.S.C. Section 101. Few would disagree that the current state of eligibility jurisprudence is in “abysmal shambles”, and recognizing that U.S. eligibility law needs changing comes from both side of the aisle, as Senator Chris Coons (D-DE) has long questioned the court-made exceptions to patent eligibility….. I have extensively followed the developments of 101 jurisprudence in the courts and the efforts of those in Congress to enact statutory changes to Section 101. In so doing, I have contemplated how Section 101 could be improved, and thus my proposal regarding how to revise the statutory language follows.
.. I have extensively followed the developments of 101 jurisprudence in the courts and the efforts of those in Congress to enact statutory changes to Section 101. In so doing, I have contemplated how Section 101 could be improved, and thus my proposal regarding how to revise the statutory language follows.