Mutant Rob sez, "This is a NY Times article that refers to a paper which says 'Since 2000, patent judges have been appointed by a government official without the constitutional power to do so.' This could 'undo thousands of patent decisions concerning claims worth billions of dollars.'
Charles Miller, a spokesman for the Justice Department, said the government had no comment. “There is really nothing we can say at this time,” he said.
But the Justice Department has already all but conceded that Professor Duffy is right. Given the opportunity to dispute him in a December appeals court filing, government lawyers said only that they were at work on a legislative solution.
They did warn that the impact of Professor Duffy’s discovery could be cataclysmic for the patent world, casting “a cloud over many thousands of board decisions” and “unsettling the expectations of patent holders and licensees across the nation.” But they did not say Professor Duffy was wrong.
If it was a legislative mistake, it may turn out to be a big one. The patent court hears appeals from people and companies whose patent applications were turned down by patent examiners, and it decides disputes over who invented something first. There is often a lot of money involved.
(Thanks, Mutant Rob!
Epic copyfighter fashion snark from Techdirt: $20, cheap!
Earlier this month, I gave the afternoon keynote at the Internet Archive’s Decentralized Web Summit, and my talk was about how the people who founded the web with the idea of having an open, decentralized system ended up building a system that is increasingly monopolized by a few companies — and how we can prevent the same things from happening next time.
In May, Facebook division Oculus broke its longstanding promise not to use DRM to limit its customers’ choices, deploying a system that prevented Oculus customers from porting the software they’d purchased to run on non-Oculus hardware.
Some truths are universal. For one, your phone will always run out of power when you most need it. For another, the charging cords that come packaged with your Apple device will fray, split, and rip faster than Usain Bolt in a game of tag.Instead, pick up a charging cord that anyone would have a tough […]
Some people say magic tricks are nerdy and best left to your 12-year-old asthmatic cousin. But others see value in perfecting the slight of hand and showmanship associated with a perfectly executed routine. We’re firmly in the latter camp. And now, we’re giving you the ability to put a few parlor tricks up your sleeve with the Penguin […]
Bluetooth speakers may be convenient to use, but many of them just aren’t that powerful. Sure, it may be fine if you’re seated in front of the speaker. But move across the room, and you may strain to hear what’s coming from those tiny drivers.There’s a reason why the G-BOOM Wireless Bluetooth Boombox (now $79.99 in the Boing […]