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!
This week, the scholarly publishing giant Elsevier filed suit against Sci-Hub and Library Genesis, two sites where academics and researchers practiced civil disobedience by sharing the academic papers that Elsevier claims — despite having acquired the papers for free from researchers, and despite having had them refereed and overseen by editorial boards staffed by more […]
Sarah Jeong had me standing up and cheering with her comparison of kudurrus — the ancient Mesopotamian boundary stones used to mark out territorial land-grants — and the way that laws like the US DMCA protect digital rights management systems.
Mélanie Joly is the newly appointed Canadian Heritage Minister, and she’s been given a briefing book by her ministerial staffers laying out the ministry’s view of what’s going on in the Heritage brief. The book’s copyright section is a disaster.
The Micro Drone 2.0+ is truly in a league of its own, offering a new perspective on aerial photography, and a world of technological capabilities that make flying ridiculously fun. Simply throw it in the air at any angle and its self-correcting algorithm will stabilize for smooth sailing in no time. You’ll stay entertained with […]
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This minimalist multi-tool will see to it that instead of rocking a tool belt, you’ll carry just one. It’s shaped slightly like a key and weighs less than an ounce, so it plays nice with your keychain. The strong surgical-grade stainless steel blade will last, and is handy for everyday tasks like opening boxes and […]