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!)
[My EFF colleague Katharine is back with a very important message about a singularly stupid and dangerous legislative proposal that is steamrolling through Congress; even by the standards of stupid and dangerous Congressional copyright rules, this one is an exception -Cory] Every year, for a couple of years now, Congress has debated passing some version […]
In my latest podcast (MP3), I read my Green European Journal short story about the terrible European Copyright Directive which passed last March, False Flag. Published in December 2018, the story highlights the ways in which this badly considered law creates unlimited opportunities for abuse, especially censorship by corporations who've been embarassed by whistleblowers and […]
Canada's Conservative Party is terrible, and it has terrible policies, and it will be terrible for Canada if they are elected. I already voted against them with my mail-in ballot. That said, the CBC is 100% wrong to sue the Tories for copyright infringement over the inclusion of short debate clips in Conservative campaign websites […]
Whether you own or rent your place, insurance on that home is a necessary hassle – but a new tech-driven company called Lemonade is starting to show that while it might indeed be a necessity, it doesn’t have to be a hassle. Here’s the way insurance typically works: You pay premiums and hope an accident […]
People tend to keep luggage around for a long time. And why not? New suitcases are pricey, and no matter how banged up or patched up that old bag gets, it still holds your clothes. Right? Maybe not. Here are 15 travel bags and accessories that make a strong case for upgrading your gear. They’ve […]
Do you own a Mac? Unless you’re using it for a paperweight, you almost can’t afford not to get the Magnificent Mac Bundle. It’s a roundup of some truly essential security and file management apps, bundled up with great photo and video enhancers. The best part is that all nine apps are potentially available for […]