From New York Times, 27 September page A7: "An Italian lawyer has been charged with fraud and false representation because she is suspected of having her identical twin sister fill in for her during court hearings. The lawyer, was also a part-time judge near Milan, helping other judges
with heavy caseloads. But when she had to fill both roles, she twice sent her sister, who is not a lawyer, in her place, collecting legal fees even when she was elsewhere. The sisters will be tried next month.
Saturday, October 25, 2008
Thursday, October 23, 2008
The Supreme Court is likely to sideline patent cases
The 29 September issue of Barrons has an article by their D.C. reporter, Jim McTague, on patent issues at the Supreme Court next year. He got his gossip from Seth Waxman (author of one of the more scientifically-poor anti-Bilski briefs) of Wilmer Hale. McTague writes:
... points out that the [Supreme Court] has an unusual docket because,
for the first time, there are no patent cases scheduled [for the
2008-2009 term]. Not only are patent cases a regular feature of the
court's calendar - they also represent the most significant body of
law for U.S. business today.
Is that really true - patent law is the "most significant body of law"? If so, that's ironic, because much of patent law governs the activities of one of the most significantly mismanaged government agencies - the PTO. Maybe there would be less of a need for patent caselaw if the PTO was run by professionals. McTague writes further:
... thinks the Supremes want to give the lower courts and the U.S.
Patent and Trademark Office time to digest prior decisions and
actions now making their way through the lower courts, including
attempts to patent business processes.
The Supreme Court is passing on patent cases while the justices take some remedial college courses on basic science and engineering.
Wednesday, October 22, 2008
A rehearsal for writing claims
In Europe , with its stuffy, literary, and sanctimonious bragging style of patent claims, characterized by refers to the point of innovation. Here in US we claim the aspect of invention by using having or featuring.
Again, first time you mention something it is always a, otherwise an examiner will return a no antecedent basis response.
Consider a dependent claim: Anything introduced there in the preamble is henceforth (in the claim or independent) the. Anything introduced after the preamble is said.
Identification is a noun. Identifying is a verb. Steps in a method claim are verbs.
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