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Of the IBM plan for application disclosure, Andrew Charlesworth of vnunet writes in an article titled IBM tackles US patent chaos : One aspect of IBM's new patent procedure will be to publish innovations online that it plans to patent six months before filing. If IBM is planning to disclose patent applications on the internet six months before filing patent applications at the USPTO, that would be remarkable. Don't think it's true, though. The article also states: Currently, the PTO publishes patent applications for two months, 18 months after they have been filed. IPBiz notes that one can find anything that one wants on the internet. The vnunet article includes: "The centrepiece of this policy, and our actions to support it, is based on the principles that patent quality is a responsibility of the applicant," said Dr John Kelly, senior vice president for technology and intellectual property at IBM. "These principles are as relevant in emerging regions of the world as they are in more mature economies. "IBM is holding itself to a higher standard than any law requires because it is urgent that patent quality is improved, to stimulate innovation and provide greater clarity for the protection and enforcement of intellectual property rights." For more on grant rates and patent quality, see 88 JPTOS 726. buy cilais cheap cialis Cheap Viagra cialis

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After having sued others over patents, Digeo has now been sued by Gemstar-TV Guide. From Reuters: The lawsuit says Digeo's Moxi interactive program guide infringes Gemstar-TV Guide's interactive program guide patents. The suit also accused cable operator Charter Communications of deploying Moxi guides. Gemstar said it filed the lawsuit on Friday after negotiations over a patent license for Digeo failed and the company filed an antitrust lawsuit against Gemstar. *** Gerry Van Zandt emailed the following information: Digeo has not seen a copy of the complaint and, therefore, cannot comment on it. [IPBiz note: under federal law, a complaint (in federal court) can be filed with the court well in advance of service on the defendant.] Gemstar

Tags: gemstar, guide, digeo, lawsuit, filed

Like the macaws, blogger / blogspot is laying down on the job. It appears that IPBiz was inaccessible from about 7pm through about 11pm on Saturday, Oct. 21, 2006. Separately, Google indexing of IPBiz is woefully incomplete. For example, posts on how an article was plagiarized are no where to be found: http://ipbiz.blogspot.com/2006/08/ -or-how-edison-got.html http://ipbiz.blogspot.com/2006/09/plagiarism-at-bangalore-university.html IPBiz is not expecting Google's faulty indexing to improve: Meanwhile, in the Ohio University plagiarism business, AP reports that two Ohio University doctoral students accused of plagiarizing their master's theses must rewrite their papers [MS theses]. Three cases of 37 have been decided; the remaining cases have yet to be decided, said OU Provost Kathy Krendl. **Also on plagiarism, and laying down on the job** As noted earlier on IPBiz, an article originally intended for Intellectual Property Today and later published on an ezine was later plagiarized word-for-word. I attempted to write about the plagiarism on an ezine. Here is some communication from me on the point: Just to confirm, I don't understand your position at all. I have brought to your attention the fact that someone has completely plagiarized an article written by me that appears on the ezine, and you are "unable" to publish on the ezine the fact of the plagiarism? You have got to be kidding! viagra cheap cialis generic viagra online Cheap Viagra

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Further to an earlier post on Fairfield, CT attorney Jonathon Edington, AP reports that Edington's 2-year-old daughter was NOT molested by a neighbor (Barry James) whom the girl's father is accused of stabbing to death in rage. Capt. Gary MacNamara: "We're confident this 2-year-old was not molested. We are confident in our investigation that Mr. Edington did in fact kill Mr. James. " ***Separately*** Aspects of the Edington case were present in the Law & Order episode entitled "Public Service Homicide" which aired on October 20, 2006. The analog of the victim Barry James in the Edington case was one Carl Mullaly, who was stabbed to death. Unlike in the Edington case, the victim on Law and Order had been exposed on a tv show "Hard Focus," which bore similarity to certain recent episodes of NBC's Dateline. In Law & Order, there was a neighbor (Evan Fleming) who had a daughter. The character Fleming was a doctor, rather than a patent lawyer. On Law & Order, the neighbor doctor was not the murderer. On Law & Order, there was also an organization ScumWatch. Curiously, the police on Law & Order conveyed lines not supportive of "Hard Focus": "train wreck tv" and "problem with your show inciting violence." As the episode of Law & Order progressed, it became apparent that "Hard Focus" had significant involvement in the murder. It turned out that the true murderer (Hannah Welch) had significant involvement with the producer of Hard Focus, Elle (L.A.?) Harper. Harper was working on a different show "Confront and Heal," and had identified Welch as one who had been raped by Mullaly. McCoy noted: The distinction between news and entertainment is not so clear. Planting pseudonews on the news without disclaimer is not proper [IPBiz: reminds one of the July 28 "news of the week" in Science; see 88 JPTOS 743]. An event where one of the participants is trained, paid, and armed by the producer is not journalism. It's not entertainment; it's murder. Harper was convicted of second degree murder. There was even an IP angle in the show. The lawyer for Hard Focus initially objected to turning over tapes to the prosecutor on the basis that they contained trade secrets. Law & Order also mentioned Krav Mega.

Tags: edington, molested, murder, patent, year

Jesse Drucker of the Wall Street Journal confirmed that the cite for the Turlington "Capone" article is Section 704(c) and Partnership Book-Tax Disparities, The Ceiling Rule and the Art of Tax Avoidance, 46 Inst. on Fed. Tax'n 26 (1988). No word from IBM on whether changes to the Merck Turlington-shell company approach are what IBM had in mind concerning patent reform. [IPBiz post 2102] generic cialis cheap cialis buy cilais Generic Viagra

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Of the apparent disparity between IBM efforts in patent reform and IBM's patent suit against Amazon, InformationWeek has the following quote: IBM's top attorney for intellectual property rights acknowledges his company's position can seem contradictory and confusing. "We've referred to our patent policy as apparent schizophrenia," David Kappos says. Yet he maintains that "on a deeper level, our actions are consistent." [Also -->] Tech vendors, IBM and Microsoft principal among them, are trying to change things they don't like about the patent process. In addition to giving away patents to the open source community, IBM wants all patent applications to be subject to public review. And it's urging Congress to do away with patents--including some of its own--based on so-called business methodologies that lack technical merit. But in suing Amazon, IBM promised to "aggressively defend" its intellectual property and hunt down other companies it thinks are using its IP without permission. IBM says it tried unsuccessfully to negotiate a licensing deal with Amazon for four years before filing suit. Amazon declined to comment. The Information Week article also contains the following: U.S. Patent And Trademark Office Proposes limiting to 10 the number of times patent applicants can request a re-examination of their applications and the number of individual patent claims contained in any single application IPBiz asks: is anyone awake at Information Week? Or have they joined with Science in dispensing pure glop about patent law (see 88 JPTOS 743)? Yes, there is a reference to Lerner: "There are some pathologies in the system that need to be dealt with," Harvard Business School professor Josh Lerner says. "Patents have become too powerful and too easy to get" for an economy that's increasingly information-based, Lerner says. Yes, Information Week does note the dichotomy with IBM: IBM's strategy is to be an IP benefactor to the tech industry when it's in IBM's interest, while staunchly defending its IP rights at other times. That's hardly reassuring to entrepreneurs and startups that risk a run-in with IBM as they develop new products. IBM holds about 40,000 patents worldwide for everything from how to display ads online to the creation of an Internet checkout system. IBM patents cover "most of, if not all, e-commerce," senior VP John Kelly told The Wall Street Journal last week. Yes, there is further confusion about the patent system: What's setting off alarms in some quarters is the fact that personalized recommendation systems are widely used, and they can be generated in a number of different ways. "These kind of lawsuits hurt our whole industry," says Mary Hodder, CEO of Dabble.com, an online video-sharing service. She thinks the patent process needs tightening to prevent what she considers a proliferation of nuisance suits. "Most of the patents they grant are really for simple and basic concepts and ideas, not complex and innovative processes, which is what they're supposed to be allowing ," Hodder says. Yes, there is mention of Rivette: Last year, IBM hired Boston Consulting Group patent expert Kevin Rivette as VP for intellectual property. Rivette is author of Rembrandts In The Attic (Harvard Business School Press, 1999), a primer on how companies can profit from their IP assets. Palmisano created a technology and intellectual property unit within IBM under senior VP Kelly, dedicated to finding new markets for the fruits of its research. There is discussion of the Peer-to-patent project: Other critics suggest the vendors' moves are aimed at cementing their advantages at a time when they face rising competition from startups. In an August essay, Harvard Law School professor and tech entrepreneur James Moore argued that the collaborative patent review process proposed by IBM, Microsoft, and others will result in fewer patents being issued because it will give examiners more ammunition to shoot down applications. "If fewer patents are issued, but existing patents are not revoked, IBM and Microsoft win because they already possess vast existing portfolios," Moore writes. IPBiz notes: It is already true that fewer patents are being issued. Further, the re-examination process is still around. ** See also http://ipbiz.blogspot.com/2006/10/ibm-goes-after-amazon-nyt-mentions.html cialis buy cheap cialis viagra buy cilais

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Many of the Sunday morning news shows on Oct. 29 talked about the stem cell initiative in Missouri. Although you won't find it by searching Google, IPBiz has discussed the matter (for example, here. Much discussion concerned an ad by Michael J. Fox. According to the AP, the ad was on behalf of Senate candidate Claire McCaskill: Amendment 2 would provide constitutional protections for embryonic stem cell research in Missouri. The 30-second spot featuring Fox, 45, who sways uncontrollably in the ad due to his Parkinson's disease, is actually a commercial for Democratic U.S. Senate candidate Claire McCaskill. The AP story also noted: "That ad claims opponents want to criminalize research and prevent the expansion of stem cell research. Those claims are just false and misleading," Ruse said. "Our gripe with Amendment 2 is it creates a right to do human cloning and it creates the right to human egg trafficking for cloning research." Of some historic relevance is the paper "The Scope of Public Discourse Surrounding Proposition 71: Looking Beyond the Moral Status of the Embryo," by Lysaght, Ankeny, and Kerridge. Arguments about Prop 71 were divided into political, ethical, and epistemological. Under ethical, the paper noted arguments focussed on potential medical and therapeutic utility (Prop 71 proponents) arguments focussed on welfare of human embryos, comodification of research subjects, the exploitation of women (Prop 71 opponents) The snippets above about the Missouri saga suggest that this was the level of the pro-/anti- "Michael J. Fox" discussion. One notes that the Lysaght paper stated: "None of these ethical issues were covered in any great detail in the mass media..." The paper also stated: "The scientific and research communities tended to be more hesitant in arguing for the clinical benefits of stem cell research..." The paper did not note that the proponents for Proposition 71 enjoyed a tremendous advantage in funding over those opposing Proposition 71. The paper did not note that both the Sacramento Bee and the San Diego Union-Tribune opposed Proposition 71. buy cheap cialis Cheap Viagra cialis cheap viagra

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Sun setting on nanotechnology patents??? Jon Van of the Chicago Tribune, in an article Slow patent process hurts nanotech progress; Financial backers wary of 4-year filing period presents the quote: "The impact is one of perception. When you don't get a response from a patent application filing, you don't know what else is going on." There is also text: Bruce Kisliuk, director of a patent examining group at the patent office, said the agency does face a growing backlog across all areas. "We have 700,000 applications in the pipeline," Kisliuk said. "Some are for nanotech, some not. This backlog isn't unique to nanotech." Last year, the office issued fewer patents than usual because of an initiative to improve patent quality, Kisliuk said. Note the following text about the hiring of examiners: After years of being starved for resources, the office, which has had around 4,000 examiners, hired 1,200 new ones, bringing its total strength to nearly 4,800 examiners. Another 1,200 are due to be hired this year, he said. IPBiz notes that 4,000 + 1,200 = 5,200, not "nearly 4,800." See also an earlier IPBiz post on problems of employee retention at the USPTO: http://ipbiz.blogspot.com/2006/08/examiner-hiring-and-retention-at-uspto.html Separately, recall the numerous patents in the area of buckyballs and fullerenes which issued in the 1990's and went no where. cialis generic viagra online buy cilais viagra

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Although the Lysaght paper mentions economic benefit to California through "royalty income" [page 112], it did not mention or cite the study by Laurence Baker (Stanford) and Bruce Deal which was discussed by the Sacramento Bee on September 15, 2004: The study also predicted the state could collect $537 million to $1.1 billion from patents and royalties resulting from successful research funded by the initiative. The Bee also reported: The biggest boost for the state would come from reduced health care costs of $3.4 billion to $6.9 billion annually, according to the study. Laurence Baker, a Stanford University health research and policy professor, and Bruce Deal, managing principal of the Analysis Group Inc., conducted the study and said those savings would come from treatments or cures for just six of the 70 diseases and conditions scientists believe stem cell research could help alleviate. The diseases they considered are among the most common and most likely to generate big savings: strokes, insulin-dependent diabetes, Parkinson's disease, Alzheimer's, spinal cord injuries and heart attacks. Opponents say such claims are highly speculative because embryonic stem cell research has yet to produce any treatments or cures. As IPBiz reported previously, Laurence Baker was present at the Princeton hosted symposium on the policy and economic implications of state-funded stem cell research. IPBiz noted: Baker and Deal's section begins at page 51. At page 70, there is an erroneous mention of the "17 year life" of a patent. Patent royalty revenue comes up on pages 70 and 71. IPBiz now queries: how "expert" are those who don't even know what the lifetime of a US patent is? cheap cialis Generic Viagra buy cilais cheap viagra

Tags: research, patent, baker, study, mention