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Results 1-20 of 24 for Raymond Van Dyke.
TECHNOLOGY LAW CORNER

A Dream of America’s Forefathers

Last week marked the 224th anniversary of the U.S. patent system, an institution designed and brought forth to promote progress in the fledgling nation. Despite its value for more than two centuries, that system is under attack ...

TECHNOLOGY LAW CORNER

Playing Fair in the Patent Game

Since the U.S. has a strong identification with the principle of due process, it is clear that something needs to be done to make the patent process fair. Small companies and individual inventors do not have the funds to play this game, particularly in view of the great governmental fee increases in the recent America Invents Act. Without fairness in the process, innovation and America suffer. Raymond Van Dyke is a Patent Attorney and Educator in Washington, DC...

TECHNOLOGY LAW CORNER

Breaking Bad Patents

In AMC's Breaking Bad, high school chemistry teacher Walter White, although starting out as a protagonist, descends into depravity and ruin. Clearly, not all high school chemistry teachers are Walter Whites. Similarly, not all scientists, innovators and patent owners are evil. Yet Congress, at the urging of lobbyists, is ready to label many innovators and patentees as "patent trolls," categorically unworthy of participating in the patent process and subject to stiff penalties...

TECHNOLOGY LAW CORNER

Patenting Future Cures – or Not

In a hotly contested case, Association for Molecular Pathology v. Myriad Genetics, the Supreme Court on Thursday unanimously decided that some of Myriad's patent claims were invalid for claiming products of nature. However, the Court also held that other Myriad patent claims were perfectly valid. ...

TECHNOLOGY LAW CORNER

Caveat Inventor: The New Patent Paradigm

The most significant change to U.S. patent law since 1836 -- or perhaps 1790 -- is being implemented on March 16, 2013. Part of the America Invents Act of 2011, it concerns the doctrine of first-to-invent, laws concerning the protection of original inventors, regardless of whether they were the first to apply for a patent. ...

TECHNOLOGY LAW CORNER

Planting Seeds of Injustice

At the oral argument in Bowman v. Monsanto, Chief Justice Roberts cut off Bowman's attorney seconds into his delivery, questioning his thesis, which undermined the purposes of patent law. "Why in the world would anybody spend any money to try to improve the seed if as soon as they sold the first one anybody could grow more and have as many of those seeds as they want?" ...

TECHNOLOGY LAW CORNER

Getting to the Root of Patent Exhaustion

Patent laws remain in the crosshairs, despite the passage and near final implementation of the infamous America Invents Act of 2011. The Supreme Court is again hearing a case that has far-reaching implications for future innovation in self-replicating systems in fields such as nanotechnology, cell and DNA lines, new medical treatments and others. The case being heard Tuesday is Bowman v. Monsanto...

TECHNOLOGY LAW CORNER

Software Patents Shrugged

In the latest film installment of Ayn Rand's influential novel, Atlas Shrugged, the government has taken the drastic step of seizing all patents, as well as copyrights, for the public good, under the so-called Fair Share Act. Although the U.S. government has not officially taken such a drastic step, some economists and advisors have recently advocated the abrogation of patent rights for industries involved with software. Indeed, some argue that software patents are deleterious to the public good...

TECHNOLOGY LAW CORNER

An Apple Judgment Today Keeps Infringement at Bay

In a heavily anticipated verdict, a jury last week found Samsung guilty of patent infringement and ordered it to pay over US$1 billion to Apple. This victory for Apple in the smartphone wars is a warning to others who may desire to copy the look and feel of the Apple designs. ...

TECHNOLOGY LAW CORNER

50 Shades of Patenting: Third-Party Submissions

Just as the erotic adventures of E.L. James fill the book shelves, the Federal Rules promulgate a different form of torture onto Americans, willingly or not. ...

TECHNOLOGY LAW CORNER

Alice in Patentland

The complexities of modern life amuse us, confuse us and confound us. The vast majority of people using computers and smartphones have hardly a clue as to their inner workings. These devices are a mystery. They are magical, and we are much like Alice in this technological wonderland ...

OPINION

Patents Shrugged Redux

More than 50 years ago, Ayn Rand graphically illustrated the collapse of an economic system that failed to reward individual initiative. In Atlas Shrugged, innovators are penalized for their creativity, and their rewards are indiscriminately distributed to the worthy and unworthy, leading inevitably to the breakdown of the entire economic system ...

TECHNOLOGY LAW CORNER

Bilski Brouhaha: Supreme Court Keeps Stevens at Bay

The Bilski v. Kappos Supreme Court case was the latest skirmish in the ongoing war over the scope of patents. On the one side are purists who want the patent statute open to new technologies, and on the other are those who wish to see the patent laws more curtailed -- and particularly that the patentability door be closed on certain technologies. In a highly fractionated opinion, the Supreme Court refused to close that door but still left us in limbo...

TECHNOLOGY LAW CORNER

Harry Potter and the Deathly Derivative

With a gavel instead of a wand, New York District Judge Robert Patterson on Monday found publisher RDR Books and Steven Vander Ark guilty of infringing the copyrights of J.K. Rowling and moviemaker Warner Brothers Entertainment ...

TECHNOLOGY LAW CORNER

Quantum Slippage: The First Sale Doctrine in the 21st Century

The Supreme Court on Monday continued its trend toward restricting patent rights with its ruling in the Quanta Computer v. LG Electronics case. In the unanimous opinion written by Justice Clarence Thomas, the Court addressed a seemingly simple principle called "patent exhaustion." In other words, what restrictions can patent holders place on products that are sold?...

TECHNOLOGY LAW CORNER

No April Fools Joke: Patents in Peril

Last Halloween, the intellectual property community was mesmerized by the preliminary injunction hearing on the motion filed by GlaxoSmithKline and others to enjoin the Patent Office on the very eve of enactment of new rules. At issue was a draconian rules package that placed serious restrictions on patentees, hampering their patenting efforts ...

TECHNOLOGY LAW CORNER

Patent Exhaustion: Supreme Court Fatigue?

On Wednesday, the Supreme Court will hear an argument in the Quanta v. LG Electronics case. The issues involve some interesting patent doctrines and their interplay with technologies of today ...

OPINION

Patents Shrugged

Fifty years ago, novelist and philosopher Ayn Rand wrote of a society that hindered innovation and stifled the creative spirit. Atlas Shrugged told of a society where individual effort went unrewarded, where technological advancement was thwarted by short-term greed, and where the governments failed to serve the greater public good. Although fiction, some of these societal concerns are mirrored in various proposed changes to the patent laws under consideration today...

TECHNOLOGY LAW CORNER

Supreme Court Signals Balance Shift in Licensing Patents

The Supreme Court on Tuesday handed down a decision that affects the value of licenses for patents ...

TECHNOLOGY LAW CORNER

Obviousness Is Not So Obvious

Tuesday at the U.S. Supreme Court, the justices heard arguments concerning a basic tenet of patent law. In addition to being new, any invention for patent must be deemed "nonobvious" over what is already known; i.e., the innovation must represent some technological advance -- even if slight ...

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