Tag: Attorney

Why patent defendants hate East Texas (Part 1)

Why do patent defendants say such bad things about the U.S. District Court for the Eastern District of Texas? I asked this question of Michael C. Smith, the noted lawyer and blogger from Marshall, Texas. To prime the pump, I noted Texas Monthly calls his hometown “the intellectual property equivalent of a speed trap, a […]

3 criteria for @realDonaldTrump for new Director of Patent Office

The President-Elect @realDonaldTrump and his transition team @transition2017 are working on appointments to his new Cabinet. One of the chairs is reserved for the new Secretary of Commerce. Following close on Commerce’s heels will be appointment of a new Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO […]

How long should a patent claim be?

House counsel for a large software company has written an open letter to me titled Pursuit of Extremely Short Patent Claims. He has thrown down the gauntlet in a public forum. Here’s what he said to me, followed by my response. 

Three Takeaways from Computer Chip Patent Wars

On April 25, 1961, Robert Noyce, then of Fairchild, was issued U.S. Patent 2,981,877 for the first silicon-based integrated circuit. The earlier-filed patent application of Jack Kilby of Texas Instruments (TI) was still in the queue at the U.S. Patent Office. In the end, Intel would become Fairchild’s heir and boast annual sales of over $50 billion, leaving […]

How to get lucky in basketball and in patent cases

Luck, resources, or skill: Which factor is most important in basketball? In patent cases? In basketball, one counts on a bit of luck as the ball rolls around the rim. Talented players are the key resources. For skill, look at the coaches. In patent cases, judges and juries are drawn randomly. The top resources—and the biggest liabilities—in patent cases are the facts. The skill […]