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« Hricik: Why Section 101 is Neither a "Condition of Patentability" nor an Invalidity Defense |
| Bits & Bytes from Jonathan Hummel »
September 19, 2013 is Missouri's annual Tech Expo here at the University of Missouri. [http://motechexpo.missouri.edu/] Sponsors include both the Polsinelli law firm and Dentons.
Posted on Sep 18, 2013 at 08:18 AM | Permalink
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Is there an official T-shirt?
Ive got an idea for one:
"Writing your own software to process information is killing the Internet start-up industry.
[image of computer monitor with crossed bones underneath it]
And it's illegal."
It'll be an instant classic.
Sep 18, 2013 at 05:05 PM
Max if that is not turning on him, I don't know what is.
Sep 20, 2013 at 06:33 AM
I read a good chunk of Lemley's paper on functional claiming. I had to put a clothes pin on my nose. Missing, of course, is the most fundamental analysis and the most important---how would PHOSITA interpret the claims.
And, guess what, Lemley, they are not functional claims they specify a definite set of solutions that is very large, but definite.
Sep 20, 2013 at 07:35 AM
guess what, Lemley, they are not functional claims they specify a definite set of solutions that is very large, but definite.
More like an infinite set without any meaningful limitations other than the desired functionality. But keep repeating your script. You've been very successful so far.
Sep 20, 2013 at 10:06 AM
The "keep repeating your script" meme is now officially a stale script.
Y A W N
Better tr011ing please.
Sep 20, 2013 at 10:17 AM
MM: do you want to put some money up for something like this? It is actually something that could be done in a factual basis. The fact is that those so-called functional claims connote structure and to one skilled in the art a definite set of solutions.
It is--without question--destructive of our system of law to be falsely asserting otherwise.
Sep 20, 2013 at 10:23 AM
That is why Lemley is a very destructive force in patent law. He has no qualms about making false assertions--and I would argue he is doing it knowingly in law journals.
You do know what libel is, right?
Sep 20, 2013 at 11:47 AM
Please feel free to explain how truth folds into libel.
Sep 20, 2013 at 11:57 AM
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Jason Rantanen, Associate ProfessorUniversity of IowaCollege of LawSSRN Articles
Occasional guest posts by IP practitioners and academics