The Electronic Privacy Information Center (EPIC) has filed a motion to intervene In United States v. Facebook

An article outlining the background and deficiencies in the settlement can be found at https://epic.org/privacy/facebook/epic2019-challenge/.  Links to the motion, the opposition of Facebook and the Government to EPIC’s motion and EPIC’s reply, among other FTC, and FOIA documents are provided.

The Electronic Privacy Information Center (EPIC) just released a scorecard rating privacy legislation currently pending

The report provides a good overview of privacy legislation currently pending.  See Epic’s Report here EPIC GradingOnACurve. Rather, EPIC ranked Senator Ed Markey’s (D-MA) Privacy Bill of Rights Act, S. 1214 Markey’s Privacy Bill of Rights Act, as the most comprehensive and responsive to current privacy threats.  The title of the report is noteworthy – […]

EPO to Amend Rules of Procedure of the Boards of Appeal (RBPA), effective January 1, 2020

The attached publication from the EPO EPO Appeal Rule Changes 1JAN2020 includes a chart showing the rule in its current form, the rule showing the proposed changes, and explanatory remarks. The amendments are mainly directed to case management and provides means to accelerate the appeal proceedings.  Acceleration can be requested by either party, or by […]

Wherein clauses are limiting on their face, more so if the specification and prosecution history support that they are material to patentability

USPTO requests comments on patenting AI inventions

In 84 FR 44889, the USPTO has requested comments on issues related to patenting inventions related to artificial intelligence.  Although the PTO states that any comments believed to be relevant are welcome, the Notice poses 12 questions in which the PTO is particular interested in answers.  Comments must be received on or before October 11, […]

Multiple components from the prior art cannot be pieced together to provide the structure and function of one claim recitation

I see this a fair amount, and actually just prepared a response last week where the Examiner had so construed a reference, and so this decision caught my eye. In Ex parte de Ceuster, the Examiner had combined two components of the prior art, a masking layer 2 and insulating layer 20, in order to […]

The broadest reasonable interpretation cannot in fact, be unreasonable.

Or, “Here, the something is a potato” In Ex Parte Barber, the Board reversed the Examiner on all grounds, and on one in particular, held that the Examiner’s broadest reasonable interpretation of the claim recitation “potato slice”, was unreasonable.  Specifically, the Examiner had construed a teaching of a dough that included potato flour, that was […]

Amazon held strictly liable in products liability case

In Oberdorf v. Amazon https://www2.ca3.uscourts.gov/opinarch/181041p.pdf, plaintiffs sued Amazon after the d-ring on a dog collar bought on Amazon failed, resulting in the retractable leash attached thereto recoiling back and hitting plaintiff in the face, permanently blinding her in one eye.  The 3rd circuit court of appeals reversed the district court and held that Amazon can […]

Claims directed to method of detecting a mutation in dog DNA held patent ineligible under §101

On August 9, 2019, the US Court of Appeals for the Federal Circuit so held.  The patent covered ways to genotype Labrador Retrievers for the presence of a mutation in the SUV39H2 gene associated with Hereditary Nasal Parakeratosis (HNPK).  The invalidated claims were directed to methods of genotyping and required only obtaining a biological sample, […]

Same Day Corrections to PCT application filings possible via ePCT

Provided that the Receiving office to which the applicant was submitted is an office that uses ePCT , same day corrections may be made to international applications filed using ePCT, up until midnight in the time zone of the receiving office.  https://pct.eservices.wipo.int/direct.aspx?T=EN&UG=4&N=612%20&timeoffsetcookie=1 If the incorrect or missing element was incorporated by reference in the international application, […]