Patent / Soft IP

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Patent / Soft IP

Post by Alpha » Fri Jan 26, 2018 7:43 am

Rabble rabble PTAB kangaroo courts

User avatar
Desert Fox
Posts: 3476
Joined: Thu Jan 25, 2018 3:19 pm

Re: Patent / Soft IP

Post by Desert Fox » Sat Jan 27, 2018 12:48 pm

SCOTUS needs to free us from that meddlesome PTAB.

User avatar
UVA2B
Moderator
Posts: 3023
Joined: Thu Jan 25, 2018 3:26 pm

Re: Patent / Soft IP

Post by UVA2B » Sat Jan 27, 2018 12:51 pm

Desert Fox wrote:
Sat Jan 27, 2018 12:48 pm
SCOTUS needs to free us from that meddlesome PTAB.
Screw D. Del!

User avatar
Desert Fox
Posts: 3476
Joined: Thu Jan 25, 2018 3:19 pm

Re: Patent / Soft IP

Post by Desert Fox » Sat Jan 27, 2018 12:53 pm

UVA2B wrote:
Sat Jan 27, 2018 12:51 pm
Desert Fox wrote:
Sat Jan 27, 2018 12:48 pm
SCOTUS needs to free us from that meddlesome PTAB.
Screw D. Del!
Andrews buttfucked me by setting a hearing the day after a holiday

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Mon Jan 29, 2018 10:27 pm

Desert Fox wrote:
Sat Jan 27, 2018 12:53 pm
UVA2B wrote:
Sat Jan 27, 2018 12:51 pm
Desert Fox wrote:
Sat Jan 27, 2018 12:48 pm
SCOTUS needs to free us from that meddlesome PTAB.
Screw D. Del!
Andrews buttfucked me by setting a hearing the day after a holiday
Andrews buttfucks everyone.

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Tue Feb 13, 2018 3:21 pm

What is patent eligible?

Supreme Court: Let's basically enact the pornography standard. You'll know it when you see it.

Entire patent bar: WTF is this shit?

Related rant: fuck 101 issues, generally.

guestbrah

Re: Patent / Soft IP

Post by guestbrah » Thu Mar 01, 2018 7:13 am

Adapting this post here from elsewhere.....



Anyone here in Patent Pros that might want to trade info/share experiences?

I'm coming up pretty close to the 2 year mark where I am. First firm post-grad, but summered at other firms.

For reference as to where I'm coming from: top 10 law school grad, OK tech credentials, at a small ish office of a large firm in a "secondary market" I guess you could call it. Base pay is a little below "Cravath scale" (is that what they still call it? I honestly don't talk to NYC lawyers at all anymore, and havent really read shit like ATL/TLS in prolly over a year at least). Bonuses are shitty, benefits are great. Mostly work in the EE arts.

My quality of life varies between amazing and outright horrible. For example, in the 4 weeks of Feb before this current week, my (unsubmitted, so they'll end up a bit higher too once all the rounding and stuff happens) hours went 55, 35, 63, 68.

IMO, I feel a 68 billable week is not a fun fucking week. That week included a double all-nighter cranking out a 113 page application to meet a submission deadline. Makes me contemplate peacing the fuck out sometimes. Also because of the small bonuses and "low" "billable" target, me and some of the colleagues I'm close with don't really feel rewarded for these kind of efforts. Oh yea, and this week looking like 70s at least, burning into the 3rd day in a row without sleep at the moment having missed a deadline for one of the first times ever on this bigass app I've procrastinated on for ages.

I ALSO feel like my group has a weird structure that I worry may be stifling my professional development. But, I'm also not sure if these sorts of things might be more prevalent than I realize. But without knowing that, I feel like describing it in much detail on a public forum might be too outing.

I've considered considering one of these lateral offers I get blown up about constantly. At least I think it could be a decent pay raise, and I would be mildly surprised to hear of another pros atty working much more than I do. But then I hear from other ppl (not at my firm) how lucky I am to be at the firm I am.......... Idk.........

Basically, just wondering if anyone here might want to talk semi-anonymously (or, just, without trying to protect anonymity at all -- either way. I won't snitch you out, promise lol).

Mostly looking to just chat, and/or data points about any/some/all (whatever you're comfortable) of: group structure, variety of clients and work, autonomy, workflow, your typical timelines, BUDGETS, compensation, time off, happiness, etc etc etc... I am willing to be very open if you'd like to be.


Thanks for reading.

Feel free to DM me, or I can drop a throw-away email address, or whatever, if you just drop a post below.

ballinoutacontro
Posts: 147
Joined: Wed Feb 28, 2018 4:32 am

Re: Patent / Soft IP

Post by ballinoutacontro » Mon Mar 12, 2018 8:52 am

down to talk budgets if anyone's game. I'm actually pretty curious what other places' budgets are like. The budgets I have to work for (in relatively big-law) feel 90% draconian, 5% literally impossible, and then the remaining 5% I can bill whatever it takes.

Not sure if this is something "kosher" to talk about in general though... kinda like billing rates I guess...

BearCat
Posts: 1032
Joined: Sat Jan 27, 2018 7:43 pm

Re: Patent / Soft IP

Post by BearCat » Tue Mar 27, 2018 11:10 am

Alpha wrote:
Tue Feb 13, 2018 3:21 pm
What is patent eligible?

Supreme Court: Let's basically enact the pornography standard. You'll know it when you see it.

Entire patent bar: WTF is this shit?

Related rant: fuck 101 issues, generally.
Yeah we're doing 101 in adv. patents right now and SCOTUS really needs to fuckin narrow the language in their patent law opinions holy shit

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Tue Mar 27, 2018 1:42 pm

IPeeLaw wrote:
Tue Mar 27, 2018 11:10 am
Alpha wrote:
Tue Feb 13, 2018 3:21 pm
What is patent eligible?

Supreme Court: Let's basically enact the pornography standard. You'll know it when you see it.

Entire patent bar: WTF is this shit?

Related rant: fuck 101 issues, generally.
Yeah we're doing 101 in adv. patents right now and SCOTUS really needs to fuckin narrow the language in their patent law opinions holy shit
Enjoy that exam question.

Step One: Is it abstract?
Analysis:
Compare all cases to see if there is something similar to make an easy decision. Focus on invention in light of spec
Is it directed to an improvements in the functioning and operation of computer itself? If yes, patent eligible. If no, continue.
Perform voodoo. If result of voodoo says not abstract, stop; patent eligible. If voodoo says abstract, continue

Step Two: Is there an inventive concept or is it just a combination of well-understood, routine, conventional elements known in the industry.
Is there prior art that matches up with every limitation?
Look at spec.
Perform voodoo. If voodoo says there is an inventive concept, patent eligible. If voodoo says no inventive concept, not patent eligible.

Underlying facts subject to clear and convincing, even though ultimate question is one of law (Berkheimer v HP). Can deny SJ on factual disputes, then. (Id.).

(Rinse and repeat at federal circuit) - expect 40% chance of reversed opinion and new precedential statements that are inconsistent with the existing body of law.

Repeatedly cuss Supreme Court and 101.

BearCat
Posts: 1032
Joined: Sat Jan 27, 2018 7:43 pm

Re: Patent / Soft IP

Post by BearCat » Tue Mar 27, 2018 1:58 pm

SCOTUS: What are you kidding me? Of course you can't patent a centuries old method for transactions!

*SCOTUS writes opinion bringing into question the patent eligibility of sentient robots and warp drives*

also SCOTUS: Okay Mayo was a bit of a bust, we could've done better, but let's just double down.

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Wed Mar 28, 2018 3:53 pm

IPeeLaw wrote:
Tue Mar 27, 2018 1:58 pm
SCOTUS: What are you kidding me? Of course you can't patent a centuries old method for transactions!

*SCOTUS writes opinion bringing into question the patent eligibility of sentient robots and warp drives*

also SCOTUS: Okay Mayo was a bit of a bust, we could've done better, but let's just double down.
Federal Circuit: What the fuck even is this? Ok, lets decide a bunch of cases and create some kind of bright line categories.

(WAIT X NUMBER OF YEARS)

SCOTUS: Everything that you've done thus far on your bright line categories is wrong, Fed. Cir. Here's another amorphous standard to fix your bright line categories.

User avatar
Desert Fox
Posts: 3476
Joined: Thu Jan 25, 2018 3:19 pm

Re: Patent / Soft IP

Post by Desert Fox » Wed Mar 28, 2018 5:59 pm

PTAB fucks up civil procedure

Petitioner asks for rehearing because PTAB fucked up and in excruciating detail explains why PTAB is wrong

PTAB doubles down

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Wed Mar 28, 2018 6:17 pm

Desert Fox wrote:
Wed Mar 28, 2018 5:59 pm
PTAB fucks up civil procedure

Petitioner asks for rehearing because PTAB fucked up and in excruciating detail explains why PTAB is wrong

PTAB doubles down
Kangaroo. Court.

BearCat
Posts: 1032
Joined: Sat Jan 27, 2018 7:43 pm

Re: Patent / Soft IP

Post by BearCat » Wed Apr 04, 2018 12:16 am

Can someone help me figure out whether there is an inventive concept here?

Image

djonline
Posts: 3
Joined: Tue Apr 10, 2018 10:14 am

Re: Patent / Soft IP

Post by djonline » Tue Apr 10, 2018 10:14 am

Would love to chat, though as a 0L. PM me please?
guestbrah wrote:
Thu Mar 01, 2018 7:13 am
Adapting this post here from elsewhere.....



Anyone here in Patent Pros that might want to trade info/share experiences?

I'm coming up pretty close to the 2 year mark where I am. First firm post-grad, but summered at other firms.

For reference as to where I'm coming from: top 10 law school grad, OK tech credentials, at a small ish office of a large firm in a "secondary market" I guess you could call it. Base pay is a little below "Cravath scale" (is that what they still call it? I honestly don't talk to NYC lawyers at all anymore, and havent really read shit like ATL/TLS in prolly over a year at least). Bonuses are shitty, benefits are great. Mostly work in the EE arts.

My quality of life varies between amazing and outright horrible. For example, in the 4 weeks of Feb before this current week, my (unsubmitted, so they'll end up a bit higher too once all the rounding and stuff happens) hours went 55, 35, 63, 68.

IMO, I feel a 68 billable week is not a fun fucking week. That week included a double all-nighter cranking out a 113 page application to meet a submission deadline. Makes me contemplate peacing the fuck out sometimes. Also because of the small bonuses and "low" "billable" target, me and some of the colleagues I'm close with don't really feel rewarded for these kind of efforts. Oh yea, and this week looking like 70s at least, burning into the 3rd day in a row without sleep at the moment having missed a deadline for one of the first times ever on this bigass app I've procrastinated on for ages.

I ALSO feel like my group has a weird structure that I worry may be stifling my professional development. But, I'm also not sure if these sorts of things might be more prevalent than I realize. But without knowing that, I feel like describing it in much detail on a public forum might be too outing.

I've considered considering one of these lateral offers I get blown up about constantly. At least I think it could be a decent pay raise, and I would be mildly surprised to hear of another pros atty working much more than I do. But then I hear from other ppl (not at my firm) how lucky I am to be at the firm I am.......... Idk.........

Basically, just wondering if anyone here might want to talk semi-anonymously (or, just, without trying to protect anonymity at all -- either way. I won't snitch you out, promise lol).

Mostly looking to just chat, and/or data points about any/some/all (whatever you're comfortable) of: group structure, variety of clients and work, autonomy, workflow, your typical timelines, BUDGETS, compensation, time off, happiness, etc etc etc... I am willing to be very open if you'd like to be.


Thanks for reading.

Feel free to DM me, or I can drop a throw-away email address, or whatever, if you just drop a post below.

User avatar
Fsk
Posts: 603
Joined: Thu Jan 25, 2018 3:00 pm

Re: Patent / Soft IP

Post by Fsk » Fri Apr 13, 2018 10:04 am

What do patent people thing about FRAND? Curious how it differs from our antitrust view.

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Tue Apr 24, 2018 10:22 am

The IPR march continues. Not unconstitutional under Art. III or 7th Amend. Interesting that opinion specifically comments on it being narrow and does not consider any unraised challenges regarding whether patents are property for purposes of DPC or Takings Clause.

User avatar
UVA2B
Moderator
Posts: 3023
Joined: Thu Jan 25, 2018 3:26 pm

Re: Patent / Soft IP

Post by UVA2B » Tue Apr 24, 2018 10:32 am

Alpha wrote:
Tue Apr 24, 2018 10:22 am
The IPR march continues. Not unconstitutional under Art. III or 7th Amend. Interesting that opinion specifically comments on it being narrow and does not consider any unraised challenges regarding whether patents are property for purposes of DPC or Takings Clause.
I’m a noob, but was there really much doubt that the court would reverse course on creating confusing distinctions in agency adjudication?

BearCat
Posts: 1032
Joined: Sat Jan 27, 2018 7:43 pm

Re: Patent / Soft IP

Post by BearCat » Tue Apr 24, 2018 10:47 am

UVA2B wrote:
Tue Apr 24, 2018 10:32 am
Alpha wrote:
Tue Apr 24, 2018 10:22 am
The IPR march continues. Not unconstitutional under Art. III or 7th Amend. Interesting that opinion specifically comments on it being narrow and does not consider any unraised challenges regarding whether patents are property for purposes of DPC or Takings Clause.
I’m a noob, but was there really much doubt that the court would reverse course on creating confusing distinctions in agency adjudication?
According to my prof, the major force pushing towards invalidation was concerns about reining in administrative agencies, not so much an issue with IPRs. Probably why the opinion is written narrowly.

User avatar
UVA2B
Moderator
Posts: 3023
Joined: Thu Jan 25, 2018 3:26 pm

Re: Patent / Soft IP

Post by UVA2B » Tue Apr 24, 2018 10:49 am

BearCat wrote:
Tue Apr 24, 2018 10:47 am
UVA2B wrote:
Tue Apr 24, 2018 10:32 am
Alpha wrote:
Tue Apr 24, 2018 10:22 am
The IPR march continues. Not unconstitutional under Art. III or 7th Amend. Interesting that opinion specifically comments on it being narrow and does not consider any unraised challenges regarding whether patents are property for purposes of DPC or Takings Clause.
I’m a noob, but was there really much doubt that the court would reverse course on creating confusing distinctions in agency adjudication?
According to my prof, the major force pushing towards invalidation was concerns about reining in administrative agencies, not so much an issue with IPRs. Probably why the opinion is written narrowly.
Of course, I just meant the court wouldn’t draw the line here at what constitutes a private right vs. public right, or that having an adversarial proceeding would violate art. I/art. III distinctions.

BearCat
Posts: 1032
Joined: Sat Jan 27, 2018 7:43 pm

Re: Patent / Soft IP

Post by BearCat » Wed May 02, 2018 9:19 pm

Could anyone explain the difference between "claim vitiation" and "just failing the DoE test(s) really hard"? (so hard that "no reasonable jury" could find equivalence)

How could something pass the "insubstantial difference" test while being the "opposite" of the claim?

User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Tue Jun 26, 2018 11:00 am

Gorsuch apparently fails to comprehend 271(f) infringement in his dissent in WesternGeco. Good lord, it's painful to read.

User avatar
UVA2B
Moderator
Posts: 3023
Joined: Thu Jan 25, 2018 3:26 pm

Re: Patent / Soft IP

Post by UVA2B » Thu Jun 28, 2018 10:42 am


User avatar
Alpha
Posts: 1609
Joined: Thu Jan 25, 2018 2:39 pm

Re: Patent / Soft IP

Post by Alpha » Thu Jun 28, 2018 11:35 am

Associates now currently fearing for their jobs and bonuses..

Post Reply

Who is online

Users browsing this forum: No registered users and 2 guests