"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Thursday, April 28, 2016

Inter Partes Patent Act Provisions Under Review in Supreme Court Oral Argument re Cuozzo Speed Technologies v. Lee

Ronald Mann at SCOTUSblog has oral argument analysis of
Cuozzo Speed Technologies v. Lee at
Justices struggle to read “tea leaves” in Congress’s slipshod drafting
of Patent Act provisions for inter partes review

Is a statutory reading conforming to considerations raised by U.S. Supreme Court Justice Stephen Breyer in a quote of Breyer by Mann going to be the decision in this case? See here.

Based upon our many postings over the last 10 years criticizing the vast over-reaching of patent claims and the massive over-issuance of patents per se in our technological era, we would of course favor a statutory interpretation that permits as much invalidation of past patents as possible AND that ALSO results in a strong reduction in the number of new patents to be issued in the future: i.e. a "results-oriented" decision, both retroactively as well as prospectively, might be one way to look at Congressional intention.

One could indeed argue that "who", as a practical matter, whether courts or quasi-courts, does the above -- seriously necessary -- "patent reform" implementation, may not be as important, as that it be done.

Is the current process therefore "chilling"? It appears to us that legitimate inventors of legitimate inventions will continue to apply for patents for their discoveries, regardless of the now challenged inter pares patent review.

Most Popular Posts of All Time

Sky Earth Native America

Sky Earth Native America 1 :
American Indian Rock Art Petroglyphs Pictographs
Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
Volume 1, Edition 2, 266 pages, by Andis Kaulins.

  • Sky Earth Native America 2 :
    American Indian Rock Art Petroglyphs Pictographs
    Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
    Volume 2, Edition 2, 262 pages, by Andis Kaulins.

  • Both volumes have the same cover except for the labels "Volume 1" viz. "Volume 2".
    The image on the cover was created using public domain space photos of Earth from NASA.


    Both book volumes contain the following basic book description:
    "Alice Cunningham Fletcher observed in her 1902 publication in the American Anthropologist
    that there is ample evidence that some ancient cultures in Native America, e.g. the Pawnee in Nebraska,
    geographically located their villages according to patterns seen in stars of the heavens.
    See Alice C. Fletcher, Star Cult Among the Pawnee--A Preliminary Report,
    American Anthropologist, 4, 730-736, 1902.
    Ralph N. Buckstaff wrote:
    "These Indians recognized the constellations as we do, also the important stars,
    drawing them according to their magnitude.
    The groups were placed with a great deal of thought and care and show long study.
    ... They were keen observers....
    The Pawnee Indians must have had a knowledge of astronomy comparable to that of the early white men."
    See Ralph N. Buckstaff, Stars and Constellations of a Pawnee Sky Map,
    American Anthropologist, Vol. 29, Nr. 2, April-June 1927, pp. 279-285, 1927.
    In our book, we take these observations one level further
    and show that megalithic sites and petroglyphic rock carving and pictographic rock art in Native America,
    together with mounds and earthworks, were made to represent territorial geographic landmarks
    placed according to the stars of the sky using the ready map of the starry sky
    in the hermetic tradition, "as above, so below".
    That mirror image of the heavens on terrestrial land is the "Sky Earth" of Native America,
    whose "rock stars" are the real stars of the heavens, "immortalized" by rock art petroglyphs, pictographs,
    cave paintings, earthworks and mounds of various kinds (stone, earth, shells) on our Earth.
    These landmarks were placed systematically
    in North America, Central America (Meso-America) and South America
    and can to a large degree be reconstructed as the Sky Earth of Native America."

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