IPBiz: The convergence of Therasense (Rule 56) with first to file

Friday, May 27, 2011

The convergence of Therasense (Rule 56) with first to file

IPBiz received an email on 27 May 2011 concerning an allegation that certain patent attorneys stole inventions from their clients. The matter is not new, and, for example, was discussed on TechDirt on 29 Jan 2006 in the post MPEG Lawyers Accused Of Taking Inventions They Reviewed And Patenting Them

One wonders about issues relating to "theft of inventions" in a world wherein Rule 56 isn't enforced (Therasense) AND in which one has first to file?

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Name: Lawrence B. Ebert

I'm a patent lawyer located in central New Jersey. I have a J.D. from the University of Chicago and a Ph.D. from Stanford University, where I studied graphite intercalation compounds at the Center for Materials Research. I worked at Exxon Corporate Research in areas ranging from engine deposits through coal and petroleum to fullerenes. An article that I wrote in The Trademark Reporter, 1994, 84, 379-407 on color trademarks was cited by Supreme Court in Qualitex v. Jacobson, 514 US 159 (1995) and the methodology was adopted in the Capri case in N.D. Ill. An article that I wrote on DNA profiling was cited by the Colorado Supreme Court (Shreck case) and a Florida appellate court (Brim case). I was interviewed by NHK-TV about the Jan-Hendrik Schon affair. I am developing ipABC, an entity that combines rigorous IP analytics with study of business models, to optimize utilization of intellectual property. I can be reached at C8AsF5 at yahoo.com.

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Friday, May 27, 2011

The convergence of Therasense (Rule 56) with first to file

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