Intellectual property news affecting business and everyday life
Tuesday, February 07, 2006
Lacavera v. Dudas, on 37 CFR 10.6(a)
In Lacavera v. Dudas, the CAFC reviewed the propriety of restrictions placed on a non-citizen patent attorney. Lacavera was a Canadian citizen and a nonimmigrant alien. Perhaps in the future we will see issues pertaining to patent drafting and prosecution by folks in India.
The CAFC cited Chevron v. Natural Res. Def. Coun., 467 US 837, because the PTO is charged with administering the patent statute.
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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