Purposeful ignorance in law reviews?
PatentHawk's comment Law school professors often suffer a sordid reputation for strange obsessions, an inability to see the forest for the trees., sort of aimed in the direction of Mark Lemley, reminded IPBiz of a law review article that appeared in 2008, mentioned previously in IPBiz.
The article ("note") was titled BAD MEDICINE: ECONOMIC DISADVANTAGE AND CLAIM LIMITATION IN AN AILING PATENT OFFICE [15 J. Intell. Prop. L. 343], and was authored by Elisabeth Marie Koehnemann, listed as the Executives Articles Editor at JIPL.
Interesting text appeared in footnote 47: Mark A. Lemley & Bhaven N. Sampat, Is the Patent Office a Rubber Stamp? 4-9 (Stanford Public Law Working Paper No. 999098, 2007), available at http://papers.ssrn.com/sol3/papers.cfm?abstract id=999098 (identifying data controversies in calculating patent grant rates).
The parenthetical comment should have stated: (reversing Lemley's position on patent grant rate previously adopted in "Ending Abuse...," BULR). In "Ending Abuse...", Lemley had said Quillen/Webster was preferred over Clarke, and in "Rubber Stamp", Lemley did a floppo, sort of like his KSR floppo. In the future, we might see a Metabolite floppo. [As a further point, in "Ending Abuse...", Lemley said something about Clarke's paper in JPTOS that simply was not true, but neither Lemley nor BULR ever issued a correction.]
"Rubber Stamp" does not appear to have been published in a law review (yet).
Another masterpiece from JIPL is: SYMPOSIUM: JAMES BESSEN AND MICHAEL J. MEURER'S PATENT FAILURE: HOW JUDGES,BUREAUCRATS, AND LAWYERS PUT INNOVATORS AT RISK: ARTICLE: PLUMB LINES INSTEAD OF A WRECKING BALL: A MODEL FOR RECALIBRATING PATENT SCOPE 16 J. Intell. Prop. L. 1
Hmmm, did PatentHawk say anything about lemmings?
Previous IPBiz post on Koehnemann:
The PTO should wait for the courts on Tafas? Is there a choice?
***Separately-->
Patently-O's: No No Words: What Words do you Avoid in Patent Applications
***Separately-->
Avvoblog reports blawg rankings:
Ever wonder what exactly goes into those top legal blog (blawg) lists floating around? We have, so in line with Avvo’s commitment to transparency, we threw together this auto-updating list of over 300 legal blogs ordered by their Alexa traffic ranking.
Now you can:
- Know who has the most popular legal blog based on objective, third-party data.
- Understand why blogs rank where they do.
IPBiz, which is not picked up on news.google, is 106.
The article ("note") was titled BAD MEDICINE: ECONOMIC DISADVANTAGE AND CLAIM LIMITATION IN AN AILING PATENT OFFICE [15 J. Intell. Prop. L. 343], and was authored by Elisabeth Marie Koehnemann, listed as the Executives Articles Editor at JIPL.
Interesting text appeared in footnote 47: Mark A. Lemley & Bhaven N. Sampat, Is the Patent Office a Rubber Stamp? 4-9 (Stanford Public Law Working Paper No. 999098, 2007), available at http://papers.ssrn.com/sol3/papers.cfm?abstract id=999098 (identifying data controversies in calculating patent grant rates).
The parenthetical comment should have stated: (reversing Lemley's position on patent grant rate previously adopted in "Ending Abuse...," BULR). In "Ending Abuse...", Lemley had said Quillen/Webster was preferred over Clarke, and in "Rubber Stamp", Lemley did a floppo, sort of like his KSR floppo. In the future, we might see a Metabolite floppo. [As a further point, in "Ending Abuse...", Lemley said something about Clarke's paper in JPTOS that simply was not true, but neither Lemley nor BULR ever issued a correction.]
"Rubber Stamp" does not appear to have been published in a law review (yet).
Another masterpiece from JIPL is: SYMPOSIUM: JAMES BESSEN AND MICHAEL J. MEURER'S PATENT FAILURE: HOW JUDGES,BUREAUCRATS, AND LAWYERS PUT INNOVATORS AT RISK: ARTICLE: PLUMB LINES INSTEAD OF A WRECKING BALL: A MODEL FOR RECALIBRATING PATENT SCOPE 16 J. Intell. Prop. L. 1
Hmmm, did PatentHawk say anything about lemmings?
Previous IPBiz post on Koehnemann:
The PTO should wait for the courts on Tafas? Is there a choice?
***Separately-->
Patently-O's: No No Words: What Words do you Avoid in Patent Applications
***Separately-->
Avvoblog reports blawg rankings:
Ever wonder what exactly goes into those top legal blog (blawg) lists floating around? We have, so in line with Avvo’s commitment to transparency, we threw together this auto-updating list of over 300 legal blogs ordered by their Alexa traffic ranking.
Now you can:
- Know who has the most popular legal blog based on objective, third-party data.
- Understand why blogs rank where they do.
IPBiz, which is not picked up on news.google, is 106.
posted by Lawrence B. Ebert at 6:23 PM
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