Saturday, June 20, 2009

Kappos, Lemley, Merritt, and the 271Blog

Back in April 2008, IPBiz noted the problematic nature of Professor Lemley receiving funds from the IT industry for research for his paper in 85 Tex. L. Rev. 1991 (2007). The April 2 IPBiz post is titled
Industry contracting with academics to advance their message?

IPBiz notes that the fact of Lemley's IT support was observed in comments to a blog post on the 271Blog which appeared in August 2008:

Patent Reform Crawling Back In 2008? Lemley Proposal For Damages May Provide Answers

The content of the actual POST on the 271Blog was favorable to Professor Lemley: A recent paper by professor Mark Lemley suggests that easing restrictions on "lost profits" damages may provide a better means for market competitors to recoup damages, while reducing tendencies of courts to provide "kickers" on reasonable royalties.

In cites to BOTH the 271Blog and IPBiz within a COMMENT to a Rick Merritt EETimes piece on David Kappos [ie, within
IBM exec picked to head patent office ] one might get false impressions

#1. That the 271Blog was critiicizing Lemley, when in fact it was a COMMENTER criticizing Lemley
#2. That the 271Blog disclosed the conflict in August 2008 prior to IPBiz (in February 2009), when in fact IPBiz disclosed the conflict in April 2008, prior to mention on the 271Blog

The topic of Mark Lemley arose in the Merrit article on Kappos because Merritt quoted Lemley on Kappos:

"The PTO is in crisis, and I think Dave Kappos understands that, and will work creatively to try to find ways out of the crisis," said Mark A. Lemley, a professor at the Stanford Law School whose name was also listed as one the Obama administration may have considered for the job. "I also think he is sensitive to the need for patent reform, which is a good thing," he added.

Merritt also noted:

In his testimony, Kappos talked about the rising number and complexity of patent applications. Despite hiring as many as 1,000 new patent examiners a year, the office cannot keep up, making it difficult to maintain patent quality, he said.

Merritt did not mention the attrition of USPTO examiners, such that "hiring 1,000" only amounts to a net gain of 500, OR that the USPTO is NOT hiring anyone right now, but that attrition continues. Merritt did not mention the variety of questionable IBM applications, as embodied by the two on a method of waiting in line for an airplane toilet or a method of outsourcing.
Merritt did not mention that the news of the "outsourcing" application broke just when IBM was laying off numerous employees in New York, having given them the option of "moving to India at India wages" or losing their jobs.
[Refer to
IAM on IBM's Kappos, not touching the political or patent pulse?

Returning to the 271Blog, the blog has a strictly "news item" post on Kappos (David Kappos - The Next USPTO Director) BUT, as before, the COMMENTS are of interest:

I've been managed by Dave Kappos during 6 years : he is brilliant, even absolutely amazing, always kind with his team, open to discussions, and a great manager. USA are lucky to have D. Kappos.

A non-US citizen.


Dear "non-US citizen"

mind your own business, plz

nominating corporate stooge as a PTO director is akin to nominating Bernie Madoff as a head of SEC

Isn't old Bernie a brilliant guy (literally)?

Compare the 271Post on Kappos to that on IPBiz: It's Kappos.



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