Sunday, December 13, 2015

"The Good Wife" on 13 December 2015 does KSR

Buried in the periphery of "The Good Wife" episode of December 13, 2015 were oblique allusions to patent law, beginning with
the episode title "KSR," which in the episode relates to kidnap, sedate, and rape, rather than the Supreme Court case on obviousness.

There is mention of the Dipple case, which seems to relate to patents, and there is mention of using "Form 18."

From celebritydirtylaundry :

Ethan shows up at Diane’s office – they are supposed to be filing Dipple’s case today. Diane, Howard, an David are arguing with Cary. Cary says that it is their fault that the interns walked, because they treated them horribly. Diane hisses at Cary that this is his fault….he is the one that started a generational battle at the firm and he needs to fix it ASAP. She rushes in to her office to try and stall Ethan.

The trick with the Dipple case turns on disciplinary rules:

Cary shows back up to the office with the team of interns – he brings them in to the office and tells them all about the Dipple case and what they need to do for the brief, and then he tells them tht they are all fired. The interns are confused, what was the point of all of that? Cary laughs that now that they heard their side of the Dipple case – they can’t work for Canning, and they just screwed themselves out of a job.

Link to episode:

**Some past discussion of Form 18

From Lexology, about changes effective 1 Dec 2015:

Importantly for patent cases, the removal of the Appendix of Forms means that patent holders may no longer plead infringement with the bare-bones Form 18. In the 2007 decision in Bell Atlantic Corp. v. Twombly, the Supreme Court raised the pleading standard in civil cases to require sufficiently detailed facts to show that a claim for relief is plausible on its face. The Federal Circuit, however, continued to allow patent infringement claims to be pled through Form 18, which requires little more than the names of the parties and the asserted patents. See K-Tech Telecommunications v. Time Warner, 714 F.3d 1277 (Fed. Cir. 2013). With the removal of Form 18, courts may hold parties claiming patent infringement to the higher Twomblypleading standard, making it more difficult for patent holders to bring claims.

**Relevant text from the KSR episode:

Oh, Monica, there you are. Appendix to the Federal Rules. I flagged Form 18. I still need the conforming examples... Not until you get me on the phone with the egghead from Chicago Polytech. I tracked down Professor Kennedy's secretary. She is waking him. Monica, is Form 18...? It's a template for simplified pleading. We don't need more than that.



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