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Author Topic: SFLSD: Oh! The inhumanities.  (Read 2699527 times)

FossilJ

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Re: SFLSD: Oh! The inhumanities.
« Reply #72990 on: November 16, 2009, 04:52:46 AM »
Now now, kiddies.
Pish, J only wants to waste YOUR time.  Get wise.

Julie Fern

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Re: SFLSD: Oh! The inhumanities.
« Reply #72991 on: November 16, 2009, 08:18:09 AM »
there trouble here in river city?

iconoclasttt, esq.

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Re: SFLSD: Oh! The inhumanities.
« Reply #72992 on: November 16, 2009, 07:11:43 PM »
With a capital T, and that rhymes with B and that stands for BARACK WILL EAT OUR CHILDREN BECUZ HE IS SOSHALIST DEMON OMFG

Sorry, looks like John Cornyn and Rick Perry have been sniffing my packets my ass airplane glue UPHOLDING LIBURTY N MURICAN VALUZ again.

Julie Fern

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Re: SFLSD: Oh! The inhumanities.
« Reply #72993 on: November 16, 2009, 07:32:53 PM »
well, he do consort with commies...

Tom Terrific

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Re: SFLSD: Oh! The inhumanities.
« Reply #72994 on: November 19, 2009, 01:32:06 AM »
OK, I still haven't read the transcript yet, but here goes.

I noticed the same 101/102/103 conflation problem as well. But, why should 101 be read so broadly anyway? I'm wary of letting the Federal Circuit determine what qualifies as for a government grant of monopoly considering their proclivity to lower the threshold for patent validity wherever possible. Obviousness provides a good example, as it's supposed to act as a limiting factor - but the CAFC defined "obvious" so narrowly that the Supreme Court got over it's distaste of patents just to slap the CAFC back a few steps.

And that's without getting into the fact that by narrowing 101, it allows the PTO to eliminate the patent on as it's written, rather then relying on the quality of the examiner's search for 102 to act as a bar, and waiting (possibly) until a finding of fact for 103 to kick in.

And of course, if the supreme court decides to roll back the scope of 101, the offended monied interests will know where they can reach Orin Hatch for yet another go at patent reform, this time with the urgency that only an irate special interest can bring to the table. That's the bottom line: Congress can always explicitly expand 101 patentability if the court gets it "wrong." The danger of reading it broadly is what you have now - 10 years of patents issued post-state street that maybe shouldnt have been.

Fun Fact: Sotomayor, being the only justice to have served as a district court judge, is therefore the only judge to have dealt with a patent suit up close and personally. I've found one instance of a Markman finding on her part: Intellectual Prop. Dev. v. UA-Columbia Cablevision, 1998 U.S. Dist. LEXIS 3901

(CAFC upholds her finding of non-infringement, overturns her finding of invalidity here: http://scholar.google.com/scholar_case?case=10580827877296089053)
quick tag

Julie Fern

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Re: SFLSD: Oh! The inhumanities.
« Reply #72995 on: November 19, 2009, 08:16:05 AM »
julie say this all time.

FossilJ

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Re: SFLSD: Oh! The inhumanities.
« Reply #72996 on: November 21, 2009, 02:08:34 AM »
BAFF
Pish, J only wants to waste YOUR time.  Get wise.

Julie Fern

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Re: SFLSD: Oh! The inhumanities.
« Reply #72997 on: November 22, 2009, 07:45:32 AM »
that, too.

mugatu

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Re: SFLSD: Oh! The inhumanities.
« Reply #72998 on: November 29, 2009, 06:49:18 PM »
In re Bilski: fuzzy logic.
Let me show you Derelicte. It is a fashion, a way of life inspired by the very homeless, the vagrants, the crack whores that make this wonderful city so unique.

They're break-dance fighting.

FossilJ

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Re: SFLSD: Oh! The inhumanities.
« Reply #72999 on: November 30, 2009, 04:13:42 AM »
In re Bilski: fuzzy logic.

LSD needs Like buttons.

In other news, WAKE UP SFLSD!

::Lazaruses thread in chest::
Pish, J only wants to waste YOUR time.  Get wise.