josaka

9 ms·

31.
by josaka 5y ago
Probably unrelated, but the ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC made it somewhat harder to sue in EDTX.
32.
by josaka 6y ago
Highly recommend listening to oral arguments once posted on Oyez: https://podcasts.apple.com/us/podcast/u-s-supreme-court-oral...
33.
by josaka 6y ago
There's an explanation for this that has nothing to do with corruption. Courts regularly develop areas of expertise and, as a result, become attractive places to file. Delaware is the standard for corporate formation, in part because t
34.
by josaka 6y ago
Prestige to justify eye watering hourly rates.
35.
by josaka 6y ago
I think Europe does allow software patents of a sort: See https://www.epo.org/law-practice/legal-texts/html/guidelines... Or you might have a particular definition of the term in mind that excludes these, bu
36.
by josaka 7y ago
You can get six years back damages, and often you have a substantial portion of a patent's 20-year term in front of you. And frequently cases settle well before you are three years into a suit.
37.
by josaka 7y ago
I think this bill is more about how we decide what can be patented, i.e, do we even look at whether the subject matter is new, useful, and non-obvious, or do we just say it's in a category that we won't allow people to patent thei
38.
by josaka 8y ago
When will we be in monitor-replacement territory? I try to edit text in each generation's headset, and it's still not viable. Curious what the threshold spec will be when I can launch a text editor and work in a VR environment.
39.
by josaka 8y ago
At least from the perspective of the legal profession, the scope of "fiduciary duties" of realtors seems relatively constrained. Buyer's and their agent's interests appear to be misaligned. I can't think of other
40.
by josaka 8y ago
My sense is the set of scenarios where "you can't use contracts and the legal system to ensure trust between the parties" is broader than just illegal agreements. Contract often fail when the damages for breach are too small
41.
by josaka 8y ago
Link to terms: https://www.openinventionnetwork.com/joining-oin/oin-license... . Looks like it might be revocable.
42.
by josaka 8y ago
They're almost certainly not as broad as the title would suggest. You've got to look at the claims to figure out what the patent apps seek to cover. The title does not define the scope of activity they seek to cover. Usually, i
43.
by josaka 8y ago
Any evidence of moonlighting? Never heard of this, at least in US practice with any prevalence. Would be curious to hear the basis, even if anecdotal.
44.
by josaka 8y ago
It's mixed. These proceedings (along with other reforms, like limiting venue) have been very bad for litigation billing, as disputes are fewer and disposed of faster. But I think the consensus is that we're better off taking this
45.
by josaka 8y ago
How, if at all, will the memory device in Intel's optane xpoint memory relate to neuromorphic systems? Is it commercial proof of concept for a commercially viable device that, with relatively straightforward modification, can support
46.
by josaka 9y ago
Patent misuse laws have something to say about this: https://en.wikipedia.org/wiki/Patent_misuse
47.
by josaka 9y ago
It's not a contract, but there are other mechanism in the law to give effect to this intuition: https://en.wikipedia.org/wiki/Estoppel
48.
by josaka 9y ago
For the same reason the control problem is so hard in AI. It's difficult to anticipate how intelligent agents will behave in a reasonably complex environment. To address this challenge, some legal propositions are intended to be clear
49.
by josaka 9y ago
That's about what it costs to draft and file a 12(b)(6) motion to kill the patent at the start of a case for lack of subject matter eligibility under Alice v. CLS Bank.
50.
by josaka 9y ago
Yes. They would arguably have standing to bring a declaratory judgment action, asking a court to invalidate the patent. They should also look for (now relatively common) state law provisions that provide damages for bad faith demand lette
51.
by josaka 9y ago
Sympathetic to the notion given how difficult/useful it is to design a chip. But someone has to bear the cost of this. Chip designers are the party most capable of mitigating the harm. Seems reasonable to ask them to pay. See e.g.,
52.
by josaka 9y ago
Not to suggest that they're perfect, but I wouldn't say they're a rubber stamp. Only 1/5 patent apps is allowed in some art units: https://blog.juristat.com/2017/10/4/the-art-units-with-th
53.
by josaka 9y ago
Allowance rates cratered after Alice v. CLS Bank, and when they USPTO makes a mistake, there are stronger mechanisms to limit the damage. Cost/time to kill a patent is about 1/5 of what it was five years ago; the Eastern District
54.
by josaka 9y ago
Insist on quality legal counsel. ICO's do not have to violate the law (though many probably do). Competent counsel will be able to talk them through how to do this safely and explain the risks (which can include returning funds and cr
55.
by josaka 9y ago
They do something like this with sidewall patterning: https://en.wikipedia.org/wiki/Spacer_patterning
56.
by josaka 9y ago
The "on a computer" trick doesn't work post 2014. Alice v. CLS Bank killed it. Business method + a computer now gets you into an art unit with a sub 5% allowance rate. http://www.bilskiblog.com/blog/201
57.
by josaka 9y ago
One common fact pattern: 1) small co is going to sell some partially-customized product to big co; 2) small co signs big co's NDA that leaves the definition of "confidential info" and other rights vague/favorable to bi
58.
by josaka 9y ago
I wonder what this is on a per-device basis. The article states "this was non-recurring catch-up" payment, and that the suits were filed about six months before settling. Assuming license fees are driven by iphone sales, and App
59.
by josaka 9y ago
It's been a decade since my last class on antitrust law, but the statement in the article that "'consumer welfare,' defined as short-term price effects" seems like it was possibly setting up a straw man. I thought C
60.
by josaka 9y ago
Relevant sequence of tweets by an antitrust legal scholar on the consumer welfare vs. big-is-bad approaches to antitrust law: https://twitter.com/ProfWrightGMU/status/889603600804179972

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