Posts Tagged ‘patent law’

A fortune in his coffee cup?

Annals of bounty-hunting: “A recent ruling on an obscure, century-old statute has opened the door for people familiar with the finer points of patent law to sue companies that stamp their products with expired patent numbers.” Washington, D.C. patent attorney Matthew Pequignot “noticed the patent marks on the lid to his daily cup of coffee, did some research and found that the lid’s maker, Solo Cup Co., was continuing to claim patent protections for disposable lids that had expired nearly 20 years ago.” So he’s sued Solo and E.D. Va. federal judge Leonie Brinkema has allowed his case to go forward, ruling that the requisite harm to the government is satisfied because the government’s laws against “false markings” were violated. (A federal judge in New York, however, ruled differently on the harm-to-government issue in a recent case with similar facts.) Pequignot has offered to settle the Solo suit for $9 million and has sued Gillette on similar theories; the bounty-hunting law allows claimants to keep half of the recovery.

Pequignot, for his part, says he does not expect an avalanche of false markings lawsuits, despite the fact that [attorney Raymond] Stauffer and some others have already followed in his footsteps. He said that, even as a patent attorney, it took him many hours of research to be able to file his lawsuit.

[AP/Fort Wayne Journal Gazette via ABA Journal; Sheri Qualters, NLJ]

May 14 roundup

Will your lunch violate intellectual property laws?

In Patent Application No. WO/2006/068863 (h/t The Browser), McDonald’s claims:

A method of making a sandwich composed of at least a bread component and sandwich garnish comprising: placing sandwich garnish material on a sandwich assembly tool, the sandwich assembly tool comprising a region for holding sandwich garnish material to be applied to a bread component of a sandwich, the member comprising at least one cavity; placing the bread component over and adjacent the cavity; and thereafter inverting the sandwich assembly tool and the bread component while the bread is adjacent and covering the cavity to cause the sandwich garnish to be deposited from the cavity to the bread component.

ABA Journal “Blawg 100” — go vote for us

I’m very pleased to announce that this year, as last, the American Bar Association’s ABA Journal has named Overlawyered as one of its “100 best Web sites by lawyers, for lawyers”, and I’m not going to quibble about that wording, even though I’m not a lawyer nor (I believe) are the majority of the site’s readers.

So much for the introductory pleasantries. Now for the main task at hand, which is to win.

Readers may remember that last year Overlawyered lost its run for first place in its category by only a handful of votes, perhaps because we were relatively shy and diffident about urging people to go vote for us. This year the ABA Journal has placed us among ten blogs in the “niche” category, where we face competition from some very high-quality blogs, but, with all due respect, not from any whose readership levels and outside recognition we think exceed ours.

If you go there to vote, you will notice that the popular patent-law blog Patently-O has evidently been whipping its supporters to go cast their votes immediately, and is, for the moment, far in the lead. The ABA Journal says that last time it checked, “Patently-O’s Facebook group had more than 800 members,” which is very nearly the number of votes that blog has received so far. The other possible reason for Patently-O’s huge overnight vote surge, of course, is that they’ve invented some sort of bot to stuff the ballot box by impersonating real voters. But that couldn’t be the right explanation. These are patent lawyers we’re talking about. No way could they invent something.

Anyway, go there and vote for Overlawyered and your favorites in the other categories.

Microblog 2008-10-31

  • Beck & Herrmann skewer Waxman report on drug tort pre-emption [Drug & Device Law h/t Ted; much more at PoL] #
  • Good news, Fed Circuit in Bilski case limits business method patents [AP, Patently-O, Parloff] #
  • “Silicon Valley Stands United Against Prop. 8” [TechCrunch] # Not too late to donate against the proposition whether or not you live in California [before you forget] #
  • Crash-faking ring in Queens targeted Asian drivers [NY Times] #
  • Community Reinvestment Act: bogeyman in housing mess, or unrelated red herring? Truth somewhere in between [Husock, City Journal] #
  • “Dopeler Effect” = tendency of stupid ideas to seem smarter when they come at you rapidly [@legalblogger] #
  • Going to go as Wall Street and terrify everyone: Happy Hallowe’en. #