Jump to content

Stupid patent request stupidly granted


Beerball

Recommended Posts

Really? That's patentable?

 

Well, hell...I'm going to patent "An internet-based methodology for optimizing the allocation of educational resources by the identification and tagging of unrealizable intellectual capacity."

Just make sure you disclose your own prior internet posts identifying idiots (i.e., those having "unrealizable intellectual capacity") as prior art, because if you don't, the idiots might band together and file a "Walker Process" type antitrust class action suit against you.

 

I sh*t you not:

 

http://www.law360.co...iction-question

 

The Federal Circuit has held, as a matter of choice of law, that “whether conduct in procuring or enforcing a patent is sufficient to strip a patentee of its immunity from the antitrust laws is to be decided as a question of Federal Circuit law.”

 

Thus, the first element that must be proven for any Walker Process claim, that the patent was obtained through actual fraud on the USPTO, is governed by Federal Circuit law. Further, because Walker Process claims are most commonly raised as counterclaims by defendants in patent infringement suits (though going forward we may see more of them from class action plaintiffs), the Federal Circuit has typically been the forum for these appeals.

Edited by ICanSleepWhenI'mDead
Link to comment
Share on other sites

Just make sure you disclose your own prior internet posts identifying idiots (i.e., those having "unrealizable intellectual capacity") as prior art, because if you don't, the idiots might band together and file a "Walker Process" type antitrust class action suit against you.

 

I sh*t you not:

 

http://www.law360.co...iction-question

 

[/size][/font][/color]

 

 

Walker Process lawsuits make complete sense. You probably don't understand them.

Link to comment
Share on other sites

Really? That's patentable?

 

Well, hell...I'm going to patent "An internet-based methodology for optimizing the allocation of educational resources by the identification and tagging of unrealizable intellectual capacity."

 

But you'd have to disclose the methodology in order to get the patent. Are you prepared to do that?

Link to comment
Share on other sites

×
×
  • Create New...