Notices by Sarah (Fackrell) Burstein (design_law@mastodon.social), page 2

This is the email "service" email from the #LukeCombs #ScheduleA case.

Honestly, I would not be surprised if anyone read it and dismissed it as spam.

In the United States, there are three types of patents:

- Utility patents (which protect how things work), since 1790;

- Design patents (which protect how things look), since 1842; and

- Plant patents (which protect certain types of asexually reproduced plants), since 1930.

#KnowItTeachIt

Me: Still not second-guessing any life decisions in the past two years.

The universe: BUT FOR REAL, YOU DID THE RIGHT THING

Happy weekend, friends! What are you listening to, reading, or watching for fun (or distraction)?

PACER should be free.

Am very tired of the "yes, I agree with your post but I want to start a fight about something I assume you would disagree with me about" type of replies.

This isn't Twitter. Let's leave that nonsense behind.

No, Google Translate, I absolutely did not.

(By the way, this is a super troubling sign of degradation in this otherwise valuable tool.)

@inthehands Yes there is significant evidence of mental decline. The new order lays it out in great detail.

@inthehands Yes, a sad situation turned ugly and even more sad.

Note that this is conditional on Judge Newman continuing to refuse to comply: "Judge Newman can obviate the suspension at any time by complying with the Committee’s May 16 Order and permitting the Committee to conclude its investigation into her fitness."

Unanimous Federal Circuit:

"Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order...."

https://cafc.uscourts.gov/wp-content/uploads/JudicialMisconductOrders/September%2020,%202023%20Judicial%20Council%20Order.pdf

(h/t @marklemley@mastodon.lawprofs.or)

Note: This means she will not take part in #LKQvGM.

#LawFedi #PatentFedi #JudgeNewman

Fellow #LawProfs Does your school have a formal mentorship program for pre-tenure colleagues? If so, how does it work? How are mentors assigned, what do they do, how well does it seem to work? Any thoughts or input appreciated--thanks in advance!

In good news: It's Juicy Whip v. Orange Bang day

#Patents

@blakereid I am going to ignore the brazen and deliberate provocation in the first part of this apply and simply applaud your commitment to case-themed dressing 😊

@blakereid Blocked and reported

D378,308 - issued in 1997 for a design for a "troll lure." #DesignPatents

PSA: If you see a woman respond to a troll, it is never--ever--helpful to respond to her with something along the lines of "just ignore them."

She's probably ignoring 100 (or more) for every 1 she chooses to respond to. She knows that the path of least resistance is to ignore the troll & move on. She doesn't need you to inform her of that option.

A response is a conscious decision. You are *not* helping when you criticize (because that's what this is) that decision.

Well, one thing I'll say for Elon's Twitter: It's a dramatic, contemporary example of a collective action problem.

@inthehands I was referring to, basically: "What can you stop people from doing?" I.e., what is the "scope" of your patent?

@inthehands Good question.

At a high level:
Novelty = new
Nonobvious = new enough

The maxim they are citing here says that there should be symmetry between infringement (scope) and anticipation (novelty). In other words, if something looks similar enough to infringe, it's also similar enough to anticipate.

Obviousness is different. The whole idea of obviousness is that there are some prior designs that aren't close enough to anticipate but should still invalidate.