Impression Products v. Lexmark: Whither Patent Territoriality

On February 24, 2017, in Wegner's Writings, by Hal Wegner

In Impression Products, Inc. v. Lexmark International, Inc.,Supreme Court No. 15-1189, two questions are posed that run to the heart of maintaining the principle of patent territoriality (and thus the defeat of international patent exhaustion).  Oral argument is scheduled for March 21, 2017; a merits decision is expected by the end of June 2017. Whither […]

Impression Products: Hon. Michelle Lee vs. the American Industry

On February 21, 2017, in Wegner's Writings, by Hal Wegner

In Impression Products, Inc. v. Lexmark International, Inc. the United States government has taken its most anti-patentee position on international exhaustion in modern history, as manifested by its summary of the argument (reproduced as part of the pdf version of this note). What did Ms. Lee Say on the Record in Impression Products?   Nothing! Absolutely nothing!  […]

The Patent “Rocket Docket” vs. “suffer[ing] the indignity” of PTAB? [confirmation copy]

On February 21, 2017, in Wegner's Writings, by Hal Wegner

The Eastern District of Virginia’s legendary patent “rocket docket” has been a source of amazement for the past generation as a model of speed and efficiency.  Messrs’ Quinn and Brachman say that “the question presented is this: If the Eastern District of Virginia can dispatch patent cases in less time than the PTAB, why should […]

PTO Head Michelle K. Lee “doesn’t align with strong, inherent property rights”

On February 20, 2017, in Wegner's Writings, by Hal Wegner

“Michelle Lee Must Go”:  James Edwards, writing on the country’s most popular patent blog, says that “Michelle Lee’s track record at the PTO doesn’t align with strong, inherent property rights. It indicates that she lacks an understanding and appreciation for the right to the labor of one’s mind, the legitimacy of and right to license […]

Whither Under Secretary Michelle K. Lee (con’d): Secretary of Commerce Vote in Eight Days

On February 19, 2017, in Wegner's Writings, by Hal Wegner

A respected insider reports that the confirmation hearing for the Secretary of Commerce-designate will be held in eight days which may open the door to consideration of whether Ms. Lee stays in her current position as his Deputy Secretary of Commerce. Regards, Hal

Whither Under Secretary Michelle K. Lee (con’d): Business as Usual

On February 19, 2017, in Wegner's Writings, by Hal Wegner

The New York Times has a detailed story on vacant positions within the Administration, which may explain the peculiar “limbo” situation of its Director, Under Secretary Lee.  As of February 11th in the first Term of President Obama there were 24 confirmed Cabinet Secretaries, while at the same point this year President Trump has only […]

Louis N. French (†)(1926-2017)

On February 19, 2017, in Wegner's Writings, by Hal Wegner

Louis French spent his legal career with Phillips Petroleum in Bartlesville, Oklahoma where he rose to the position of General Patent Counsel.  He retired in the early 1980’s. With sadness, Hal

Hon. Michelle Lee: Is She or is She Not Director of the PTO? (con’d)

On February 18, 2017, in Wegner's Writings, by Hal Wegner

Eugene Quinn has personally investigated the ongoing mystery to discover that now, nearly a full month after Inauguration, the incumbent leader of the Patent Office continues to sign papers as Director that require her signature as Director or Acting Director, yet the Commerce Department refuses to say whether she remains in Office. Is she or isn’t […]

Whither the Hon. Michelle Lee? What’s Up at the Alexandria Headquarters

On February 18, 2017, in Wegner's Writings, by Hal Wegner

From an insider at (not part of) the PTO: “There has been a lot of press and blogs about the leadership at the USPTO, but being on-site and knowing most of them, it appears to be ‘business as usual’. It is only my opinion but I think until Secretary of Commerce Wilbur Ross is confirmed, everybody has […]

Owen C. Smith (†)(~1942-2017)

On February 18, 2017, in Wegner's Writings, by Hal Wegner

Owen Smith was the retired and accomplished General Counsel of Philip Morris International who spent his career at the company where his responsibilities included global legal matters for his company. With sadness, Hal

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