Friday, June 26, 2015

Jiggery-Pokery Mock

Jiggery-Pokery Mock,
Three blind mice
Ran up the Clock,
The clock struck one,
And two got away
With major IPR violations.

That one is just too funny; that Scalia J. says SCOTUS cares.
That SCOTUS should stick to the letter of the law as legislated by Congress pursuant to the Constitution

"Calling the Court's reasoning "absurd," "interpretive jiggery-pokery" and "pure applesauce," Scalia said the law was clear -- and accused the Court of rewriting it once again to get the result it wanted. ... Scalia said, "We should start calling this law SCOTUScare." ... And one more putdown: “Words no longer have meaning if an exchange that is NOT established by a state is [nonetheless abstractly] ‘established by a state.'” ... Scalia has gone to the pantry before for analogies. The “sheer applesauce” reference in Thursday’s King v. Burwell dissent follows along the lines of a 2007 dissent, in which Scalia referred to an opinion by Justice Stephen Breyer as “pure applesauce.”

Does SCOTUS care?
When it comes to inventors and 35 USC 101
There is total contempt by Court.

Take "Alice" (away please).
The letter of the law says:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

Tuesday, June 23, 2015

MockingJayBirdWhocky Games

In the
beginning there was "Alice"
Then came [Game of] Internet Patents

’Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.
“Beware the Jabberwock, my son!
The jaws that bite, the claws that catch!
Beware the Jubjub bird, and shun
The frumious Bandersnatch!”

Friday, June 12, 2015

Spanish Inquisition Jumps the Patentability Shark

Let's break it down
into very simple insect bites.

In Nature there are no magic flying
syringes intelligently swarming in
to sample maternal blood
and bring it back to the lab.

... so that non-cellular components can be isolated
and tested for fetal nucleotides
and the nucleotides can be amplified
and analyzed/

Yet the CAFC has finally jumped the shark

By declaring it all to be natural phenomenon and abstract concept.

When does the anti-science Inquisition stop?

When do sane minds say enough is enough?

When do a courageous few stand up and say we're not going to take it anymore?

SEQUENOM's claims cover a physical process.
It is new.
It is useful.
It is not "naturally" carried out by Nature without intervention by the hand of man and the ingenuity of his mind.

The King's Inquisition panels wear no clothes.
Yet they have no shame.
They parade proudly carrying only smoke and mirages.
Return oh demons to the twisted abyss from which yea arose.

Post Script:
The implication of the SEQUENOM rationale
If you have a brilliant new idea that involves the use of gravity
and you implement that idea with "conventional" gears, levers, pulleys, etc.
then no patent (or soup) for you
because your claims are directed to natural phenomenon and you "merely" use conventional means for achieving it!!!
Read more here: Sequenom’s testing is not patentable: uses conventional techniques, not innovative