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What is State of Innovation?

This blog is devoted to intellectual property innovation, patent law and innovation. The moderator, editor, and main author is Dale B. Halling. Mr. Halling is a patent attorney and entrepreneur. As a patent attorney, Mr. Halling has represented numerous Fortune 500 companies including McDonnell Douglas, Boeing, Motorola, Ameritech, SBC, MCI, Cypress, and numerous technology start-ups. He has helped his clients obtain patents worldwide. Mr. Halling has a BS in Electrical Engineering from Kansas State University, an MS in Physics from the University of Texas at Dallas and a JD from St. Louis University. Mr. Halling is the author of the book “The Decline and Fall of the American Entrepreneur: How Little Known Laws are Killing Innovation.”
Fallout from Alice: Digitech Image v. Electronics for Imaging

We are beginning to see the absurd results from Alice in the case Digitech Image Technologies, LLC v. Electronics For Imaging, Inc., Case No. 13-1600 (Fed. Cir. July 14, 2014), the Federal Circuit affirmed a district court decision invalidating all claims of Digitech’s patent (U.S. Patent No. 6,128,415).  The invention tags digital images with particular information about the camera and its color/spatial image qualities in a form that is device-independent. The patent includes claims directed to both a “device profile” and a “method of generating a device profile.”  The Court found the claims invalid under 35 USC 101.  Independent Claim 1 states:

 

1. A device profile for describing properties of a device in a digital image
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Charles Brush and Ice Dynamos

This is an excellent post on the inventor Charles Brush from the excellent blog Ice Dynamo.

Charles Francis Brush was born March 17, 1849 on his family’s farm – a farm not so different from those sprinkled across Bainbridge. You can imagine the bemusement of his parents – both farmers – when seemingly from infancy Charles showed an insatiable interest in electricity. He was a mere twelve when he built his first static electric machine.

He graduated college when he was twenty, and immediately went to work repaying his student loan, granted to him by his uncle. Charles spent his days selling iron ore and his nights devising a new dynamo – an early version of the electric generator. He was twenty-eight when his tireless efforts earned him his first patent.

As abundant and reliable as electricity is
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A Defense of American Ideals: Book Review

This excellent book, by Thomas Malone, demonstrates that Liberty and the American Revolution are both based in reason.  Both the left (Liberals, Democrats, Socialists, Environmentalists) and the right (neocons, compassionate conservatives, social conservatives) are anti-reason and both are fundamentally opposed to people’s right to the pursuit of their own happiness (Not to mention your Right to Life and Liberty).  The book is full of quotes from the Founding Fathers and shows the US as a Christian nation, in its founding, is revisionist history.  The book pulls no punches about the Socialists (Democrats) either, amply demonstrating that the philosophy of Obama and
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Supreme Court Alice v. CLS Decision

The long awaited decision by the Supreme Court in Alice v. CLS Bank came out on June 19, 2014, while I was away giving a talk at Atlas Summit 2014, which is why this post has been delayed.  Even in the statement of the question presented in the case the Court got it wrong:

The question presented is whether these claims are patent eligible under 35 U. S. C. §101, or are instead drawn to a patent-ineligible abstract idea.

Abstract ideas are not an exception to section 101, despite a long line of nonsense by the court.  Every invention is an abstract idea in that it describes a class of things, not a specific instance.  The failure (purposeful) of the Court to define what they mean by an “abstract
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$120 Per Smartphone in Royalties – Outrageous!

An academic paper claims that the cost for royalties ($120 per phone) is about the same as the cost of the components in a smartphone.  This was accompanied by a number of articles suggesting this was outrageous and unsustainable.  For example see:

* High smartphone patent royalties undermine industry profitability: report 

* The $120 Smartphone Patent Tax: Patent Royalties Cost More Than The Actual Hardware In Your Phone:   This one from my favorite patent Luddite site, Techdirt.

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Patent Deform Dies

At least for this year it appears the Patent Deform bill has died in the Senate.  This bill was designed to make it easier for large companies to steal the technology of independent inventors and start-ups.  This same group pushed through the America Invents not Act (AIA) in 2014 which gutted our patent system and passed out goodies to Wall Street and others.  They hailed the AIA – Patent Reform, but now they are back trying to further gut the patent system.


 
Why did Rand Choose Inventor as Galt’s Profession?

Dale B. Halling, author of Pendulum of Justice (with his wife Kaila) and The Decline and Fall of the American Entrepreneur, will be speaking at the Atlas Summit 2014.  The topic of his talk will be “Why did Rand Choose Inventor as Galt’s Profession?”  The paper below roughly tracks the talk.

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Environmentalists are Evil

Earth Day was created in the Nixon administration and the first was in 1970.  This day violates the 1st Amendment by the Federal Government “respecting an establishment of religion.”  Environmentalists are often portrayed by the Media as lovable, good natured people; people who only want to save some adorable furry creature and pick up trash.  Environmentalist groups target new technologies claiming that they are dangerous or unproven.  For instance, they killed off the nuclear power industry.  The policies they advocate are anti-innovation and have destroyed advances in medicine, food production, power generation, vaccines, and more.  These policies have resulted in the deaths of more people than Hitler, Stalin, and Moa combined.  These deaths are not the result of good intentioned policies gone wrong; these are the purposeful goals of environmental groups.  Environmentalists
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Another Libertarian Argument Against Patents Bites the Dust

Libertarians and Austrians, including such organizations as the CATO Institute, Von Mises, and the Wall Street Journal, have put forth a number of arguments against patents and intellectual property.  These arguments include that ideas (an invention is not just an idea, but I will let that go) are not scarce and therefore patents are not real property rights, patents are monopolies, patents inhibit the growth of technology, patents require the use of force to enforce one’s rights, patents are not natural rights and were not recognized as so by Locke and the founders, among other arguments.  I have discussed most of these arguments earlier and will put the links in below.  One of their favorite fall back arguments is that patents limit what I can do with my property.  For instance, a patent for an airplane (Wright brothers) keeps me from using my own wood, mechanical linkages, engine,
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Natural Rights: Objective, Subjective and Volition

I often have people say Natural Rights do not exist.  Then they point to something like the Earth and state the Earth is a sphere – that is real, the mass of the Earth is real and can be measured, but the Right to Property or the Right of self ownership are not real, they don’t exist in nature and there is nothing natural about them.  A similar complaint is that Natural Rights are subjective, while the mass of the Earth is objective.

This sort of argument represents an extreme empiricism point of view and confuses objective with subjective with volitional.  Here are the definitions of these words from web based dictionaries.

Objective: (of a person or their judgment)
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