While it may be accurate to describe New York Artist Dev Harlan’s art as the projection of changing light patterns onto a polyhedron structure, such a description doesn’t do justice to the beauty created by Mr. Harlan. Someone was paying attention in his geometry class…
Dev Harlan – “Parmenides I”, 2011
Foam, wood, plaster, video projection
Dimensions approx 8′ diameter
Light sculpture at Christopher Henry Gallery, NY. Presented as part of Dev Harlan’s solo exhibition “The Astral Flight Hangar”
Videographer: Dustin Cohen
Audio: USMILEAMBIENT by Shamantis
Owners of registered trademarks have until October 28 to reserve names in order to ensure that they are not registered as .XXX domain names. The .XXX top level domain is intended for use by the adult entertainment industry (i.e. porn websites).
You can secure a block through any .XXX Accredited Registrar. The block, referred to as Sunrise B, costs around $200 per qualifying mark and lasts 10 years. The application does not result in a domain registration. Rather it creates a block to prevent a third party from registering your trademarked name as a .XXX domain.
For example, The Coca-Cola Company owns the registered trademark Coca-Cola; a block prevents a third party from registering the domain name Coca-Cola.XXX (for example, for a porn site or with the intention of profiting by selling Coca-Cola.XXX back to The Coca-Cola Company).
In order to qualify for Sunrise B, the trademark must have been registered prior to September 1, 2011, and the following must be supplied to the registrar during registration:
- Federally Trademarked Name.
- Trademark Registration Number: The registration number for your trademark (not your application number).
- Nation Code: The country where your trademark was registered.
- Trademark Registration Date: The date your trademark was registered.
- Trademark Ownership.
Members of the Adult Sponsored Community can file “Landrush Applications” from November 8th through November 25th. General availability pre-registration begins on December 6 for members of the Adult Sponsored Community.
The U.S. Patent and Trademark Office has an online guide on the implementation of the America Invents Act and how the law effects patent examination, post-issuance matters, and USPTO fee and budgetary issues. The AIA website also provides the opportunity to submit comment on the AIA and the agency’s implementation of the law.
One important case that is not mentioned in the article is Eon-Net v. Flagstar Bancorp. And you may want to know what happened in that case because it was a bad day for non-practicing entities, that is, for patent trolls.
Eon-Net is a patent holding company that, with its related entities, had filed over 100 lawsuits against many companies for patent infringement. In most cases, the companies settled for between $25,000 and $75,000 rather than going through the expense of a lawsuit, something which could easily exceed $1,000,000. Flagstar Bancorp, however, decided to fight and spent over $600,000 to litigate the case, an amount that would have been substantially more had the district court allowed full discovery.
To the surprise of many, the court found in favor of Flagstar,
… Eon-Net’s case against Flagstar had “indicia of extortion” because it was part of Eon-Net’s history of filing nearly identical patent infringement complaints against a plethora of diverse defendants, where Eon-Net followed each filing with a demand for a quick settlement at a price far lower than the cost to defend the litigation.
The court went on to state that Eon-Net “acted in bad faith by exploiting the high cost to defend complex litigation to extract a nuisance value settlement”, that cases like theirs are meritless, and that as a non-practicing entity (i.e. troll) Eon-Net faced little risk in filing lawsuits; they faced no business risk, were generally immune to counterclaims, antitrust, and unfair competition claims.
For their legally baseless infringement allegations, the Court of Appeals for the Federal Circuit affirmed the district court’s decision to impose Rule 11 sanctions against Eon-Net.
What does that mean? It means the court may impose monetary penalties which may include awarding reasonable expenses, including attorney’s fees, to the prevailing party (in this case, Flagstar).
And it means a potentially very bad decision for trolls who now might want to reconsider their strategy of filing a barrage of lawsuits.
Under the program, participants were permitted to conduct an interview with the examiner after reviewing a Pre-Interview Communication providing the result of a prior art search conducted by the examiner. Participants experienced many benefits including: (1) the ability to advance prosecution of an application; (2) enhanced interaction between applicant and the examiner; (3) the opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the prosecution process; and (4) the opportunity to facilitate possible early allowance.
Requests filed on or after April 1, 2011 and before May 16, 2012 will be granted if all requirements are met.
The Senate approved the Patent Reform Act which would transition the U.S. to a first-to-file system instead of the current first-to-invent system. The Act also creates a nine-month “first window” post-grant procedure to allow challenges to patents.
I still have a soft spot for the Heathkit Hero I robot which I built as a teenager and ensured that I was never invited to any of the really good parties… Those parties – bad 80s hair and all – are long fogotten but I can still work a soldering iron like no one else!
Links: The Old Robot Web Site.