Battle For The Net

If you woke up tomorrow, and your internet looked like this – a traffic jam – what would you do?

The Battle over Net Neutrality

Imagine all your favorite websites taking forever to load, while you get annoying notifications from your ISP suggesting you switch to one of their approved “Fast Lane” sites.

Think about what we would lose: all the weird, alternative, interesting, and enlightening stuff that makes the Internet so much cooler than mainstream Cable TV. What if the only news sites you could reliably connect to were the ones that had deals with companies like Comcast and Verizon?

On September 10th, just a few days before the FCC’s comment deadline, public interest organizations are issuing an open, international call for websites and internet users to unite for an “Internet Slowdown” to show the world what the web would be like if Team Cable gets their way and trashes net neutrality. Net neutrality is hard to explain, so our hope is that this action will help SHOW the world what’s really at stake if we lose the open Internet.

If you’ve got a website, blog or tumblr, get the code to join the #InternetSlowdown here:

Everyone else, here’s a quick list of things you can do to help spread the word about the slowdown:

Get creative! Don’t let us tell you what to do. See you on the net September 10th!


via Battle For The Net.


What’s All This Small Entity and Micro Entity Stuff, Anyhow?

Certification_Form sb0015a Micro_Entity_Status

Micro Entity Update Cardinal

USPTO Transcript re Micro Entity Q&A

USPTO Small Entity Compliance Guide

Do I qualify for Micro-Entity-Status at the Patent Office?


Check if any of your online accounts have been hacked

pwnedlist.comCheck if your e-mail address, password, or other login credentials have been compromized. maintains a database of credential files.  These files are widely available and downloadable via bittorrent.



This Is Why Roots Android – YouTube

This Is Why Roots Android – YouTube.


Incredible Art Made by Projecting Light onto a Polyhedron Sculpture

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 from Dev Harlan on Vimeo.

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




Oct 28 is the Last Day to Block Registration of Your Trademark as a .XXX Domain Name

XXX Top Level DomainOwners 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.


Leahy-Smith America Invents Act Implementation

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.


What’s All This Patent Troll Stuff, Anyhow?

I was recently interviewed for a major article “Patent Trolls Come in All Shapes and Sizes” published today in the New York Observer.  The article is definitely worth a read.

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.

[Read more…]


Full First Action Interview Pilot Program continues until May 16,2012

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.

Link: Full First Action Interview Pilot Program.


Patent Reform Bill Clears Senate

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.

Links: WSJ,, Patent Reform Act Bill 112 S 23 RS.