June 29, 2010

Dan Ravicher joins Karen and Bradley to discuss the Bilski case decided by the U.S. Supreme Court.

Running time: 1:14:22.

Show Notes

Segment 0 (00:33)

• At the time of the recording, the U.S. Supreme Court has just published the decision in the Bilski case.(01:30)
• Dan Ravicher is the legal director at SFLC. He also teaches patent law at Cardozo School of Law and is the President and Executive Director of the Public Patent Foundation. (2:48)
• The U.S. Court of Appeals for the Federal Circuit ruled en banc, in October of 2008. That decision is available here(5:12).
• Bradley reminds listeners and Karen that the Court of Appeals decision was discussed on the oggcast with Scott Peterson in Episode 0x01: The Engineer and the Lawyer. (6:33)
• SFLC filed an amicus brief with the Supreme Court, which we discussed on the oggcast in Episode 0x18: Re Bilski’s Briefs.(7:01)
• The transcript from the Supreme Court oral argument from November is available here. You can hear UCLA law students reading the transcript aloud on the IP Colloquium blog. (10:56)
• The Bilski decision was published on the last day of the Supreme Court's term. (11:10)
• The "slip opinion", which Dan reads from, is available on the Supreme Court's website here. (15:02)
• Stare decisis is the principle by which legal precedent is established.(16:31)
• SFLC published a highlighting some of the amicus briefs filed in Bilski on either side. (29:30)
• You can read the text of Section 101 on the patent office's website.(31:14)
• Aaron and Bradley discussed the Supreme Court patent history, including the Benson and Flook cases, on the oggcast in Episode 0x18: Re Bilski’s Briefs. (31:50)
• Bradley, Dan and Karen all looked up the definition of pellucid. (44:45)
• Dan talks about the book Patent Failure by James Bessen and Michael J. Meurer. (55:51)
• Dan recommends that Breyer's opinion, which is the last few pages of the decision publication, is the place to go if you want to only read a few pages of the opinions. (1:00:30)
• Bradley discusses the difference between i.e. and e.g. (1:04:30)

Tags: bkuhn, karen, patents, bilski, ravicher

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June 22, 2010

Karen and Bradley briefly talk about waiting for the Bilski case to be decided by the U.S. Supreme Court.

Running time: 08:39.

Show Notes

Segment 0 (00:35)

• SFLC's office was under construction so Bradley and Karen were in different places, which is why Karen sounds like she is underwater. Producer Dan made it sound a lot better than the original audio! (01:02)
• Karen referred to the SCOTUS blog(01:26)
• Karen and Bradley agree to go on hiatus until Bilski (04:02)
• Karen was not arguing that with Bradley (07:27)

Tags: bkuhn, karen, bilski

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October 13, 2009

Bradley and special guest co-host, Aaron Williamson, discuss all about the amici briefs filed in the Bilski Supreme Court case.

Running time: 01:19:14.

Show Notes

Segment 0 (00:33)

• Aaron Williamson is the co-host this week, filling in for Karen Sandler. (01:10)
• Bradley discussed the differences between Classic Latin pronunciation Church Latin pronunciation. (03:30)
• Bradley pointed out that declined language. (04:40)
• Aaron explained what an amicus curiae brief. (06:30)
• Bradley mentioned that we also discussed the lower court's decision in Bilksi case in Episode 0x01. (06:53)
• Aaron explained what it means for the Supreme Court to “grant cert”. (07:44)
• Aaron explained the details of the Benson case. (11:05)
• Aaron explained what dicta is, and discussed some of the dicta in Benson. (11:54)
• Aaron discussed the details of the Flook case. (13:50)
• Aaron explained the Diamond v. Diehr case, which discussed patents on vulcanized rubber. (16:30)
• Aaron discussed the State Street Federal Circuit case. (22:30)
• Bradley mentioned that the Benson case reminds him of Benson, the television show. (30:05)

Segment 1 (33:52)

• Aaron described the arguments in SFLC's Bilski amicus brief. (35:15)
• Aaron mentioned the Feist copyright case, which shares a name with a musician. (41:40)
• Bradley encouraged the listeners to convince Feist to write a song about Feist. (43:40)
• Aaron discussed Larry Lessig's Eldred case. (45:10)
• Aaron mentioned that Eldred was attempting to overturn the Sony Bono Copyright Term Extension Act (45:42)
• Aaron discussed the FSF's Bilski amicus brief, which goes into greater detail of the negative impact of patents on Free Software. (52:20)
• Aaron and Bradley discussed the Red Hat's amicus brief (PDF), which is mostly supportive of Free Software. (55:00)
• Aaron and Bradley discussed how IBM's Bilski brief (PDF) is unfriendly to Free Software (57:20)
• Aaron and Bradley discussed how the Hollaar/IEEE brief (PDF) specifically attacks Free Software. (61:00)
• Bradley mentioned the Quagaars from the Red Dwarf episode, “Waiting for God”. (66:05)
• Bradley mentioned again that patent reform isn't helpful, and referenced Stallman's essay, Patent Reform is not Enough. (71:22)

Tags: bkuhn, patents, bilski, aaronw