Patently Absurd

After a major drug company missed its patent extension deadline by one day, a bill has been proposed in the U.S. House of Representatives that would give the U.S. Patent and Trademark Office discretion with tardy filings.

The bill has been labelled the “The Dog Ate My Homework Act“ and has its origins in 2001, when Medicines Company filed an extension for their patent on Angiomax one day late.

Ten lawmakers, including three from Massachusetts, which is the company's home state, have co-sponsored a bill that could reverse that decision. The bill gives the director of the patent office the discretion to accept an application if it is filed less than five days after the deadline. The applicant also needs to show that missing the window was unintentional.

The stakes for the Medicines Company are huge. The company recently told stock analysts and investors that it expects Angiomax to generate more than $500 million in sales in the United States by 2010.
[...]
The company has expanded its lobbying presence on Capitol Hill to push the legislation.

You have to wonder if the drug was so important to the company's bottom line, then why was the extension filed late?

Tags: Dog Ate My Homework Patents Angiomax Tardy Patent Law

Return of the Broadcast Flag

Frank — Wed, 21 Jun 2006 16:57:00 GMT

The usual suspects are trying to get the Broadcast Flag back into play.

"Public Knowledge.org is reporting that the oft-defeated broadcast flag DRM scheme is being sneaked into Senator Steven's Telecommunications bill. Aside from the fact that it has no business being in that bill, and making no exceptions for fair use, this particular version calls for an Audio Broadcast Flag that would affect digital and satellite radio as well. The bill goes to committee on Thursday, so there is still time for public comment."

[found via Slashdot]

Tags: Broadcast Flag FCC Fair Use

Just Say No (to the MPAA's Cheap Publicity Ploy)

Frank — Tue, 15 Nov 2005 18:38:00 GMT

The MPAA says that “pirated DVDs are the new drug on the street” in a dramatically worded press release.

Talk about spin.

The MPAA will also likely cache in on the asian bird flu scare by talking about the epidemic of movie piracy taking away people's livelihoods.

No doubt that legions of lobbyists will come forth and demand we divert law enforcement from such trivial tasks as crime and anti-terrorism efforts and stop this deadly new epidemic.

Seriously, the piracy threat is really overblown.

Does anyone in the entertainment biz look that worse for wear? Even Michael Jackson can still afford to buy an island.

The RIAA Knows How to Ruin a Good Thing

Frank — Mon, 10 Oct 2005 19:01:00 GMT

Now that XM Radio has 5 million subscribers, the RIAA wants to rethink their royalty scheme --especially now that satellite radios can now *gasp* record from the radio.

Having a satellite radio, which offers more music choices than terrestrial radio, is really the best value in music today. If the royalties get higher, satellite radio companies will, no doubt, pass their increased costs to the consumer and raise their subscription price. A higher subscription rate will slow growth in the satellite radio market, stifling innovation yet again.

[found via Slashdot]

Single Mom Takes on the RIAA

Frank — Fri, 02 Sep 2005 09:28:00 GMT

When the RIAA demanded $7500 from a single mom, she decided to fight back with a counter suit.

Suing your own customers rarely builds brand loyalty and suing single moms, 12 year olds, and grandmothers creates a public relations nightmare.

Music money pays for terrible things.

Another Ridiculous Amazon Patent

Frank — Thu, 14 Jul 2005 06:47:00 GMT

Slashdot reports:

"When your little Hogwart checks out the latest Harry Potter book at Amazon, he or she may be reminded that they've already ordered the book. It's all part of CEO Jeff Bezos latest patent for the Contextual presentation of information about related orders during browsing of an electronic catalog, which also covers warning customers about drug interactions ('you previously purchased Drug ABC'). The USPTO allowed the patent after four years and five rejections."

So, does that mean when your pharmacist tells you that you already ordered something that he has to Jeff Bezos a royalty? Amazon has a history of grabbing patents that are questionable at best and could stifle innovation at worst.

Broadcast Flag Update

Frank — Thu, 23 Jun 2005 06:31:00 GMT

Slashdot reports that the Broadcast Flag was not sneaked into an unrelated appropriations bill.

The EFF had reported on a last ditch effort by Hollywood studios to sneak in the Broadcast flag.

For more background on the Broadcast Flag issue, read EFF's website on the matter.

Return of the Broadcast Flag

Frank — Fri, 13 May 2005 12:31:00 GMT

The dreaded broadcast flag is back like a villian from one of those cheesey horror films.