This is a huge Month for IP in Seattle. There are 4 major Events happening between the 7th and the 28th:

13th Annual Intellectual Property Institute
Seattle University CLE on Software and Piracy
Washington State Patent Law Association CLE
Music in the New Millennium

I will be live blogging from both the 13th Annual IP Institute and the Music for the New Millennium event. I will be in New Orleans for the 2009 Nonprofit Technology Conference for the other two. If anyone is interested in attending and representing the FFIP / Free Culture point of view and would like to blog about it please contact me (Brian at I will also be adding these events to the FFIP Google calendar (Along with the NOLA conference).

13th Annual Intellectual Property Institute

Date: March 7th
Event: IP Conference
Location: WA Convention Center
Cost: $225 GA, $100 for first 20 students

20 plus Highlights include:
Joseph Miller, Lewis and of Clark Law, speaking on recent supreme court cases
Bruce E.H. Johnson, Davis Wright Tremaine, speaking on Fair Use and the First Amendment
There is even a whole panel on Second Life and Online Liability!

The Intersection of Intellectual Property, Patent Law, and Software Piracy

Date: March 14th
Event: Software CLE
Location: Seattle University Law School

Judge James P. Donohue, Magistrate Judge, Western District of Washington
Katheryn Frierson, Assistant U.S. Attorney, Criminal Division, U.S. Attorney’s Office, Western District of Washington
William J. Harmon, Senior Attorney, Microsoft Corporation, Redmond, WA
Michael D. Stein, Partner-in-charge, Woodcock Washburn, Seattle, WA

Register Online for the SU Software Piracy CLE

Washington State Patent Law Association CLE

Date: March 19th
Event: Lunch CLE on Patents
Location: Washington Athletic Club, First Floor

Registration 11:30 a.m.
WSPLA Business 11:55 a.m. – Noon (Please note early start)
Program and Lunch: Noon – 1:30 p.m. (Please note due to volume of material to cover, the Program will begin at noon sharp)

Cost: WSPLA Members $55 Students $35 Others: $75
-Dale R. Cook, Intellectual Ventures
-Scott R. Hayden,
-Jennifer K. Johnson, Zymogenetics
-Brian C. Park, Dorsey & Whitney

Cases Discussed:
SanDisk Corp. v. STMicroelectronics, Inc. (Federal Circuit repudiates “reasonable apprehension of suit” standard for patent declaratory judgment actions and might allow DJ actions in response to any invitation to license)
In re Comisky (Method claims that depend entirely on use of mental processes do not contain patentable subject matter)
In re Nuijten (Federal Circuit says electrical signal not a “manufacture” and therefore not patentable subject matter)
In re Seagate (Federal Circuit replaces duty of due care standard for avoiding enhanced damages with “objective recklessness” standard)
KSR Intl v. Teleflex (Supreme Court rejects rigid application of Federal Circuit’s “teaching, suggestion or motivation” test for obviousness)

Music in the New Millennium

Date: March 28th
Event: Future of Music panel talk
Location: Davis Wright Tremaine LLP, 1201 Third Ave, 22nd Floor Seattle Wa
Cost: Suggested contribution of $15 (law students are free).

Dave Dederer Lead singer of Presidents of the United States of America and VP of Content for Melodeo
Robert Sullivan, Music attorney for Johnny Cash, Randy Travis
Dan Sheeran, SVP RealNetworks
Online Registration

Posted on October 5, 2007 in IP, KSR, creativity, patents, psychology by Brian RoweView Comments

The psychology talks were a lot more accessible to a general audience I strongly recommend watching them online even if not a lawyer or patent buff. The psychology panel added the perspective of how innovation or creativity occurs to the legal issues involved.

There are definite discrepancies in the formulation of how a “person having ordinary skills in the art” is thought to invent by the court and how inventions are created. The most important part of the talk came in the Q & A, when we focused on whether economic incentives actually create innovation. The physiological data cited promoted the opposite thesis to the one promoted by the public policy arguments of the courts. The psychologist argued that paying for creativity resulted in less innovation and more mundane solutions to problems presented.

R. Keith Sawyer

Patent pools
Reward small sparks
Compulsory licensing (taken from Lessig)
Open Standards

Brian’s Response: This was an excellent practical talk that focused on both creation and on what people think is creative. In the Q&A Keith focused on some of the broader issues regauring the legal fiction of how inventions are created and possible problems with the single inventor model. I will post a copy of his paper after LC publishes it.

On a side note: Understanding what people perceive to be creative, based on word choice, could be a very important what explaining an invention to a jury.

(no image available at this time)
Colleen Seifert Now Why Didn’t I Think of That?

Colleen added some interesting points on how the court views innovation and invention verses how cognitive research views the same issues.

Steven Smith

Steven Smith did a great job of explaining and showing examples of how prior knowledge corrupts individuals ability to look at things from a neutral perspective.

Note on formate change: Being an Information Science professional and Law Student I will only be posting play by play on the legal talks. I will be posting general impressions on the nonlegal talks that include multiple speakers.