OUT OF THIS WORLD; MANDELIAN PROPOSITION HOLDS FOR PATENTS

Out of this world

Via Richard Evans (Informa) the IPKat has been pondering the news that fast food outlet Kentucky Fried Chicken (KFC) has become the proud owner of the first ever brand that can be seen from Outer Space. Apparently the 87,500 square foot image of KFC’s Colonel Sanders is located in America’s Nevada desert, just off the world’s only Extraterrestrial Highway in the infamous Area 51.

The IPKat wonders if he is alone in feeling acutely depressed at the thought that the first sign of life on earth that might be detected by intelligent life forms from outer space is a giant likeness of Colonel Sanders. Merpel says, that should be enough to scare away any extra-terrestrial chickens that might otherwise have come home to roost.

Astronaut chicken space dinner here
Chickens as intelligent life forms here and here
The secret lives of chickens here and here
The intellectual chicken here
Alexandra chicken here
What chickens look like if you leave them too long in the desert here


Mandelian proposition holds for patents

The IPKat was thrilled when the excellent Patently-O blog drew his attention to the research done by Professor Gregory Mandel (right) at Albany Law School on hindsight-based bias in patent litigation, showing how a juror’s knowledge of the invention makes the juror much more likely to believe that the invention would have been obvious by the time it reaches court, often many years after the priority date by which its inventive step should be judged. For "juror" substitute "judge" and the issue is suddenly Europe-relevant.

IPKat co-bloggie Jeremy has made the hindsight point for years in his IP lectures but has done so without any firm evidential basis for it, so he's greatly relieved to discover that there really is some substance in it.

Read two of Mandel's papers on the topic here and here