Rachael_IP
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rachael42.bsky.social
Rachael_IP
@rachael42.bsky.social
160 followers 66 following 15 posts
Patent litigator, adjunct law professor, science integrity & data science hobbyist, mountain runner, wife of the unparalleled Ali Fenn.
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Reposted by Rachael_IP
deevybee.bsky.social
Hot off the press: my review of Csaba Szabo's book Unreliable; deevybee.blogspot.com/2025/03/book...
Book Review: Unreliable: Bias, Fraud, and the Reproducibility Crisis in Biomedical Research
by Csaba Szabo, Columbia University Press, 2025  This is a rollicking good read, written in an informal style, and enlivened by cartoons, wh...
deevybee.blogspot.com
March 16, 2025 at 5:04 PM
Reposted by Rachael_IP
gabrielmalor.bsky.social
Fed. judge rules that USDS aka DOGE is likely subject to FOIA, grants a PI requiring DOGE to respond to CREW's FOIA requests on an expedited basis, but will not require disclosure on a date certain at this point.

storage.courtlistener.com/recap/gov.us...
On March 7, 2025, the Court held a hearing on CREW’s motion. The Court will now deny the motion for a preliminary injunction directing OMB and USDS to process the three requests at issue by March 10, 2025. The Court will, however, grant CREW’s request for a preliminary injunction requiring expedited processing of the USDS request. And it will direct OMB and USDS to provide an estimate of the volume of responsive records within ten days and thereafter entertain proposals from the parties for an expedited rolling production schedule. Finally, the Court will grant CREW’s request for an Order requiring the Defendants to preserve all records that may be relevant to CREW’s FOIA requests.
March 11, 2025 at 1:13 AM
Reposted by Rachael_IP
design-law.bsky.social
Also, from just this picture alone: This product does not infringe.
design-law.bsky.social Sarah Fackrell @design-law.bsky.social · Mar 11
Counterfeit rhetoric, kitchen utensils edition:
March 11, 2025 at 12:40 PM
Reposted by Rachael_IP
drangelborja.bsky.social
AI tools are spotting errors in research papers: inside a growing movement

#research

www.nature.com/articles/d41...
AI tools are spotting errors in research papers: inside a growing movement
Study that hyped the toxicity of black plastic utensils inspires projects that use large language models to check papers.
www.nature.com
March 8, 2025 at 7:09 AM
Reposted by Rachael_IP
academic-integrity.bsky.social
Update on my personal journal ranking of shame since I just flagged article #450. "Journal of Ethnopharmacology" and "Carbohydrate Polymers" are catching up quickly since I only started looking into them last week.
Sad to see PLOS ONE in there, but they also seem to take no action when notified...
February 13, 2025 at 5:41 AM
rachael42.bsky.social
Charles Pillar’s book Doctored is a must read. Frustrating, infuriating, disheartening but for those of us committed to integrity and ambitious for a future with science as our guide, it’s required reading
March 1, 2025 at 2:30 AM
Reposted by Rachael_IP
elisabethbik.bsky.social
‘Stamp out paper mills’ — science sleuths on how to fight fake research

By Anna Abalkina, René Aquarius, Elisabeth Bik, David Bimler, Dorothy Bishop, Jennifer Byrne, Guillaume Cabanac, Adam Day, Cyril Labbé & Nick Wise
@nature.com
www.nature.com/articles/d41...
‘Stamp out paper mills’ — science sleuths on how to fight fake research
A group of scientists who are experts at spotting fraudulent research outline five essential steps to combat industrialized scientific misconduct.
www.nature.com
January 27, 2025 at 8:57 PM
Reposted by Rachael_IP
design-law.bsky.social
Since there seems to be a significant level of interest in the issue of trademark abandonment today, here's another case that may be of interest, this time about Amos n' Andy: https://law.justia.com/cases/federal/appellate-courts/F2/870/40/312156/ ⚖️
July 23, 2023 at 6:37 PM
Reposted by Rachael_IP
design-law.bsky.social
If you're interested in new & notable design patents, I'm still posting on Tumblr:

https://design-law.tumblr.com/

https://designpatentlookbook.tumblr.com/

And on Mastodon: https://mastodon.social/tags/NewDesignPatents (you can see the posts even if you don't have an account)

⚖️
July 8, 2023 at 12:25 PM
rachael42.bsky.social
Patent crew - Professor Burstein’s 🧵on this case is a must. You can read the Mastodon thread without an account. ⚖️
design-law.bsky.social Sarah Fackrell @design-law.bsky.social · Jul 7
Judge denies summary judgment on the issue of design patent infringement based on an expert report from an entomologist who applied the wrong infringement test: https://storage.courtlistener.com/recap/gov.uscourts.alnd.170541/gov.uscourts.alnd.170541.188.0.pdf ⚖️
"2. Infringement (Counts 4 and 5) The next issue is whether there is a genuine dispute of material fact as to whether Blazer infringed the Design Patents. As explained above, DPCC presented an expert report from Dr. George Rotramel. Among other things, the report concludes that certain bee traps sold or offered for sale by Blazer infringe the Design Patents. At minimum, Dr. Rotramel’s report creates a question of fact as to the infringement issue. Accordingly, the court finds that there is a genuine dispute of material fact as to whether Blazer infringed the Design Patents. So the court will DENY Blazer’s motion for summary judgment on Counts 4 and 5 of the Consolidated Complaint."
July 7, 2023 at 1:46 PM
rachael42.bsky.social
Guys guys guys- Professor Burstein likes my design patent quotes. I’m DED. ⚖️🦋🔥🏳️‍🌈
July 6, 2023 at 7:52 PM
Reposted by Rachael_IP
design-law.bsky.social
Another extreme injunction in a Schedule A case: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.433974/gov.uscourts.ilnd.433974.24.0.pdf

How are the defendants supposed to pay their bills? Their employees? Hire a lawyer to represent them?

Not to mention this is a utility patent case.

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"Defendants and any persons and/or entities in active concert or participation with them who have actual notice of this Order shall be temporarily restrained and enjoined from transferring or disposing of any money or other of Defendants’ assets until further ordered by this Court."
July 5, 2023 at 11:53 AM
rachael42.bsky.social
Fellow design patent litigators and strategists, the party is getting bigger. Professor Crouch on the LKQ en banc order https://patentlyo.com/patent/2023/06/reevaluating-design-obviousness.html (ht @design-law.bsky.social)
Reevaluating Design Patent Obviousness
by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities.  The crux of …
patentlyo.com
July 4, 2023 at 7:28 PM
rachael42.bsky.social
👋 patent ⚖️
July 4, 2023 at 2:20 PM
rachael42.bsky.social
Would love pointers to the patent peeps on this site ….
July 4, 2023 at 2:11 PM
Reposted by Rachael_IP
design-law.bsky.social
There's a new § 101 bill out: https://patentlyo.com/patent/2023/06/overview-eligibility-restoration.html

Note that § 101 does NOT apply to design patents.

But it would be helpful if Congress revised § 101 to make that clear: https://patentlyo.com/patent/2019/04/%C2%A7-design-patents.html
Does § 101 Apply to Design Patents?
By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law Over the past few years, I've …
patentlyo.com
June 29, 2023 at 11:36 AM