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IPO Daily News™

Friday, 23 July 2010 9:15 am

IPO FOUNDATION ELECTS FOREMAN, MICHEL AND MICHELSON TO BOARD — The IPO Education Foundation announces the election of three new board members:  Louis Foreman, Judge Paul R. Michel and Dr. Gary K. Michelson.  IPO Foundation Executive Director, Herb Wamsley said, “All three individuals bring to the Board tremendous talent, expertise and a fresh perspective about how to get the message out about innovation and the system that protects it.  We welcome them to the Board.”

Mr. Louis Foreman

Louis Foreman is the founder and Chief Executive of Enventys, an integrated product design and engineering firm.  Mr. Foreman is an inventor with 10 U.S. patents.  He is the creator of the award winning PBS show, Everyday Edisons, and he is the publisher of Inventors Digest, a 25 year old publication devoted to the topic of American innovation.  He is finishing a 3-year term on the Patent Public Advisory Committee of the USPTO.


Chief Judge (ret.) Paul
R. Michel

Former Chief Judge Paul Michel retired from the U.S. Court of Appeals for the Federal Circuit on May 31, 2010 after 22 years of service.  He was appointed to the court in 1988 and after 16 years assumed the duties of Chief Judge.  He judged several thousand appeals and wrote over 800 opinions in the diverse legal areas covered by his circuit, including patents and trademarks.  Prior to his appointment to the court, Chief Judge Michel served in the executive and legal branches of the government for 22 years.

Dr. Gary Michelson

Dr. Gary Michelson is an orthopedic surgeon who invented treatments for spinal disorders.  His devices have been implanted in hundreds of thousands of patients and his surgical system has become the foundation for many of the modern surgical treatments used for major spinal disorders.  Dr. Michelson has over 900 issued or pending patents worldwide.  In 2005, Dr. Michelson assigned ownership of much of his spine-related intellectual property to Medtronic, Inc.  Dr. Michelson’s Found Animals foundation sponsors The Michelson Prize in Reproductive Biology.

 — Compiled from newswires and other sources:

Motorola Sues Huawei Alleging Plot to Steal Trade Secrets — Yesterday the Wall Street Journal reported that Motorola Inc. sued Chinese telecommunications equipment giant Huawei Technologies Co. in Illinois. Motorola alleged that 13 Huawei employees engaged in a plot to steal trade secrets by using a front company called Lemko Corp.

CALIFORNIA LEADS IN U.S. PATENTS GRANTED — IPO’s 2010 IP Record reports that 22,973 patents were granted to residents of California in 2009.  The state with the second highest number of patents was Texas with 6,417. To view the complete 2010 IP Record, go to  You will need a password to view this report.  To request a printed copy, please contact Robin Muthig (


CurmudgeonIS “FACIAL” BECOMING THE FAVORITE WORD IN LAW? — In a column this month, the Curmudgeon asserted that professors and Supreme Court clerks favor ill-defined words that grate on plain-English advocates.  He promised to comment on “facial,” a word that has been used in numerous recent IP briefs and articles. According to the Supreme Court, a “facial challenge” is a challenge to a statute in which the plaintiff alleges the statute is always unconstitutional. It is contrasted with an “as-applied” challenge, which alleges the statute may be unconstitutional in part.  U.S. Homeland Security Secretary Janet Napolitano, in a recent discussion of the government’s challenge to the Arizona immigration law, referred to “what’s called a facial challenge to the law, which is before it’s been applied . . . .”  Her definition seems to be different from the Supreme Court’s.  “Facial” also means “on its face.”  Patent lawyers are using it as a synonym for “prima facie,” as in “facially obvious.”  In discrimination law, a buzz term is “facially neutral.”  Lawyers are using “facially” generally in briefs to mean “at first glance.”  Reader JEFF WOLFSON of Haynes and Boone said he knows what “facial” means.  It’s something you get at the spa.  Bah, humbug!

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