Sense of Urgency
posted on
Jul 03, 2008 09:04AM
Can you feel it? Everyone here is expressing it. Are we alone with this "feeling"?
Though some have suggested that resolution of the'148 could take till year end - and they might be right - I have to believe that the sense of urgency we feeling is shared by the folks at TPL. Everything appears to be basically "on hold" until the '148/'336 (at least one of them) gets handled.
IMO, even the PTO has demonstrated a sense of urgency recently. Actions have been taken realitively fast over the past few weeks. On the '148 (per my understanding), examiner finishes, review with another examiner and examiner supervisor conducted within a couple of days, passed to another examiner for "reality check", and non-final out the door within a couple of days. It just doesn't look like they're dragging their feet, at all. I get the impression they want this done ASAP (maybe some added pressure due to T3 litigation?).
Now look again at TPL. If YOU were in charge, what would you do? They've got how many legal types? How many engineers? How many patent experts? All together 30-50 people? Top notch people.
If it were me in charge, I'd drop everything else and dedicate the entire staff to working this. It's THAT CRITICAL. Forget the 4th of July - you guys/gals are WORKING. And I have to believe the people involved are "adequately motivated". Probably more like frantic.
Now think of the current situation. Any bets that the non-final on the '148 and on the '336 are related? Maybe based on the same, or very similar, things? Tough bet, I know. But "reasonably probable".
Bottom line IMO, there is a frenzy of activity at TPL this week. And they're probably scheduling a meeting with the examiners for both the '148 and '336 to occur very soon. I just can't see them having a lazidazical attitude about this.
So IMO it seems that our collective anxiousness is probably dwarfed by the anxiousness felt at TPL. And it appears that the PTO is feeling it too.
So, while TPL has 60 days to respond, I'd bet (am betting) that the wait for action to take place won't be anywhere near that long. And I hope that the PTO acts on the response ASAP.
Yup HOPE. And I'll undoubtedly be accused of "putting a positive spin".
But I cannot overemphasize the criticality of the situation to TPL. Get it right, and get it FAST.
And I do suspect that the PTO may be under some "external pressure" (Ward? Fogel? Both?). The Gov't responds to such pressures in most instances per my experience. They NEVER want one arm of the Gov't to point the wicked finger at YOUR arm of the Gov't. I could give many examples - but I'll spare you.
Highest priority? Work avoidance (don't do stuff that you don't have to if someone else can make the work "go away"). PTO results will likely make Fed Court actions "go away".
So JMHO, but I'm thinking in terms of weeks, not months. And maybe not that many weeks.
But I'll probably be wrong again, and I'm equally sure that several here will be quick to point it out (though they never refer to accuracy of their own prognostications).
FWIW,
SGE