Although the Board of Patent Appeals (BPAI) is working harder than ever, its backlog continues to rise. The first chart below shows the BPAI’s inventory of undecided appeals in ex parte cases. This only includes fully-briefed appeals whose dockets have been transferred to the BPAI and does not include the thousands of other applications where awaiting briefing. The average timing from notice-of-appeal to appellate decision is 29 months.

I spoke with BPAI officials who identified the jump in early 2009 as a one-time issue involving the bulk transfer of cases that had been previously delayed.

The next chart shows the number of Ex Parte cases decided each month. The average number of cases being decided each month continues to rise. However, the chart also reveals a high month-to-month variability. That variability is explained by the BPAI judge quota system. BPAI judge performance is primarily judged two times per year, and that process is reflected in a systematic incentive for the judges to do more work in Feburary and August and then less work in March and September.

Although the BPAI is deciding more cases than ever, inventory continues to rise because more appeals are being filed than ever.

On the heels of PayNearMe giving out bonus "Facebook Credits" at 7-11 convenience stores last month, starting September 5, the social networking giant is going retail again by selling Facebook Gift cards at Target stores nationwide.  In denominations of $15, $25 and $50, Target's 1750 outlets will be the first to sell the cards via retail channels.

These cute elephant tape dispenser designs from Japan are too good-looking to leave in your trunk, and their compact size is anything but jumbo.

From designer Yan Lu comes the “Poor Little Fish Basin” – a concept sink to help convince consumers to control their water use.

Flip.to, the social media service that turns hotel guests into brand advocates is announcing significant preliminary results for two beta clients. The service, based on 'magnetic marketing' versus traditional push or pull advertising, engages customers at the time of booking.

At Iowa State University, chemistry professor Walter Trahanovsky has found an unexpected way to make biomass big business.

Automotive airbags protect drivers and passengers inside vehicles from injury; now a Japanese research project seeks to do the same for pedestrians by mounting airbags on vehicles' exterior body panels.

Upcoming Events:

• Professor Mark Janis of Indiana has put together a really interesting conference titled “Patent Scope Revisited: Merges & Nelson's ‘On the Complex Economics of Patent Scope,’ 20 Years After.”  Sept 23–24 in Bloomington. Speakers include Rob Merges, Don Chisum, Ed Kitch, John Duffy, Jay Kesan, Rochelle Dreyfuss, Kevin Collins, Chris Cotropia, etc. (I will also be speaking at the event and hope to see you there.) [LINK]. (FREE)
• Catholic University (Columbus School of Law) is presenting a discussion of the “Ethical Ramifications of Therasense” on Sept 27 from 5pm – 6:30pm at the National Press Club.  Speakers include Professors Beth Winston and Megan La Belle from Catholic University along with ITC Chief Judge Paul Lukern, Professor Lisa Dolak (Syracuse), Jim Kulbaski (Oblon) and Ed Polk (Foley) [LINK]. (FREE).
• Former Chief Judge Michel along with a host of professors and in-house counsel will discuss “Patentable Subject Matter” on Sept 20 9:30am – 12:45pm at GWU in DC. [LINK].
• San Diego IP Law Association is holding a Discussion of Therasense on Sept 23 from 6pm – 10pm. Speakers include Chris Mammen, Hans Sauer (BIO), Larry Repress, and Fred Hadidi. [Link] ($70–$90).
• 2010 APLF Annual Meeting is September 29 – October 1 in Chicago. [LINK].
• IBC Legal has an interesting looking conference in London discussing IP Rights in China on the November 22–23. Patently-O readers should use code KW8070PO for a 10% discount. [Link] 
• WAY OUT IN THE FUTURE: On Feb 25, 2011, The Missouri Law Review is hosting a conference that looks at the patent jurisprudence of the Court of Appeals for the Federal Circuit with a special focus on the impact of Chief Judge Michel. It will held right here in Columbia Missouri.

Patent Jobs:

• Marjama Muldoon Blasiak & Sullivan LLP, a Central New York intellectual property law firm, has immediate openings for a Patent Attorney. [Link]
• Lee & Hayes, a nationally known intellectual property (IP) law firm, is seeking a lateral experienced patent attorney. [Link]
• International IP Law Group is seeking an Associate, Of Counsel to prepare and prosecute patent applications relating to complex electrical technology and software. [Link]
• ResMed (Sydney) is seeking a Qualified US, European or Australian patent attorney with a number of years post registration experience. Experience within biomedical engineering and in-house will be looked upon favourably. [Link]
• HP seeks a patent attorney. [Link]

New Hampshire Law School:

Franklin Pierce Law Center was founded by patent attorneys back in 1973.  For a time the law school was the clear national leader in the training of future patent attorneys. In the past 15–years, many law schools have added patent-focused faculty, but Franklin Pierce is still one of only a handful of schools that focuses on IP law training rather than legal theory. This week, the law school announced that it has formally merged with the University of New Hampshire and has become the University of New Hampshire School of Law. At the same time, the school created Franklin Pierce Center for Intellectual Property. Congratulations to my friends at UNH! [Link]

While privacy issues have been a major concern for many of Facebook's 500+ million users, you might think their new "Subscribe To" feature would put them over the top. Actually in this instance, I think the new service -even though some are euphemistically calling it the "I Spy" button - just might give 'stalking' a good name.

I love to bake and can create some pretty amazing tasting confections, but unfortunately when it comes to decorating these pieces of pastry perfection, I often fall short.  The Frosting Deco Pen by Kuhn Rikon may be just the tool to take my decorating from frustrating to fabulous.