Patents

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  • Microsoft Gets SurfCast Display Patent Nixed In AIA Review

    Patexia Rss Feed
    20 Oct 2014 | 11:25 am
    Microsoft Gets SurfCast Display Patent Nixed In AIA Review - Law360 The Patent Trial and Appeal Board ruled Tuesday that a SurfCast Inc. graphical user interface patent is invalid, in a win for Microsoft Corp., whose Windows 8 and Windows Phone 7 operating systems are accused of infringing the patent.All 52 claims of SurfCast's patent, which covers a computer display that organizes content from a variety of sources into a grid of tiles that is constantly updated, are invalid as...
  • Another Prosecution Bar Case, but With a Twist

    Patently-O » Patent
    David
    17 Oct 2014 | 2:09 pm
    As I’ve pointed out elsewhere here, the adoption of the AIA has created various issues for existing prosecution bars: if you are using a pre-AIA form, consider whether it applies to the new post-grant proceedings.  Courts are splitting on whether bars that don’t mention them can, or should, apply.  My article on the broad topic of prosecution bars is here. In this recent case, Voice Domain Techn. LLC v. Apple, Inc. (D. Mass. Oct. 8, 2014), the court faced a couple of unique circumstances, while also addressing whether post-grant proceedings were “competitive…
  • How is Patent Litigation like Baseball?

    Patently-O » Patent
    Jason Rantanen
    17 Oct 2014 | 10:19 am
    By Jason Rantanen I’m a moderately-dedicated baseball fan*, so I’ve been listening** to quite a few baseball games over the past few weeks.  And as I’ve been listening to the games, it’s struck me that in many ways, patent litigation is a lot like a baseball game well beyond the Cubs reference.  Both are a game of one against many on a field where the participants operate under asymmetric rules.  For both, too, the individual success rate in an active contest isn’t all that high. One of the most distinguishing aspects of baseball is the challenge an individual…
  • After patent litigation, is trade mark litigation the next big topic?

    The IPKat
    19 Oct 2014 | 4:01 pm
    Patent: a big,shiny obsessionwith IP litigatorsSo many major conferences, seminars, lectures and other events have recently been organised in the field of patent litigation that one might be tempted to think that it is the only species of IP that ever gets litigate.  Understandably there is much interest in the European Union, where practitioners and their clients [or should that be patent owners and their professional representatives?] have to juggle with their own domestic patent litigation system, the often complex and arcane proceedings before the European Patent Office, and a whole…
  • Fill in the form, keep your hair: UPC IT Prototype needs your feedback

    The IPKat
    19 Oct 2014 | 11:02 am
    The AmeriKat's Sunday evening screenFor the AmeriKat, Sunday afternoons are all about scrubbing away the week's frustrations, been and to come, around her flat to the westward drum of Led Zeppelin.  Afterwards, if the siren call of her day job doesn't beckon her, she often curls up with her laptop and paws through the week's IP news.  On a slight variation on the theme today, she has curled up with a hot mug of jasmine moonlight tea to play with the updated version of the UPC's IT prototype.  "Oh, how dull!" you may think to cry.  But, you would be wrong.  After years…
 
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    Techrights

  • Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Dr. Roy Schestowitz
    20 Oct 2014 | 4:50 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Desktop Samsung and Intel Stay Committed to Chromebooks Samsung has announced its new Chromebook 2, a good looking model that joins a slew of new Chromebooks arriving in the market. With the holiday season approaching, it’s looking like portable computers running Chrome OS and featuring very low price points will be very big sellers. Server The Companies That Support Linux: DataCentred Companies are increasingly turning to cloud services to build and deliver their applications, but those that…
  • Links 20/10/2014: 10 Years Since First Ubuntu Release

    Dr. Roy Schestowitz
    20 Oct 2014 | 6:27 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Server IBM Tweaks Power-Linux Discount Deal In Europe IBM has made it pretty clear that it wants more Power Systems customers to adopt Linux for certain parts of their workloads in addition to selling more Power8 systems to customers with Linux workloads that might otherwise buy X86 systems. IBM’s European unit is actually doing something about it to try to push Linux. Sharing Power Systems: An IBM i And Linux Story If you want to have a conversation with IBM’s Doug Balog about i on…
  • How Patent Lawyers Analyze Alice v. CLS Bank

    Dr. Roy Schestowitz
    20 Oct 2014 | 3:14 am
    Summary: Breaking down a patent lawyer’s analysis of a Supreme Court’s decision that seemingly invalidated hundreds of thousands of software patents SHORTLY after the Alice v. CLS Bank ruling we gave several dozens of examples where patent lawyers either denied the impact of this ruling/decision on software patents or simply downplayed it. We now know that they were wrong — not necessarily lying — as software patents are being squashed by the patent office and the courts. Lawsuits have almost halved in number. The same thing happened after In Re Bilski; in sheer…
  • Is It Google’s Turn to Head the USPTO Corporation?

    Dr. Roy Schestowitz
    20 Oct 2014 | 2:36 am
    Photo from Asian Pacific Fund Summary: The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests IT IS no longer just rumour or suspicion that USPTO nominates Lee as new director. This is possibly going to result in an appointment, showing us yet again that corporate stewards are truly in charge of the government, not just in the United States. Industrial bodies are full of “revolving door”-type scenarios and altercations. This probably is not as bad as nominating Philip Johnson (it didn't go down well)…
  • The EPO’s Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Dr. Roy Schestowitz
    20 Oct 2014 | 2:06 am
    Jesper Kongstad. Photo from the Nordic Patent Institute. Summary: Amid unrest and suspicion of misconduct in the EPO’s management (ongoing for months if not years), Transparency International steps in, but the EPO’s management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time KONGSTAD was the subject of our coverage before. We mentioned him in previous parts of exclusive EPO scandal stories. Mr Jesper Kongstad had already been mentioned in several past posts because he’s suspected…
 
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    Anticipate This!™ | Patent and Trademark Law Blog

  • A Statue for Toulmin.

    Jake Ward
    10 Oct 2014 | 9:28 am
    Jake Ward:A top post at the AT! Blog recently – and one of my favorites over the past several years. Enjoy! Originally posted on Anticipate This!™ | Patent and Trademark Law Blog: In the small city of Springfield, Ohio, now stands an 8-foot statue dedicated to the Wright Brother’s patent attorney, Harry Toulmin.  Mr. Toulmin was the patent lawyer who prepared and prosecuted the patent for Wilbur and Orville Wright’s flying machine . . . yes, the original airplane. According to this article at Law.com, Toulmin helped the Wright brothers apply for five patents, including the…
  • They Invented What? (No. 240)

    Jake Ward
    4 Aug 2014 | 9:33 am
    U.S. Patent No. 8,609,158:  Diane’s manna. JW Note:  Thanks to Guy L. for bringing this patent to our attention.  Guy tells us that his favorite quotes also include: Column 1, Line 24: “Exhibit G has a combination that is so strong after you quit taking it, that every drug manufacturer on this planet will be wanting to kill me.” Column 3, Line 12: “I am almost normal when I take my favorite best method.” Column 18, Line 10: Some ingredients include “sand, dirt, rock, volcanic ash…” Column 20, Line 41: “The Dr’s had me on $800 per…
  • Washington Redskins Trademark Registrations are Cancelled

    Kristen Fries
    19 Jun 2014 | 6:42 am
    Today the United States Patent and Trademark Office cancelled six of the Washington Redskins’ trademarks, all of which involved the term “redskins.”  The Trademark Trial and Appeal Board (TTAB) concluded that “Redskins” was disparaging of Native Americans. The full opinion of the TTAB can be found here. The USPTO also issued a media fact sheet explaining what the decision means and what the decision does not mean.Filed under: General Commentary
  • Limelight Networks v. Akamai Technologies

    Kristen Fries
    16 Jun 2014 | 4:48 am
    The Supreme Court of the United States holds a defendant, in a patent infringement suit, is not liable for inducing infringement under 35 U.S.C. § 271(a) when no one has directly infringed under 35 U.S.C. § 271(a) or any other statutory provision. (Supreme Court 2014, 12-786) The opinion for a unanimous Court was delivered by Justice Alito.  The decision reversed the Federal Circuit’s decision that essentially made it easier to prove that a company is liable based on the theory of induced infringement FACTS: The patent at issue claims a method of delivering electronic data using a…
  • Octane Fitness, LLC v. ICON Health and Fitness, Inc. and Highmark, Inc. v. Allcare Health Mgmt. Sys. Inc.

    Kristen Fries
    30 Apr 2014 | 9:38 am
    The determination of whether a case is “exceptional” under the attorney fee-shifting provision of The Patent Act is left to a broad discretion of the District Court. In two slip opinions rendered April 29, 2014, SCOTUS addressed issues regarding awarding attorneys fees under 35 U.S.C. § 285 to prevailing parties in “exceptional” patent infringement cases. Under 35 U.S.C. § 285, a District Court is authorized to award attorney’s fees to prevailing parties in “exceptional cases.” The CAFC had used a Brooks Furniture standard defining an “exceptional case as one which involves…
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    The IPKat

  • Monday miscellany

    20 Oct 2014 | 1:07 pm
    It is with sadness that the IPKat records the death of Peter Low. Peter, a European and UK patent attorney with Wilson, Gunn M'Caw till his retirement in 1997, has the unenviable record of having given tutorials for the UK patent attorney qualifying examinations for over twenty years, as well has setting up the Manchester CEIPI basic training course for the notorious European Qualifying Examination [for some measure of the intensity of feelings generated by the EQEs, you need only look at the readers' responses to Katposts here]. A popular lecturer around the world, he edited a guide to the…
  • Online enforcement "has a colour and a name": blocking injunctions - A closer look at the Cartier judgment

    20 Oct 2014 | 1:00 pm
    Typical moment outside the Rolls Building last FridayAs Jeremy announced with a breaking news post, last Friday Arnold J issued his 266-paragraph judgment in Cartier and Others v BskyB and Others, a case concerning the possibility of requiring internet service providers (ISPs) to block, or at least impede, access by their subscribers to websites that advertise and sell counterfeit goods. Why everybody was waiting for this judgment?The reason why this judgment was keenly awaited is that there is no specific provision under UK law which allows holders of trade mark rights to seek and…
  • Never too late: if you missed the IPKat last week

    20 Oct 2014 | 5:58 am
    Is it really sixteen weeks since our good friend and fellow blogger Alberto Bellan commenced this series of round-ups of the previous week's IPKat blogposts? It is indeed, and our Kat-stats show that, in some cases, the number of people reading blogposts the week after they were first posted exceeds the number of folk who read them in their week of publication. Anyway, last week's posts -- which finished with quite a flurry of activity yesterday, look like this:* Nampak: when a patent suit is too simple to go to trial  Summary judgements are a rarity in patent litigation, where…
  • After patent litigation, is trade mark litigation the next big topic?

    19 Oct 2014 | 4:01 pm
    Patent: a big,shiny obsessionwith IP litigatorsSo many major conferences, seminars, lectures and other events have recently been organised in the field of patent litigation that one might be tempted to think that it is the only species of IP that ever gets litigate.  Understandably there is much interest in the European Union, where practitioners and their clients [or should that be patent owners and their professional representatives?] have to juggle with their own domestic patent litigation system, the often complex and arcane proceedings before the European Patent Office, and a whole…
  • Fill in the form, keep your hair: UPC IT Prototype needs your feedback

    19 Oct 2014 | 11:02 am
    The AmeriKat's Sunday evening screenFor the AmeriKat, Sunday afternoons are all about scrubbing away the week's frustrations, been and to come, around her flat to the westward drum of Led Zeppelin.  Afterwards, if the siren call of her day job doesn't beckon her, she often curls up with her laptop and paws through the week's IP news.  On a slight variation on the theme today, she has curled up with a hot mug of jasmine moonlight tea to play with the updated version of the UPC's IT prototype.  "Oh, how dull!" you may think to cry.  But, you would be wrong.  After years…
 
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    Patent Baristas

  • Master a Rapidly Shifting Patent Law Landscape

    Stephen Jenei
    10 Oct 2014 | 8:22 am
    The Chisum Patent Academy is pleased to accept registrations for our next Advanced Patent Law seminar, to be held March 5-6, 2015. The venue is the award-winning 21C Museum Hotel in easily accessible and inexpensive Cincinnati, Ohio. The 21C was recently named the #1 hotel in the United States and #11 worldwide in the prestigious Condé Nast Traveler Readers’ Choice Awards. Why We’re Different: Because each Chisum Patent Academy seminar is uniquely limited to ten (10) participants, we offer an unparalleled opportunity for interactive roundtable discussion and debate. Our format is…
  • IQPC’s Global Patent Strategies Summit

    Stephen Jenei
    9 Oct 2014 | 8:16 am
    Challenges abound with regards to litigation, outsourcing and monetization; and are currently increasing on a national and international level. It is essential to understand these issues in order to have an upper-hand in overcoming these obstacles. IP and patent professionals are planning to invest in several services and solutions, some of which include: Valuation Services Recruitment & Talent Management Patent Litigation Patent Drafting & Filing IQPC surveyed a senior group of in-house IP and patent professionals to discover which services and solutions they plan to invest in over…
  • PatentStat.com to Rank Patent Attorneys and Patent Examiners

    Stephen Jenei
    8 Oct 2014 | 8:46 am
    PatentStat.com is a new patent-related website that claims to use peer-reviewed patent valuation methodologies to rank patent attorneys and to profile patent examiners. PatentStat uses comprehensive data-mining and cutting-edge analysis to help you choose the most appropriate patent attorney, and profiles patent examiners to help you manage patent prosecution. The use-cases are to help patent filers intelligently select appropriate counsel in any one of 33 technology areas, and to help attorneys better know the examiners who are reviewing their applications. The methodology is transparent…
  • IPethics & INsights: A Resource on IP Ethics

    Stephen Jenei
    7 Oct 2014 | 8:00 am
    A new blog just out by Michael McCabe, Jr., is IPethics & Insights, which focuses on ethics and discipline in the field of IP law.  It’s self-described as a resource for intellectual property attorneys regarding patent and trademark ethics, professional liability, and discipline, including the latest USPTO and court decisions, trends, news, and analysis. “I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.”                              ~ Friedrich Nietzsche A recent article focuses on U.S. District Judge Keith…
  • USPTO Glossary Pilot Program Update

    Stephen Jenei
    2 Oct 2014 | 5:06 am
    The USPTO began accepting applications for the Glossary Pilot on Monday, June 2 as part of ongoing efforts to improve the U.S. patent system. The Office initiated the pilot program to study the impact of glossary on claim clarity in the specification of software-related patent applications by encouraging the use of glossaries by patent applicants and will run for 6 months. Participation in the Glossary Pilot requires an applicant to include a glossary section in the patent application specification to define terms used in the patent application. Applications accepted into this pilot will…
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    Patent Docs

  • Court Report

    Patent Docs
    19 Oct 2014 | 9:14 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Tris Pharma Inc. v. Actavis Laboratories FL Inc. et al. 1:14-cv-01309; filed October 15, 2014 in the District Court of Delaware • Plaintiff: Tris Pharma Inc. • Defendants: Actavis Laboratories FL Inc.; Andrx Corp.; Actavis Inc.; Actavis Pharma Inc. Infringement of U.S. Patent Nos. 8,465,765 ("Orally Effective Methylphenidate Extended Release Powder and Aqueous Suspension Product," issued June 18, 2013), 8,653,033 (same title, issued October 22, 2013), and 8,778,390 (same…
  • Conference & CLE Calendar

    Patent Docs
    19 Oct 2014 | 8:45 pm
    October 21, 2014 - "Recent Judicial Decisions Impacting Technology Licensing" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 to 11:15 am (CT) October 21, 2014 - "Patent Reissue: Strategic Use for Pre- and Post-AIA -- Correcting Errors in Patents, Determining Whether and When to Pursue a Reissue Application, and Mastering the Recapture Rule" (Strafford) - 1:00 to 2:30 pm (EDT) October 21, 2014 - "America Invents Act: Patent Strategies and Reforms Counsel Needs to Know" (Commercial Law WebAdvisor) - 1:00 to 2:30 pm (Eastern) October 20-22, 2014 - Business of Biosimilars (Institute for…
  • MBHB Webinar on PTAB Invalidity Proceedings

    Patent Docs
    17 Oct 2014 | 9:57 pm
    McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "PTAB Invalidity Proceedings -- Lessons Learned in the First Two Years" on November 20, 2014 from 10:00 am to 11:15 am (CT). MBHB attorneys Alison Baldwin and Rory Shea will look at the rise of PTAB invalidity proceedings since their introduction and the lessons we have learned along the way, and address the following topics: • An overview of PTAB invalidity proceedings and how they are being used; • A discussion of the lessons we have learned over the PTAB's first two years relating to initiating a...
  • Cambridge Assoc., LLC v. Capital Dynamics (PTAB 2014); PNC Bank v. Secure Axcess, LLC (PTAB 2014)

    Patent Docs
    16 Oct 2014 | 9:46 pm
    By Michael Borella -- As the fallout of the Supreme Court's Alice Corp. v. CLS Bank decision propagates through the USPTO and lower courts, many patent applications and patents directed to business methods are being rejected or struck down for failing to meet the patentable subject matter requirements of 35 U.S.C. § 101. The USPTO's Patent Trial and Appeal Board (PTAB), in particular, has been frequently applying the high court's two prong patent-eligibility test in Institution of Covered Business Method (CBM) Patent Review proceedings. These proceedings allow a petitioner to challenge the…
  • Sherry Knowles Addresses Real World Impact of Myriad-Mayo Guidance at BIO Symposium

    Patent Docs
    15 Oct 2014 | 9:34 pm
    By Donald Zuhn -- Last month, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, Sherry Knowles of Knowles IP Strategies addressed the impact of the U.S. Patent and Trademark Office's Myriad-Mayo Guidance. The Guidance, which was issued on March 4, implements a new procedure for determining the subject matter eligibility of claims under 35 U.S.C. § 101 in view of the Supreme Court's decisions in Association for Molecular Pathology v. Myriad Genetics, Inc. (2013), and Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012). Ms.
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    Patently-O » Patent

  • The Vast Middle Ground of Hybrid Functional Claim Elements

    Dennis Crouch
    20 Oct 2014 | 5:43 am
    by Dennis Crouch In Robert Bosch v. Snap-On (Fed. Cir. 2014), the Federal Circuit has held that two different claim elements “lack sufficiently definite structure” that must be interpreted under 35 U.S.C. 112(f) as means-plus-function elements and, because corresponding structures were not sufficiently disclosed in the patent document (as required by 112(f)), the associated claims were held invalid as indefinite.  Here the claim elements in question are a ‘program recognition device’ that plugs into a car motor to see if its control software is out of date…
  • Another Prosecution Bar Case, but With a Twist

    David
    17 Oct 2014 | 2:09 pm
    As I’ve pointed out elsewhere here, the adoption of the AIA has created various issues for existing prosecution bars: if you are using a pre-AIA form, consider whether it applies to the new post-grant proceedings.  Courts are splitting on whether bars that don’t mention them can, or should, apply.  My article on the broad topic of prosecution bars is here. In this recent case, Voice Domain Techn. LLC v. Apple, Inc. (D. Mass. Oct. 8, 2014), the court faced a couple of unique circumstances, while also addressing whether post-grant proceedings were “competitive…
  • How is Patent Litigation like Baseball?

    Jason Rantanen
    17 Oct 2014 | 10:19 am
    By Jason Rantanen I’m a moderately-dedicated baseball fan*, so I’ve been listening** to quite a few baseball games over the past few weeks.  And as I’ve been listening to the games, it’s struck me that in many ways, patent litigation is a lot like a baseball game well beyond the Cubs reference.  Both are a game of one against many on a field where the participants operate under asymmetric rules.  For both, too, the individual success rate in an active contest isn’t all that high. One of the most distinguishing aspects of baseball is the challenge an individual…
  • Director Michelle Lee

    Dennis Crouch
    16 Oct 2014 | 7:01 pm
    The White House has announced President Obama’s plans to nominate Michelle Lee for the position of Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.  Although Lee is already the de facto Director of the office, this move has important political implications because it will help to better ensure both USPTO autonomy and USPTO influence within the Beltway.  Congratulations to Michelle Lee and the Patent Office on this important move forward. It was almost one year ago that Michelle Lee was appointed as deputy…
  • Guest Post by Prof. Shubha Ghosh: Are South African Yellow Canaries a Question of Law or Fact?

    Jason Rantanen
    16 Oct 2014 | 8:28 am
    Guest Post by Professor Shubha Ghosh.  Prof. Ghosh is the Vilas Research Fellow & George Young Bascom Professor in Business Law at the University of Wisconsin Law School, where he is also the Associate Director of the Initiatives for Studies in Transformational Entrepreneurship (INSITE).   I was fortunate to be able to attend oral argument in Teva v Sandoz before the Supreme Court on October 15. At issue was a highly technical issue at the intersection of civil procedure and patent law: Is the standard of appellate review for patent claim construction de novo or clearly erroneous? The…
 
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    The Invent Blog

  • USPTO First To File Roadshows

    stevenipper
    23 Sep 2014 | 8:03 am
    Via this USPTO webpage: The USPTO will be hosting seven half-day roadshows across the country during September-October 2014 to increase the understanding of the First Inventor to File (FITF) provisions of the America Invents Act (AIA). In prosecuting patent applications according to the FITF provisions since March 16, 2013, the USPTO has recognized some complications in the administrative processes as well as a need for a better understanding of the FITF provisions. A link to the information, including contact information and the agenda, can be accessed here:…
  • Adobe Acrobat Tips for Patent and Trademark Practitioners

    stevenipper
    22 Sep 2014 | 8:40 am
    Here are some helpful posts for patent and trademark practitioners on the use of Adobe Acrobat: Acrobat for Legal Professionals Blog (ALPB) on Converting Color PDFs to Greyscale or Black and White. ALPB on Converting Color PDF to Greyscale PDF (An Update). ALPB on Acrobat 8: New Examine Document Feature. ALPB on Creating Email Portfolios for Small Electronic Data Discovery Productions. ALPB on Preventing Edits to Bates Numbers . . . now with an Action!. ALPB on Preventing Edits to Bates Numbers applied in Acrobat. ALPB on Can I change the number of digits when I Bates Number?. ALPB on Bates…
  • Free/Low Cost IP Statute Supplements

    stevenipper
    12 Sep 2014 | 9:58 am
    It used to be that almost every intellectual property attorney would personally have a printed copy of all of the U.S. patent, trademark and copyright statutes sitting on their desk. Every year, a new edition would be bought to replace the old edition… These compilations are not inexpensive. For instance, a softbound copy of “Federal Intellectual Property Laws and Regulations, 2014 ed.” by Thomson West will set you back $269. Then came the Internet, and the ability to access electronic copies of the statutes online. Many practitioners opted to stop purchasing printed copies…
  • The use of “characterized in that” in claims filed in the United States

    stevenipper
    10 Sep 2014 | 8:27 am
    PCT Rule 6.3(b) states that: Whenever appropriate, claims shall contain: (i) a statement indicating those technical features of the invention which are necessary for the definition of the claimed subject matter but which, in combination, are part of the prior art, [and] (ii) a characterizing portion-preceded by the words “characterized in that,” “characterized by,” “wherein the improvement comprises,” or any other words to the same effect-stating concisely the technical features which, in combination with the features stated under (i), it is desired to…
  • Upcoming USPTO Webinar: “Patent Litigation Tool Kit”

    stevenipper
    4 Sep 2014 | 7:03 am
    The USPTO has announced a new webinar entitled the “PATENT LITIGATION ONLINE TOOL KIT”: Main street business owners and consumers have received letters accusing them of using a patented invention, along with demands for money to settle the dispute. The USPTO will be hosting a webinar discussing the Patent Litigation Online Tool Kit (please see the attached flyer). The litigation tool kit answers common questions about patent litigation such as: What are my options for responding to the suit? How can I tell whether or not I’m infringing? How do I find a lawyer? How can I…
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    Patent Prospector

  • No Means

    17 Oct 2014 | 2:31 am
    Robert Bosch sued Snap-On for infringing 6,782,313, which claims a motor vehicle diagnostic tester. Alas, the tester had no specification support for a testing device. The courts found insufficiency under 35 U.S.C. § 112, ¶ 6, even though there was no explicit "means for" element.  Another stupid patent assertion with another stupid patent bites dust. (CAFC 2014-1040). But then, Robert Bosch is a German company, and their nickel-slick lawyers got paid regardless.
  • Bad Medium

    12 Oct 2014 | 5:59 pm
    EMD Millipore sued Allpure over its device to put "a medium" into and get out of a jar (6,032,543). It lost in summary judgment, for noninfringement, owing to prosecution estoppel. It's easy to tell how lame the assertion was when the claim construction argument went to the meaning of the term "removed." Hamilton, Brook, Smith & Reynolds represented the plaintiff. One can only wonder whether they saw it coming, as they should have. (CAFC 2014-1140)
  • Unobtrusive Manner

    10 Sep 2014 | 7:09 pm
    invigorated standard of indefiniteness inaugurated by the Supreme Court in Nautilus v. Biosig. In an unobtrusive manner, the appeals court affirmed invalidity under 35 U.S.C. § 112(b), based upon claiming "an unobtrusive manner." Interval Licensing v. AOL et al (CAFC 2013-1282 etc) precedential; Judges Taranto, Chen A patent must "conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as [the] invention." 35 U.S.C. § 112,¶ 2 (2006).5 A claim fails to satisfy this statutory requirement and is thus invalid for…
  • Abstraction Transaction

    7 Sep 2014 | 5:31 am
    In buySAFE v. Google (CAFC 2013-1575), a CAFC panel furthers the Supreme Court rulings of Bilski and Alice in finding that software which effects "a contractual relationship" or "commercial transactions" are not patent-eligible subject matter.
  • Not Bingo

    27 Aug 2014 | 5:01 am
    Planet Bingo got patents for a computer managing a game of bingo, starting with parent 6,398,646. It assertion against VKGS lasted only until summary judgment, where all claims were found patent ineligible under § 101. Like Alice and Bilski, there is no bingo no more for patents claiming to "organize human activity." The courts consider that too abstract. Speaking of abstraction, try this on for gibberish: "Abstract ideas may still be patent-eligible if they contain an "'inventive concept' sufficient to 'transform' the claimed abstract idea into a patent-eligible application."" Sounds like…
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    Dear Rich: Nolo's Intellectual Property Blog

  • Can I Embed YouTube Video at For-Profit Site?

    The Dear Rich Staff
    20 Oct 2014 | 6:00 am
    Judge PosnerSeventh CircuitDear Rich: Is it safe to embed YouTube videos in courses that are developed for-profit? The YouTube terms and service page indicates that the embed code they offer is designed to make sharing/embedding possible regardless of use. We noticed that your email was from Canada so we must caveat our answer by stating that our answer is based on U.S. copyright law. Though similar, the two nations differ in terms of legal precedent, fair use, and educational uses, among other things. The short answer is that embedding is probably not copyright infringement but may be a…
  • What the Supreme Court Didn't Say About eBooks

    The Dear Rich Staff
    15 Oct 2014 | 6:00 am
    Dear Rich: I recently received a takedown notice for posting free eBooks. Why do publishers still hassle people now that the Supreme Court has said it's okay to digitize and scan books? Perhaps it occurred in a parallel universe ... but we don't find any caselaw from the Supreme Court that states it's okay to scan and distribute eBooks. Are you referring to this case in which a Court of Appeals held that it was fair use to digitize books for purposes of creating a database? That database was used for keyword searching; users could not read the books.Bottom Line Dept. It would be…
  • Game App Trademark Specimen

    The Dear Rich Staff
    14 Oct 2014 | 6:00 am
    Dear Rich: We're going to launch a game app soon and wanted to trademark the name. It's a download only and we're trying to do the registration by ourselves but we're confused about the sample they want. We're not advertising it so do we don't have ads to send. Should we just send them the whole game? Trademark examiners at the USPTO might enjoy playing your game but they won't accept it as a trademark specimen (the official name for the sample). We'd suggest that you provide a screen shot of the title or launch screen -- that's the graphic typically displayed at the beginning of a game…
  • Puzzling Question

    The Dear Rich Staff
    13 Oct 2014 | 6:00 am
    Dear Rich: I am writing a book on problem solving that I will publish independently -- around a few hundred copies to give away and maybe a few more to sell. I will be using examples of puzzles and games (taken from the Internet, email forwards, newspapers, books...) The book starts with puzzles for children and evolves into all sorts of puzzles (including counting shapes, tanagrams, matchstick and coin puzzles, crosswords, jig-saw puzzles, find the hidden objects in pictures, and find the differences between pictures). I also explore games like Sudoku, Solitaire, Minesweeper, Rubik's cube,…
  • Can I Use Carpet Pattern from The Shining?

    The Dear Rich Staff
    9 Oct 2014 | 6:00 am
    Dear Rich: I am an independent knitwear designer, and I designed a caplet using the brown, orange and red carpet pattern from the Shining. Initially I did it entirely for personal use as part of costume. However now that it is finished, I'd like to make the pattern available for sale to other knitters, who may or may not use the iconic colors, but like the the design and want to make their own. I'm at a loss though on how to navigate this issue legally. From reading your blog I understand that movie costumes are not covered by copyright, but are set details like the carpet, or other furniture…
 
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    Latest Patents

  • Amazon patent applications published on 16 October 2014

    Administrator
    16 Oct 2014 | 10:51 am
    8 US patent applications published on 16 October 2014 and assigned to Amazon 1 20140310510 REMOTE ATTESTATION OF HOST DEVICES 2 20140310509 HOST RECOVERY USING A SECURE STORE 3 20140310418 DISTRIBUTED LOAD BALANCER 4 20140310417 CONNECTION PUBLISHING IN A DISTRIBUTED LOAD BALANCER 5 20140310391 MULTIPATH ROUTING IN A DISTRIBUTED LOAD BALANCER 6 20140310390 ASYMMETRIC PACKET FLOW IN A DISTRIBUTED LOAD BALANCER 7 20140310249 DATABASE COST TRACING AND ANALYSIS 8 20140310048 SUPPLY RISK DETECTION
  • Apple patent applications published on 16 October 2014

    Administrator
    16 Oct 2014 | 10:51 am
    21 US patent applications published on 16 October 2014 and assigned to Apple 1 20140310821 ELECTRONIC SINGLE ACTION SOFTWARE DISTRIBUTION 2 20140310781 METHODS FOR MANAGING AUTHORITY DESIGNATION OF GRAPHICAL USER INTERFACES 3 20140310649 POP-UP MENU INTERFACE 4 20140310549 FIFO Clock and Power Management 5 20140310540 Interrupt Based Power State Management 6 20140310534 DATA SCRAMBLING IN MEMORY DEVICES USING COMBINED SEQUENCES 7 20140310469 COHERENCE PROCESSING WITH PRE-KILL MECHANISM TO AVOID DUPLICATED TRANSACTION IDENTIFIERS 8 20140310443 Shims for Processor Interface 9 20140310437 Round…
  • Canon patent applications published on 16 October 2014

    Administrator
    16 Oct 2014 | 10:51 am
    37 US patent applications published on 16 October 2014 and assigned to Canon 1 20140310323 STORAGE DEVICE PERMITTING FILE STORAGE ACCORDING TO EXTENSION, METHOD OF CONTROLLING THE SAME, PROGRAM, AND STORAGE MEDIUM 2 20140309329 WATER-REPELLENT ANTIFOULING COATING MATERIAL 3 20140308610 TONER AND METHOD FOR MANUFACTURING TONER PARTICLES 4 20140308093 SHEET PROCESSING APPARATUS 5 20140308050 IMAGE HEATING APPARATUS AND IMAGE FORMING APPARATUS 6 20140308049 IMAGE FORMING APPARATUS HAVING TWO OR MORE LIGHT RECEIVING UNITS 7 20140308028 SUBSTRATE HEAT TREATMENT APPARATUS 8 20140308018 IMAGE…
  • eBay patent applications published on 16 October 2014

    Administrator
    16 Oct 2014 | 10:50 am
    7 US patent applications published on 16 October 2014 and assigned to eBay 1 20140310752 SHOPPING IN A MEDIA BROADCAST CONTEXT 2 20140310304 SYSTEM AND METHOD FOR PROVIDING FASHION RECOMMENDATIONS 3 20140310153 SYSTEMS AND METHODS FOR MOBILE DEVICE FINANCING 4 20140310131 SEARCHABLE TEXTURE INDEX 5 20140309987 RECONCILING DETAILED TRANSACTION FEEDBACK 6 20140309802 METHODS, SYSTEMS, AND APPARATUS FOR DATACENTER POWER DISTRIBUTION 7 20140308977 PASSIVE CHECK-IN
  • Fujitsu patent applications published on 16 October 2014

    Administrator
    16 Oct 2014 | 10:50 am
    30 US patent applications published on 16 October 2014 and assigned to Fujitsu 1 20140310822 CERTIFICATE GENERATION METHOD, CERTIFICATE GENERATION APPARATUS, INFORMATION PROCESSING APPARATUS, AND COMMUNICATION DEVICE 2 20140310813 DETERMINING SOFTWARE METRICS 3 20140310723 DATA PROCESSING APPARATUS, TRANSMITTING APPARATUS, TRANSMISSION CONTROL METHOD, SCHEDULING METHOD, AND COMPUTER PRODUCT 4 20140310677 BOARD DESIGN AID DEVICE, BOARD DESIGN AID METHOD, AND BOARD DESIGN AID PROGRAM 5 20140310667 CIRCUIT DESIGN SUPPORT METHOD, COMPUTER PRODUCT, AND CIRCUIT DESIGN SUPPORT APPARATUS 6…
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    Intellectual Property RSS Feed | JD Supra Law News

  • PTAB Designates Two Recent Decisions as Informative

    McDermott Will & Emery
    20 Oct 2014 | 4:02 pm
    Garmin Int’l, Inc., et al. v. Cuozzo Speed Technologies LLC; Idle Free Systems, Inc. v. Bergstrom, Inc. - The Patent Trial and Appeal Board (Board) recently designated as “informative” two decisions earlier released from concluded inter partes...By: McDermott Will & Emery
  • Spread Out! Double Space Everything

    Harness, Dickey & Pierce, PLC
    20 Oct 2014 | 3:29 pm
    In Microsoft Corporation v. Cellular Communications Equipment LLC, IPR2015-00011, Paper 3, (October 17, 2014), the Board gave Microsoft’s petition a filing date but required Microsoft to re-file the Petition because it contained singled spacing....By: Harness, Dickey & Pierce, PLC
  • ITC Section 337 Update – October 2014

    King & Spalding
    20 Oct 2014 | 3:07 pm
    Conference on Subpoena Practice in Section 337 Investigations – On October 14, 2014 (2:00 – 4:00 p.m.), a conference was held in the Commission’s Main Hearing Room on subpoena practice in Section 337 Investigations. The conference focused on...By: King & Spalding
  • Amy, Whatcha Wanna Do (About this TM)?

    Winthrop & Weinstine, P.A.
    20 Oct 2014 | 3:06 pm
    As we start to think about welcoming in the weekend, why don’t we all hum this Pure Prairie League tune, while viewing this image and reading this very brief blog post......By: Winthrop & Weinstine, P.A.
  • International v domestic US trademark registrations: pick your poison

    Kirton McConkie PC
    20 Oct 2014 | 3:03 pm
    The USPTO’s statistics for the year to date report that just 2.6% of international trademark applications (Madrid) are approved upon first action, compared to 34.1% of applications via TEAS Plus and 17% by TEAS. For applicants this creates a number...By: Kirton McConkie PC
 
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    Florida IP

  • Attorney Fees Upheld For Prevailing Defendant

    Woodrow Pollack
    7 Oct 2014 | 3:39 am
    InDyne, Inc. sued Abacus Technology Corp. for copyright infringement relating to Abacus's setting up of a NASA website.  InDyne's allegations were that Abacus used InDyne's software for setting up the NASA website and such usage infringed InDyne's copyright.The trial court granted summary judgment of non-infringement to Abacus, finding that InDyne did not have sufficient evidence to show that the copied elements of software were original, and thus worthy of copyright protection.  Abacus sought and was awarded its fees as a prevailing party under 17 U.S.C. § 505.  InDyne…
  • Where To Litigate "Disposable Living-Grass Pet Toilets?"

    Woodrow Pollack
    25 Aug 2014 | 6:10 am
    Fresh Patch, LLC owns U.S. Patent 8,522,719 directed to a pet toilet continuous delivery and replacement method.  Fresh Patch ("Real Dogs Use REAL Grass") offers a subscription service where they send you a patch of grass each week for your pet to use as a toilet.  DoggieLawn ("Your Dog's Backyard In A Box") offers a competing service.  Fresh Patch sued DoggieLawn and its owner for patent infringement.  DoggieLawn moved to transfer the case from the Middle District of Florida to DoggieLawn's home in the Central District of California.  The Court addressed the typical…
  • Different Standards For Deciding Whether To Stay?

    Woodrow Pollack
    18 Aug 2014 | 4:58 am
    You may recall that Judge Covington denied a defendant's request to stay litigation, rejecting that defendant's argument that it was merely a "peripheral" defendant since it had only bought the accused product from another defendant.  While the Court noted in that decision that cases are generally stayed against peripheral defendants, that general rule does not apply where the peripheral defendant and the plaintiff are competitors.  In denying the peripheral defendant's request for stay, the Court required that defendant to put forward "an undue hardship or inequity."  Because…
  • Who Do You Sue For Copyright Infringement, Father or Son?

    Woodrow Pollack
    6 Aug 2014 | 4:56 am
    When last we checked in with Malibu Media (owner of a library of adult films and associated copyrights), Malibu had filed suit against John Doe and then used the Court's subpoena power to take an IP address which identified an alleged infringer's network connection and force the ISP to identify which subscriber belonged to that IP address.  (The Electronic Frontier Foundation has written about Malibu Media here.) In another case, a little further down the enforcement timeline, Malibu Media had received from the ISP the subscriber's identity.  But instead of suing the subscriber,…
  • Super Sacking -- Does a Covenant Not To Sue Eliminate Subject Matter Jurisdiction on a Subsequent Infringement Claim?

    Woodrow Pollack
    31 Jul 2014 | 4:30 am
    Apparently not.  Foliar Nutrients sued Plaint Food Systems (PFS) in 2004 for infringing a number of its patents.  After PFS sought reexamination of some of those patents, the parties settled.  That settlement called for Foliar to pay PFS $50,000 over five years, and included a mutual covenant not to sue where Foliar agreed not to assert its previously asserted patents and PFS agreed not to challenge their validity.The settlement didn't work.  After the first year's payment, the parties were unable to continue operating under the agreement.  PFS sued Foliar a couple of…
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    Patexia Rss Feed

  • Microsoft Gets SurfCast Display Patent Nixed In AIA Review

    20 Oct 2014 | 11:25 am
    Microsoft Gets SurfCast Display Patent Nixed In AIA Review - Law360 The Patent Trial and Appeal Board ruled Tuesday that a SurfCast Inc. graphical user interface patent is invalid, in a win for Microsoft Corp., whose Windows 8 and Windows Phone 7 operating systems are accused of infringing the patent.All 52 claims of SurfCast's patent, which covers a computer display that organizes content from a variety of sources into a grid of tiles that is constantly updated, are invalid as...
  • Amgen Files Patent Infringement Suit Over Cholesterol Drug

    20 Oct 2014 | 11:23 am
    Amgen Files Patent Infringement Suit Over Cholesterol Drug Amgen Inc. said last Friday that it has filed a patent-infringement lawsuit against Regeneron Pharmaceuticals Inc. and Sanofi over their experimental cholesterol drug, alirocumab. The suit, filed in the U.S. District Court of Delaware, comes as Amgen and Regeneron and Sanofi race to be the first to get their cholesterol drugs to the market. The suit alleges that Regeneron and Sanofi are violating three Amgen patents...
  • Canon Patent Describes Tech to Choose Between JPEG and RAW For You

    20 Oct 2014 | 11:19 am
    Canon Patent Describes Tech to Choose Between JPEG and RAW For You RAW or JPEG? JPEG or RAW? Too. Many. Decisions. Fortunately, a new Canon patent suggests technology that could make that choice for you.Discovered by Egami, the patent explains a feature for DSLRs that could, if you wanted it to, automate the choice between JPEG and RAW file types. The idea is simple: when acquiring hundreds of images, it pays to save the best ones as RAW and the less good ones as JPEGs, but nobody...
  • Chinese PM Says Intellectual Property Rights Must be Protected

    16 Oct 2014 | 8:09 am
    Chinese PM says intellectual property rights must be protected | Reuters MILAN (Reuters) - Chinese Prime Minister Li Keqiang said on Thursday that the only way to ensure future technological innovation is by protecting intellectual property rights, touching on an issue important to Western countries concerned about counterfeit goods.   "We must protect intellectual property rights," Li said in a speech at a Milan university before attending a Europe-Asia...
  • Patent Boxes Come To Ireland & UK, Why Not U.S.?

    16 Oct 2014 | 8:05 am
    Patent Boxes Come To Ireland & UK, Why Not U.S.? - Forbes Patent Boxes Encourage R&D and Manufacturing, Taxing IP Revenues At Low Rates. Why Not Keep Them at Home Instead of Offshore?   Ireland’s Finance Minister Michael Noonan is introducing a patent box to encourage intellectual property held in Ireland. It should especially appeal to tech groups, which may get additional incentives to store data there. And what about the U.S.? A special...
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    Arizona IP Attorney » Blog

  • ALS Association Wants Trademark Rights to ‘Ice Bucket Challenge’

    JacksonWhite Law
    16 Oct 2014 | 12:35 pm
    Lately, individuals have not been able to open their social media accounts without witnessing another ALS ice bucket challenge. It seems everyone is participating. In fact, with the help of the challenge, the ALS Association has been able to raise over $94 million in under a month. With all the commotion, the ALS association is wanting even more than donations: trademark rights. Shameful Two trademark applications were filed last week by the ALS Association. The applications claim that the ALS Association owns the phrases “ice bucket challenge” and “ALS ice bucket challenge” for…
  • Jay Z, Kanye West Sued for Copyright Infringement

    JacksonWhite Law
    14 Oct 2014 | 3:30 am
    Jay Z and Kanye West, along with Frank Ocean, collaborated for the song “Made in America” on the Watch the Throne album. After resent accusations, it seems the throne might be in trouble! Jay Z and Kanye Sued The two rappers are being accused of copyright infringement. The claim was made by Joel McDonald, a musician residing in New York. He claims the chart-topping rappers stole the idea for the song from his work “Made in America” which was released in 2009. McDonald is seeking $3 million in damages. Not the First Accusation  This is not the first song from the album facing issues.
  • Half of U.S. Trademark Registrations Could Be “Partially Illegitimate”

    JacksonWhite Law
    14 Oct 2014 | 2:37 am
    The U.S. Patent and Trademark Office recently conducted a survey that revealed nearly half of all federal trademarks are at least partially illegitimate. The Survey 500 trademark registrations were analyzed in the survey and half of these registrations contained false claims regarding the goods or services. These illegitimate trademarks are blocking legitimate business from obtaining the trademark registries they want or prefer. How did this happen? When registering for a trademark, individuals must list all goods and/or services that will be covered by the registration. The rights offered by…
  • Monkey Owns Copyright to Its Picture?

    JacksonWhite Law
    9 Oct 2014 | 10:25 am
    It turns out Wikipedia is leading the movement for animal rights…or so it would seem after they claimed a macaque monkey owns the copyright to its own picture. Monkey Business This monkey selfie occurred in Indonesia while David Slater, a photographer, had traveled there. The macaque reportedly snatched the photographers’ camera and began snapping all sorts of selfies! Now Wikipedia administrators are refusing to remove the selfie snapped by the monkey because they claim the animal owns the rights, not Slater. Of course, the photographer is livid. He expressed his anger in an interview…
  • Angry Artist Sues Over “Angry Birds” Trademark

    JacksonWhite Law
    7 Oct 2014 | 10:11 am
    In 2006, a Seattle artist designed a pet toy line for the company known as Hartz. Juli Adams had designed these plush toy animals and called them “Angry Birds.” Three years later, in 2009, an addictive video game was launched, also known as “Angry Birds.” “Angry Birds” Expansion Trouble arouse when the game’s maker, Rovio entertainment, wanted to create plush toys designed modeled after the tower-crushing birds and fearful pigs depicted in their video game. They were unable to because Adams owned the trademark rights for “Angry Birds” pet toys. Angry Adams In hopes of…
 
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