Patents

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  • Medical Patent News

    Bing: patent news
    30 Oct 2014 | 8:05 am
    USITC rules out patent claims on Apex's CPAP-complimentary mask Apex Medical Corporation a leading player in the Respiratory Therapy and Pressure Area Care sectors ...
  • Patent Litigation Reform -- Will the Outcome of the Mid-Term Elections Matter, and Is Reform Still Necessary?

    Patent Docs
    Patent Docs
    30 Oct 2014 | 9:11 pm
    By Andrew Williams -- Unless you have been hiding under a rock, you are probably aware that mid-term elections are next Tuesday. And the issue on every voter's mind is obviously patent litigation reform. In all seriousness, even though the subject of patent reform has not been raised in most races, the concern about so-called patent trolls has not gone away. Along with those concerns, there are a sufficient number of interest groups that will likely push a patent-reform agenda. Therefore, the question exists whether the outcome of the elections will have an impact on whether any such…
  • Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    Techrights
    Dr. Roy Schestowitz
    31 Oct 2014 | 3:07 am
    The golden rule: those who have gold make the rules Summary: How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America Some time after a Reuters article that quotes mostly patent lawyers and speaks for large corporations (we saw it reposted in about a dozen large newspapers, mostly corporate press) the Wall Street media came out with a similar report, repeating some of it later and saying: “Companies that build their business models around aggressive patent litigation are finding…
  • The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part VIII

    Techrights
    Dr. Roy Schestowitz
    31 Oct 2014 | 4:22 am
    The huge scandal that the corporate media seemingly refuses to cover Summary: After Brimelow (shown above), with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders THE EPO is no stranger to scandals (including some involving Alison Brimelow, as we noted before). We have covered them for years, but these days we are stunned by the degree of inherent corruption inside the EPO (this is the eighth part among many). The chin drops to the…
  • Supreme Court: A Web of Post-Issuance Licensing Restrictions

    Patently-O » Patent
    Dennis Crouch
    31 Oct 2014 | 5:54 am
    by Dennis Crouch Last year I wrote about the patent licensing decision captioned Kimble v. Marvel Enterprises Inc. (9th Circuit 2013). Kimble involved a patent license agreement tied to Marvel’s web-shooter toy sales. On its face, the agreement appears to remain in force so long as Marvel sold the toys.  However, the 9th Circuit held that the license ended once the patent term lapsed.  The 9th Circuit decision was easy because there is a Supreme Court case on point: Brulotte v. Thys Co., 379 U.S. 29 (1964) (licensing agreement unenforceable because it required royalty payments…
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    patent news - Google News

  • Harvard and MIT Researchers extend their relationship with World Patent ... - PR Newswire (press release)

    31 Oct 2014 | 3:02 pm
    Harvard and MIT Researchers extend their relationship with World Patent PR Newswire (press release)World Patent Marketing specializes in helping inventors with their patent application and related needs for an affordable price. The company and its employees are well known in their industry for their knowledge and expertise in prototypes, provisional and more »
  • Can scientists patent life? The question returns to the Supreme Court - Los Angeles Times

    31 Oct 2014 | 2:25 pm
    U-T San DiegoCan scientists patent life? The question returns to the Supreme CourtLos Angeles TimesThe thorny and unresolved question of whether life itself can be patented may come again before the U.S. Supreme Court, if it accepts a motion filed Friday by Santa Monica-based Consumer Watchdog. (H/T to David Jensen's California Stem Cell Report.).Stem cell patent to reach Supreme CourtU-T San DiegoPatent Reform Dead if CAFC Reviews Willfulness En BancIPWatchdog.comWill 'Loser Pays' Become Norm in Patent Cases?Connecticut Law TribuneCorporate Counsel (registration) -PR…
  • Samsung fires another shot at Microsoft in Android patent battle - ZDNet

    31 Oct 2014 | 1:58 pm
    Android Headlines - Android NewsSamsung fires another shot at Microsoft in Android patent battleZDNetYou might think that Samsung stopped paying Android patent licensing fees to Microsoft because of concerns about the viability of Microsoft's Android patents, but that's not what Samsung has been arguing. Instead, Samsung's position has been that ...Samsung Files Counterclaim Against Microsoft Over Patent Licensing LawsuitAndroid Headlines - Android NewsSamsung says Microsoft deal invites 'charges of collusion': filingReuters UKall 26 news articles »
  • Denver company applies for pot patent - Denver Business Journal

    31 Oct 2014 | 11:32 am
    Denver company applies for pot patentDenver Business JournalUnited Cannabis Corp. had filed for a patent on its cannabinoids with the U.S. Patent and Trademark Office, with the hopes of expanding its medical marijuana capabilities. The Denver-based company wants to offer its cannabinoids in pill form for the ...and more »
  • Canon's Diversified Patents: Robotics to Touchscreens and Medical Innovations - IPWatchdog.com

    31 Oct 2014 | 6:29 am
    IPWatchdog.comCanon's Diversified Patents: Robotics to Touchscreens and Medical InnovationsIPWatchdog.comA trio of patent applications that piqued our interest during our latest survey of Canon's innovations feature improvements to various printing technologies developed by the company. An invention for reducing errors from occurring in multifunction
 
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    Bing: patent news

  • Breaking Patent News - Understanding Patents for Your Business

    31 Oct 2014 | 3:32 am
    What is the Latest Patent News? Hello. Patent News is a relatively new page on this site. It's purpose is to provide a mode to post news from the world of patents.
  • Rolf Claessen's IP Newsflash - patent and ip news, patent ...

    30 Oct 2014 | 1:20 pm
    Hourly updated patent news, trademark headlines, intellectual property stories as well as related decisions, caselaw, notices of the offices, books, patent family
  • Alltop - Top Patents News

    30 Oct 2014 | 8:27 am
    Hourly updated patent news, trademark headlines, intellectual property stories as well as related decisions, caselaw, notices of the offices, books, patent family.
  • Medical Patent News

    30 Oct 2014 | 8:05 am
    USITC rules out patent claims on Apex's CPAP-complimentary mask Apex Medical Corporation a leading player in the Respiratory Therapy and Pressure Area Care sectors ...
  • Patent news & IP news | PriorSmart.com

    29 Oct 2014 | 1:14 pm
    Patent News and Intellectual Property News including breaking stories, patent litigations, IP blogs, Tweets, and USPTO stats.
 
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    Techrights

  • Links 31/10/2014: Rubin Leaves Google, Neelie Kroes Ends EU Career

    Dr. Roy Schestowitz
    31 Oct 2014 | 3:33 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Sad News! So, XP is dead, “7” is dying, “8” is a zombie, and “10” is vapourware with nowhere to call home. M$ continues layoffs. POOF! It all falls down. In the meantime Google and the OEMs will crank out many millions of ChromeBooks. Canonical, Linpus, RedHat, Suse… and the OEMs will crank out many millions of GNU/Linux PCs. Several OEMs will crank out many millions of GNU/Linux thin clients. Android/Linux will reverberate with another billion or so units of small cheap…
  • The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part VIII

    Dr. Roy Schestowitz
    31 Oct 2014 | 4:22 am
    The huge scandal that the corporate media seemingly refuses to cover Summary: After Brimelow (shown above), with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders THE EPO is no stranger to scandals (including some involving Alison Brimelow, as we noted before). We have covered them for years, but these days we are stunned by the degree of inherent corruption inside the EPO (this is the eighth part among many). The chin drops to the…
  • Claiming That Microsoft ‘Loves’ Linux While Windows Update Bricks Devices With Linux

    Dr. Roy Schestowitz
    31 Oct 2014 | 3:25 am
    In Microsoft’s own words: Summary: The sheer absurdity of claims that Microsoft — which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability — ‘loves’ Linux A followup on the story about Windows Update essentially bricking Linux devices (peripheral to the PC) is proving to be rather spooky. Nobody was going to court; people can apparently just brick hardware deliberately, without due process and without facing consequences for such destructive actions. “Nobody was…
  • Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    Dr. Roy Schestowitz
    31 Oct 2014 | 3:07 am
    The golden rule: those who have gold make the rules Summary: How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America Some time after a Reuters article that quotes mostly patent lawyers and speaks for large corporations (we saw it reposted in about a dozen large newspapers, mostly corporate press) the Wall Street media came out with a similar report, repeating some of it later and saying: “Companies that build their business models around aggressive patent litigation are finding…
  • Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Dr. Roy Schestowitz
    30 Oct 2014 | 3:37 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Desktop China will upgrade all PCs to Linux by 2020 China have announced a new time frame in which they will move to a new operating system. It will consist of 15% of government computers being switched to Linux per year. The report by Ni Guangnan outlining the transition won government approval and by 2020 the Chinese Government’s transition to Linux should be complete. Things I Do in Windows When I Forget It’s Not Linux Many Linux users out there dual-boot with a Windows system, or they…
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    Anticipate This!™ | Patent and Trademark Law Blog

  • They Invented What? (No. 241)

    Jake Ward
    23 Oct 2014 | 12:23 pm
    U.S. Patent No. D250,901:  Toy figure. JW Note:  A spooky TIW? in view of the upcoming Halloween holiday.  Hat tip to the Creepy IP series at the U.S. Patent and Trademark Office. The ornamental design for a toy figure, substantially as shown.Filed under: They Invented What?
  • 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…
 
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    The IPKat

  • Link and threat? Why the story with hyperlinks and copyright is not over yet

    31 Oct 2014 | 8:29 am
    There are links which may be evencuter than hyperlinksBesides the terrible, Halloween-related, pun in the title of this post, the question is: do you need permission from the relevant rightolder to link to copyright-protected content? This question has haunted the minds of many good copyright souls for a long time, even after the Court of Justice of the European Union (CJEU) issued its decision in Svensson in February last [here and here; the Court confirmed its value as a precedent a few days ago in its quick order in BestWater, a case concerning embedded videos].The story with…
  • If all the patent trolls disappear, can royalty stacking take their place?

    31 Oct 2014 | 6:18 am
    This Kat is of the view that when historians take stock of the patent troll/NPE ("non-practising entities") saga, it may rank among the oddest of all IP narratives. More than a decade into the issue, one is hard-pressed to find any consensus on how to define a troll/NPE or how to describe the problems that they have allegedly created. A telling example is that status of universities within the debate. Are they, or are they not, NPEs; is the status of universities in this mix influenced by the fact that most commentators are university faculty members ("Of course universities are not really…
  • Friday fantasies

    31 Oct 2014 | 2:57 am
    Forthcoming events. Please remember to check out the IPKat's Forthcoming Events page! There's always something going on there, and you might even find a pleasant way to pass the time of day with like-minded IP experts and/or enthusiasts.   Here's a reminder that the annual IP Publishers and Editors Lunch on 25 November [see the top of the IPKat's home page sidebar for details] now has nearly 60 registrants -- and there's still room for more. If you are involved in the traditional or online dissemination of IP-related information, or if you edit it or compose it for media release, do…
  • How illegal is illegality? Supreme Court dismisses appeal in Servier v Apotex

    30 Oct 2014 | 4:33 pm
    Les Laboratoires Servier & Another v Apotex Inc & Others [2014] UKSC 55 is a shorter and less formidable UK Supreme Court decision than this Kat initially feared. This ruling addressed a point of principle that is academically most interesting even though it doesn't crop up in court on a daily basis: does the defence of illegality bar a claim on a cross-undertaking in damages given by a patent owner in order to obtain an interim injunction where his UK patent is held to be invalid but his corresponding Canadian patent is held to be infringed? Servier made a pharmaceutical…
  • "Almost identical, just with different names": shopping at Aldi

    30 Oct 2014 | 2:19 am
    "My first time at Aldi... Should we all be shopping there?" is an article by Felicity Hannah, posted on Yahoo!'s UK & Ireland Finance page with the byline "Our money saving columnist takes her first trip to a discounter to see what all the fuss is about".  The text in red, in the extract below, is enough to make any independent brand owner see red. Felicity writes:" ...Although my friends rave about the prices and value, and my husband occasionally slips in to buy prize-winning booze, I have not personally shopped in an Aldi, Lidl or any of the discount supermarkets taking Britain by…
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    Patent Baristas

  • CEA Marketing Group Wants You To Tell the Senate to Stop Patent Trolls

    Stephen Jenei
    28 Oct 2014 | 11:21 am
    A marketing company is currently helping CEA and a coalition of other companies (and legislators!) in a project to raise awareness to fight “patent troll” issues and to petition the senate for Patent Legislation Reform. According to the site, their message is: Sign our petition now and tell the Senate to focus on patent reform during lame duck. No more excuses! However, the site does not tell you anything further without having to input all of your information, which we were not willing to do.  The CEA does have lots of anti-troll websites and campaigns and there is no…
  • What is Intellectual Property? A Student Guide and Definition.

    Stephen Jenei
    24 Oct 2014 | 7:54 am
    Innovate Product Design has created this infographic on “What is Intellectual Property? A Student Guide and Definition.” The infographic is intended to help people and students understand the importance of intellectual property and why it is also important for designers to protect their creative idea. © 2014 Innovate Product Design URL to Infographic: http://www.innovate-design.co.uk/student-guide-to-ip/ Related posts: Book Review Monday: The Business of Intellectual Property World Intellectual Property Day 2011: Designing the Future Book Review Monday: Intellectual Property Culture
  • 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…
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    Patent Docs

  • Patent Litigation Reform -- Will the Outcome of the Mid-Term Elections Matter, and Is Reform Still Necessary?

    Patent Docs
    30 Oct 2014 | 9:11 pm
    By Andrew Williams -- Unless you have been hiding under a rock, you are probably aware that mid-term elections are next Tuesday. And the issue on every voter's mind is obviously patent litigation reform. In all seriousness, even though the subject of patent reform has not been raised in most races, the concern about so-called patent trolls has not gone away. Along with those concerns, there are a sufficient number of interest groups that will likely push a patent-reform agenda. Therefore, the question exists whether the outcome of the elections will have an impact on whether any such…
  • President and Fellows of Harvard College v. Lee (Fed. Cir. 2014)

    Patent Docs
    29 Oct 2014 | 9:59 pm
    By Kevin E. Noonan -- One of the most iconic inventions of the biotechnology era is the "Harvard Oncomouse" invented by Philip Leder and Timothy Stewart in the early 1980's. One of the first transgenic mice transformed with DNA encoding something other than a mammalian virus, these mice were susceptible to certain cancers due to the presence in their germline (and thus all somatic tissues) of an activated form of the c-myc oncogene. Ultimately three patents arose from the disclosure of this invention, having the following representative claims: • U.S. Patent No 4,736,866 (filed June 22,…
  • Examination of Myriad-Mayo Guidance Comments -- University Community Joint Comment

    Patent Docs
    28 Oct 2014 | 9:59 pm
    By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo Guidance"), to implement 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). At a…
  • PTAB Update -- Is "Broadest Reasonable Interpretation" the Appropriate Standard?

    Patent Docs
    27 Oct 2014 | 9:59 pm
    By Andrew Williams -- One of the more controversial rules concerning PTAB trials promulgated by the USPTO in the wake of the America Invents Act was the adoption of the "broadest reasonable interpretation" ("BRI") claim construction standard for proceedings before the Board. It was no surprise, therefore, that when the Patent Office requested feedback on the rules concerning PTAB trial proceedings, one of the highlighted issues was: "Under what circumstances, if any, should the Board decline to construe a claim in an unexpired patent in accordance with its broadest reasonable construction in…
  • Court Report

    Patent Docs
    26 Oct 2014 | 9:17 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AstraZeneca Pharmaceuticals LP et al. v. Pharmadax USA, Inc. et al. 8:14-cv-01710; filed October 23, 2014 in the Central District of California • Plaintiffs: AstraZeneca Pharmaceuticals LP; AstraZeneca UK Ltd. • Defendants: Pharmadax USA, Inc.; Pharmadax Inc.; Pharmadax Guangzhou Inc. Infringement of U.S. Patent No. 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of Pharmadax's filing of an…
 
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    Patently-O » Patent

  • Supreme Court: A Web of Post-Issuance Licensing Restrictions

    Dennis Crouch
    31 Oct 2014 | 5:54 am
    by Dennis Crouch Last year I wrote about the patent licensing decision captioned Kimble v. Marvel Enterprises Inc. (9th Circuit 2013). Kimble involved a patent license agreement tied to Marvel’s web-shooter toy sales. On its face, the agreement appears to remain in force so long as Marvel sold the toys.  However, the 9th Circuit held that the license ended once the patent term lapsed.  The 9th Circuit decision was easy because there is a Supreme Court case on point: Brulotte v. Thys Co., 379 U.S. 29 (1964) (licensing agreement unenforceable because it required royalty payments…
  • Patent Attorneys Face Multiple-Jeopardy

    Dennis Crouch
    30 Oct 2014 | 5:01 pm
    Earlier in the week, I wrote about the issue of “multiple-jeopardy“. This week, the patent-world has also faced “Double Jeopardy” with two patent attorneys competing and winning their rounds on the television show Jeopardy. Congratulations to Patent Attorney and Blogger Ryan Alley (Ryan Alley IP) on his Jeopardy win this week! Alley made it a “true daily double” by questioning the following answer: White House counsels John Dean & Kathryn Ruemmler went to this law school not far from Pennsylvania Ave. His two-day total is $39,800 and he will go again…
  • Software Patenting: Are you Smarter than a Fourth Grader

    Dennis Crouch
    30 Oct 2014 | 3:51 am
    by Dennis Crouch This morning I mentioned one bit of the ongoing software-patent debate to my 9-year-old daughter.  I told her that some people argue that the computer is a different machine when it is running Microsoft Word than when it is running her WarriorCat game.  As an old Newtonian mechanical engineer, that argument never sits well with me. (I think software is patent-eligible on other grounds).  I was surprised that she bought-in to the different-machine argument. Robin explains: Sure, the box is the same in both situations. But, Microsoft Word obeys me and the the game thwarts…
  • Rise of Computer Patents

    Dennis Crouch
    29 Oct 2014 | 1:04 pm
    It is fairly difficult to nail-down which patents are “software” patents.  For the chart below, I parsed through all utility patents issued since 1976 and looked for any of the following keywords within an independent claim: computer; processor; software; machine.readable; information; memory; data; virtual; or storage.media.
  • More Engineers => More Patents

    Dennis Crouch
    29 Oct 2014 | 6:20 am
    In a new article, Economist John Winters (OSU) looked at the link between collegiate STEM training (university degree) and innovation-intensity (per capita patenting). The findings are not surprising — locations with more STEM graduates have a higher per capita rate of patenting.  Of importance, Winters found this to be true regardless of whether the graduates were US-native or foreign trained.   Figure 1 above charts the per-capita patenting (log) against the population-share of STEM-graduates.  Each point represents one of the 300+ U.S. metropolitan area in the study.  The…
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    Patent Prospector

  • Obvious After the Fact

    22 Oct 2014 | 2:09 am
    A petition for rehearing en banc at the CAFC for a drug obviousness case (Bristol-Myers Squibb v. Teva - CAFC 2013-1306) was denied. What was remarkable was the inane confusion at the court. Judges Dyk and Wallach stated that "post-invention evidence" is rightly not allowed in considering obviousness. As Judge Newman observed: "Precedent is clear that the information and comparative data presented as evidence of nonobviousness need not have existed before the patent application was filed," noting the secondary consideration of commercial success, and citing several instances where evidence of…
  • 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.
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    Dear Rich: Nolo's Intellectual Property Blog

  • Contract Survivalists: When Is the Contract Over?

    The Dear Rich Staff
    31 Oct 2014 | 6:31 am
    Here's a tip to survive Halloween. Check out more PD Halloween postcards.Dear Rich: We were asked to sign a work for hire agreement to modify a website. The contract was for a year, but there was language in it that seemed to contradict the one-year thing. The language said that three provisions in the agreement survived termination and could be enforced after the contract was over. This doesn't make sense. If the contract is over, how can the company still have any rights over me? Right, you would think that once the contract is done, it's done! But just because an agreement terminates…
  • Old Man and the ©: Book Cover in Video

    The Dear Rich Staff
    29 Oct 2014 | 6:04 am
    Dear Rich: I'm working on a corporate video that will live on Youtube and Vimeo. In the video, we see the character reading Hemingway's "The Old Man and the Sea." Do I need permission from the publisher and/or writer's estate to be able to do this? To be clear, the character does not read the book aloud, we only see the book cover (essentially, the book is a prop). The short answer would be that if the book is used as a prop (anything an actor holds or carries), is visible for more than a fleeting shot (30 seconds or more) and if the book is used as a plot point (the character talks…
  • Speedy Scaffolding: Long Wait for Registration

    The Dear Rich Staff
    27 Oct 2014 | 6:00 am
    Dear Rich: I wrote a book for contractors and in it I describe a unique and speedy way to erect scaffolding. I was going to self-publish the book but I wanted to wait until I get the copyright registration. The Copyright Office said that it could take up to eight months to process my application. I'm hesitant to publish the book because the process has been a secret up to this point. Does every author have to wait this long? Yes, the processing time for applications is the same for everyone (8 months for online applications, 13 months for paper) unless the applicant qualifies for…
  • Do I Need Releases for Self-Published Photo Book?

    The Dear Rich Staff
    24 Oct 2014 | 6:00 am
    Two shots from "Summer Weather" a photo book featuring1983 head shots of aspiring TV weather reportersby Michael Jang Dear Rich: I wanted to self-publish a small collection of my photographs of people. As I will try to sell this, do I need model releases for these old pix? Or, can I apply the 15 percent rule and somehow alter the photographs for fair use? It would be helpful to have a 15% rule to set the boundaries for copying or modifications, but unfortunately no such limitation exists in copyright law. A judge recently attempted to set a 10% standard to justify educational…
  • Let My Copyright Go: The 3D Moses

    The Dear Rich Staff
    23 Oct 2014 | 6:00 am
       Michelangelo's original                           3D copy Dear Rich: I’m part of the open source 3D printer community and this question was posted to a forum hosting 3D designs. Someone photographed an exact replica of Michelangelo's Moses at a local college. Someone else, using software, generated a 3D version of the statue. At the college's request these 3D works have been deleted. Given Michelangelo is long dead, I would have thought that both the original and any non-transformative reproductions would be…
 
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    Latest Patents

  • Amazon patent applications published on 30 October 2014

    Administrator
    30 Oct 2014 | 3:52 pm
    5 US patent applications published on 30 October 2014 and assigned to Amazon 1 20140325116 SELECTIVELY PERSISTING APPLICATION PROGRAM DATA FROM SYSTEM MEMORY TO NON-VOLATILE DATA STORAGE 2 20140325037 Automated Creation of Private Virtual Networks in a Service Provider Network 3 20140324920 OBJECT STORAGE USING MULTIPLE DIMENSIONS OF OBJECT INFORMATION 4 20140324881 METHOD AND APPARATUS FOR STRESS MANAGEMENT IN A SEARCHABLE DATA SERVICE 5 20140324785 EFFICIENT READ REPLICAS
  • Apple patent applications published on 30 October 2014

    Administrator
    30 Oct 2014 | 3:52 pm
    14 US patent applications published on 30 October 2014 and assigned to Apple 1 20140324969 METHOD AND APPARATUS FOR LISTENING FOR INCOMING CALLS ON MULTIPLE PORT/SOCKET COMBINATIONS 2 20140324965 RECOMMENDING MEDIA ITEMS BASED ON PURCHASE HISTORY 3 20140324884 RECOMMENDING MEDIA ITEMS 4 20140324435 COMBINED STATISTICAL AND RULE-BASED PART-OF-SPEECH TAGGING FOR TEXT-TO-SPEECH SYNTHESIS 5 20140323063 Methods for Manufacturing an Antenna Tuning Element in an Electronic Device 6 20140322590 REDUCING POUCH THICKNESSES IN BATTERY CELLS FOR PORTABLE ELECTRONIC DEVICES 7 20140322575 MULTIPLE…
  • Canon patent applications published on 30 October 2014

    Administrator
    30 Oct 2014 | 3:51 pm
    81 US patent applications published on 30 October 2014 and assigned to Canon 1 20140325517 SERVER SYSTEM, METHOD FOR CONTROLLING THE SAME, AND PROGRAM FOR EXECUTING PARALLEL DISTRIBUTED PROCESSING 2 20140325433 INFORMATION PROCESSING DEVICE, DISPLAY CONTROL METHOD, AND COMPUTER PROGRAM RECORDING MEDIUM 3 20140325386 INFORMATION PROCESSING APPARATUS, INFORMATION PROCESSING APPARATUS CONTROL METHOD AND STORAGE MEDIUM 4 20140325085 COMMUNICATION DEVICE, METHOD FOR CONTROLLING COMMUNICATION DEVICE, AND STORAGE MEDIUM 5 20140325049 COMMUNICATION APPARATUS, METHOD FOR CONTROLLING THE SAME, AND…
  • eBay patent applications published on 30 October 2014

    Administrator
    30 Oct 2014 | 3:51 pm
    5 US patent applications published on 30 October 2014 and assigned to eBay 1 20140325455 VISUAL 3D INTERACTIVE INTERFACE 2 20140325453 METHOD AND APPARATUS FOR FACILITATING USER SELECTION OF AN ITEM CATEGORY IN AN ONLINE AUCTION 3 20140324807 AUTOMATIC UPDATE OF SEARCHES 4 20140324725 DELIVERY OF GOODS TO DYNAMICALLY-LOCATED USERS 5 20140324428 SYSTEM AND METHOD OF IMPROVING SPEECH RECOGNITION USING CONTEXT
  • Fujitsu patent applications published on 30 October 2014

    Administrator
    30 Oct 2014 | 3:50 pm
    34 US patent applications published on 30 October 2014 and assigned to Fujitsu 1 20140325529 EVENT MANAGEMENT APPARATUS AND METHOD 2 20140325501 COMPUTER INSTALLATION METHOD, COMPUTER-READABLE MEDIUM STORING COMPUTER INSTALLATION PROGRAM, AND COMPUTER INSTALLATION APPARATUS 3 20140325489 PROGRAMMABLE SYMBOLIC EXECUTION BASED DYNAMIC CHECKER 4 20140325468 STORAGE MEDIUM, AND GENERATION APPARATUS FOR GENERATING TRANSACTIONS FOR PERFORMANCE EVALUATION 5 20140325277 INFORMATION PROCESSING TECHNIQUE FOR MANAGING COMPUTER SYSTEM 6 20140325263 STORAGE SYSTEM, CONTROL APPARATUS, COMPUTER PRODUCT, AND…
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    FreshPatents.com: Image analysis - USPTO Class 382 Patent Applications Update

  • Image domain de-noising

    27 Oct 2014 | 2:45 pm
    An image data processing component (122) includes algorithm memory (212) including one or more image domain only iterative de-noising algorithms (214) based on the Huber roughness penalty minimization and a processor (206) which de-noises reconstructed image data solely in the image domain based on at least one of the Huber...
  • Visual clothing retrieval

    27 Oct 2014 | 2:45 pm
    Techniques are provided for efficiently identifying relevant product images based on product items detected in a query image. In general, a query image may represent a digital image in any format that depicts a human body and one or more product items. For example, a query image may be an...
  • Device, system and method for recognizing action of detected subject

    27 Oct 2014 | 2:45 pm
    The present disclosure discloses a device, a system and a method for recognizing the action of a detected subject. The device includes an input section for the user to input scene mode selected among a plurality of scene modes; a detection section for detecting the action of the detected subject...
  • Method and system for analyzing images from satellites

    27 Oct 2014 | 2:45 pm
    Various embodiments provide a method for analyzing images generated from at least one imaging system on at least one satellite. The method comprises providing at least three images of an area of interest from the at least one imaging system, the provided images being provided from at least three different...
  • Image processing apparatus, image processing method, program, and image processing system

    27 Oct 2014 | 2:45 pm
    An image processing apparatus including a region-of-interest decision unit that identifies an interest space region in which an object to be analyzed is likely to be present based on a distance image, which is shape information of an object space corresponding to a captured image to be analyzed acquired by...
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    Intellectual Property RSS Feed | JD Supra Law News

  • [Video] IP|Trend: Keeping Your Start-Up Compliant

    Robins, Kaplan, Miller & Ciresi L.L.P.
    31 Oct 2014 | 11:27 am
    Start-ups are often focused on getting their product to market and ensuring that their financial runway is adequate to do so. Often though, they leave corporate compliance issues on the back burner. This can have devastating consequences for the...By: Robins, Kaplan, Miller & Ciresi L.L.P.
  • American Broadcasting Cos., Inc. v. Aereo, Inc.

    Loeb & Loeb LLP
    31 Oct 2014 | 10:52 am
    USDC, Southern District of New York, October 23, 2014 - In light of Supreme Court’s recent decision that defendant Aereo, Inc., engaged in public performances under Copyright Act by capturing over-the-air broadcast television content and live...By: Loeb & Loeb LLP
  • False Origin Claims Applicable to Services as Well as Goods

    McDermott Will & Emery
    31 Oct 2014 | 10:27 am
    M. Arthur Gensler, Jr. & Assoc. v. Strabala - Clarifying prior Lanham Act case law related to false designation of origin, the U.S. Court of Appeals for the Seventh Circuit vacated a district court’s dismissal under Fed. R. Civ. P. 12(b)(6),...By: McDermott Will & Emery
  • Counseling Licensors on the Steps They Can Take to Avoid Creating a Franchise Relationship

    Wilentz, Goldman & Spitzer P.A.
    31 Oct 2014 | 10:23 am
    Tracy Mark, who has registered her company’s brand name as a mark with the U.S. Patent and Trademark Office, is successfully promoting her company’s products and services and now would like to leverage the market appeal of her company’s mark. Counsel...By: Wilentz, Goldman & Spitzer P.A.
  • Not Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case

    Loeb & Loeb LLP
    31 Oct 2014 | 10:22 am
    In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's...By: Loeb & Loeb LLP
 
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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

  • Spain Passes Much-Debated 'Google Tax' Intellectual Property Law

    31 Oct 2014 | 9:12 am
    Spain Passes Much-Debated 'Google Tax' Intellectual Property Law | Billboard After more than a year in the works, Spain passed on Thursday its Intellectual Property Law, with its hotly debated, so-called Google tax that allows for fines on aggregators that show snippets of content without paying for it.
  • United Cannabis Files New Patent Applications

    30 Oct 2014 | 8:32 am
    United Cannabis Corp announced earlier this week that it has filed provisional patent applications with the USPTO for unique combinations of pharmaceutically active cannabinoids to treat nervous systems disorders and cancer. Data derived from pre-clinical trials identified unique ratios of cannabinoids that can be used to treat the underlying causes of disorders such as PTSD and breast cancer. United Cannabis Corp. Files for Patents on Unique Combinations of ...
  • Reddit (the ultimate crowdsourcing content curator) now does crowdfunding

    29 Oct 2014 | 9:54 am
    Redditmade is Reddit's new crowdfunding site | The Verge The self-proclaimed "front page of the internet" is expanding into crowdfunding and community-driven creation with Redditmade. According to its announcement post, the new site was created in part...
  • Patent Lawsuits as Business Model Erodes as Rules Tighten

    29 Oct 2014 | 9:34 am
    Patent Lawsuits as Business Model Erodes as Rules Tighten - Bloomberg Companies that build their business models around aggressive patent litigation are discovering that approach is less lucrative after a U.S. Supreme Court ruling and stricter government policies.
  • Nokia and Ericsson Take a Toll on Korean IT Companies

    29 Oct 2014 | 8:55 am
    Patent trolls take a toll on Korean IT companies-INSIDE Korea JoongAng Daily   Two former mobile phone giants, Nokia and Ericsson, have become among the world’s biggest “patent trolls,” using their past licenses in telecommunication and mobile phone source technologies to make a profit. They profit by making contracts with phone manufacturers for their patents and suing phone giants like Samsung Electronics and Apple, saying they are infringing their...
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    Arizona IP Attorney » Blog

  • Disney Opposes Deadmau5 in Trademark Battle

    JacksonWhite Law
    23 Oct 2014 | 1:27 am
    Mickey Mouse has been an icon since 1928, but a possible trademark has The Walt Disney Co. concerned for their mouse friend. The Walk Disney Co. is asking the U.S. Patent and Trademark Office to refuse a trademark filed by Deadmau5. Deadmau5 (dead mouse) is an electronic music star who wears a LED powered mouse helmet during shows. The man behind the ears is Canadian disc jockey, Joel Zimmerman. Joel has received Grammy nominations and even preformed at the Grammy Awards. Lawyer Up, Mickey In 2013, Zimmerman filed an application in hopes of trademarking his wide-smiling mouse symbol. Disney…
  • Celebs Seek Copyright Justice for Leaked Nude Photos

    JacksonWhite Law
    21 Oct 2014 | 3:20 am
    It’s no surprise that celebrities have their private business made public more than the rest of the population. For some, this private business includes nude photos. Stars like Jennifer Lawrence and Kate Upton were two of many starlettes whose intimate images were accessed by a computer hacker and released to countless viewers across the web. These two are some of the victims pursuing the removal of these photos through copyright claims. A Flagrant Violation of Privacy Images have been removed from various sites due to threats of copyright infringement. As for the individuals who stole and…
  • 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…
 
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