Patents

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  • New Guidance on Section 101 Subject Matter Eligibility Issued.

    Anticipate This!™ | Patent and Trademark Law Blog
    Jake Ward
    16 Dec 2014 | 10:16 am
    From the USPTO Director’s Forum Blog on Monday, December 15, 2014: Following the valuable feedback that we received from the public through written comments and multiple public meetings over the last several months, we are issuing new examination guidance on subject matter eligibility under § 101 in view of the U.S. Supreme Court’s recent decisions in Alice Corp., Myriad, and Mayo. You can find the guidance in a Federal Register notice officially published on December 16, 2014, entitled “2014 Interim Guidance on Patent Subject Matter Eligibility.” Claim examples have been…
  • A call for financial transparency from the European Patent Office

    The IPKat
    26 May 2015 | 2:19 am
    Having been returned to blogging duty, Merpel has turned her attention to the finances of the European Patent Office.  She wrote about this last year, examining the 2013 financial report of the EPO, and concluded that it was not possible to establish with any confidence, or in any degree of detail, what the true financial position actually is.It still doesn't add up ...In the meantime, Merpel has been considering the revised proposal for renewal fees for the Unitary Patent from the European Patent Office, reported by the IPKat here.  These proposals are striking, in that they…
  • Google Announcing the Patent Purchase Promotion – May 8-22

    Anticipate This!™ | Patent and Trademark Law Blog
    Jake Ward
    29 Apr 2015 | 12:08 pm
    From the Google Public Policy Blog, with some traction in the news this week- Announcing the Patent Purchase Promotion We invite you to sell us your patents. The Patent Purchase Promotion is an experimental marketplace for patents that’s simple, easy to use, and fast. Patent owners sell patents for numerous reasons (such as the need to raise money or changes in a company’s business direction). Unfortunately, the usual patent marketplace can sometimes be challenging, especially for smaller participants who sometimes end up working with patent trolls. Then bad things happen, like lawsuits,…
  • Patent Scope at the EPO is Totally Out of Control, UPC Will Make Things Worse

    Techrights
    Dr. Roy Schestowitz
    26 May 2015 | 3:53 am
    “Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money. “One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.” –Richard Stallman Summary: A look at the practical issues with the EPO, where patent scope and litigation scope have been vastly extended so as to benefit multinational corporations and possibly patent trolls TECHRIGHTS has spent almost a decade criticising the EPO for practices that in no way…
  • United States Patent and Trademark Office - Official Site

    Bing: patent news
    24 May 2015 | 2:14 am
    Home page of the United States Patent and Trademark Office's main web site.
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    patent news - Google News

  • 'Patent troll' accusations unfair, based on incorrect assumptions - The Hill

    26 May 2015 | 4:03 pm
    'Patent troll' accusations unfair, based on incorrect assumptionsThe HillAs a company that continues to invest billions of dollars in R&D across our businesses, any assertion that Nokia is shifting away from manufacturing to “patent stockpiling” is wrong. Through pioneering research built on more than $87 billion in R&D and more »
  • OXiGENE (OXGN) Announces Patent Related to Use of OXi4503 in Acute ... - StreetInsider.com

    26 May 2015 | 1:50 pm
    OXiGENE (OXGN) Announces Patent Related to Use of OXi4503 in Acute StreetInsider.comOXiGENE, Inc. (Nasdaq: OXGN), a biopharmaceutical company developing novel therapies for the treatment of cancer, today announced that the U.S. Patent and Trademark Office has granted it a patent (U.S. Patent No. 9,040,500) related to the use of ...and more »
  • Ecolab (ECL), Diversey Resolve Patent Suit, Enter Licensing Agreement - StreetInsider.com

    26 May 2015 | 1:43 pm
    Ecolab (ECL), Diversey Resolve Patent Suit, Enter Licensing AgreementStreetInsider.comEcolab (NYSE: ECL) and Kleancheck Systems LLC, announced that they have resolved a patent infringement lawsuit brought against Diversey, Inc., through a license to Diversey to certain U.S. patents covering the cleaning monitoring techniques invented by ...Ecolab and Diversey Resolve Patent Infringement Lawsuit Through LicenseBusiness Wire (press release)all 3 news articles »
  • Supreme Court says "patent troll" for first time in Cisco ruling - Fortune

    26 May 2015 | 1:41 pm
    FortuneSupreme Court says "patent troll" for first time in Cisco rulingFortuneGood news: It's now safe to say “patent troll” in polite company. For years, the trolls – which are shell companies that acquire old patents in order to shake down real businesses – have claimed the term has no place in legal discourse, and pushed for “Patent troll” with a big verdict against Cisco notches a Supreme Court winArs Technica (blog)Supreme Court Rules Against Cisco in Patent Infringement FightRe/codeUS top court rules against Cisco Systems in patent infringement…
  • Samsung patent reveals a way to turn Android phones into Windows laptops - Mashable

    26 May 2015 | 1:26 pm
    MashableSamsung patent reveals a way to turn Android phones into Windows laptopsMashableThe tech company wants to trademark a docking apparatus that allows an Android-based smartphone or tablet to switch over to Windows when popped into the holder. The station, which was filed with the U.S. Patent and Trademark Office and first spotted by ...Samsung Patent: Android Phone Becomes A Windows LaptopValueWalkSamsung patent reveals a smartphone-powered laptopGeekSamsung Patents Laptop Dock for Dual-OS Phone With Android and WindowsNDTVAndroid Authority (blog) -Ubergizmo…
 
 
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    Techrights

  • Patent Scope at the EPO is Totally Out of Control, UPC Will Make Things Worse

    Dr. Roy Schestowitz
    26 May 2015 | 3:53 am
    “Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money. “One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.” –Richard Stallman Summary: A look at the practical issues with the EPO, where patent scope and litigation scope have been vastly extended so as to benefit multinational corporations and possibly patent trolls TECHRIGHTS has spent almost a decade criticising the EPO for practices that in no way…
  • Links 26/5/2015: Reviews of Kubuntu 15.04, Linux 4.1 RC5

    Dr. Roy Schestowitz
    26 May 2015 | 3:22 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Linux and Windows Are Heading Towards a War That Microsoft Will Lose The “battle” between Windows and Linux is more of a fictional one, and it has been raging on for the past couple of decades. It wasn’t really a battle, despite what each side was saying, but that will undoubtedly change when Linux clearly becomes a force to be reckoned with. A Linux proud history – 15 years ago and the Brazilian ATM The history i want to share with you is how that “marble Tux” happens. Yes,…
  • Süddeutsche Zeitung Says Talking Helps While EPO Management Back-stabs Other Side of the Table

    Dr. Roy Schestowitz
    25 May 2015 | 5:53 pm
    Summary: German media gives the impression that there is peace and harmony now that Benoît Battistelli and his circle of power speaks to staff, but nothing is said about simultaneous (albeit covert) attacks against that staff NOW THAT the EPO hires private spies (waste of money) to intimidate its own staff it wants us to believe that it approaches reconciliation. That’s an insulting illusion. As Merpel put it the other day, “SUEPO, the Staff Union of the EPO, has announced (see news item of 21 May) that it understands that Control Risks (who describe themselves as “an…
  • Large Corporations Call the Shots in US Patent Reform

    Dr. Roy Schestowitz
    25 May 2015 | 7:29 am
    Monarchs funded by industry Summary: A reminder of where we stand on the issue of patent ‘reform’ in the US and who is controlling or shaping it REMEMBER when Nokia was giving patents to Android-hostile trolls like MOSAID (with Microsoft’s confirmed involvement in the transaction)? Well, Florian Müller (funded by Microsoft) entirely omits Microsoft’s role. Some trolls are serving the agenda of much larger companies (they act as proxies), so clearly enough (to a prudent observer), it’s not only trolls who are the problem. It’s an institutional problem.
  • Microsoft Puts Proprietary Windows and Hyper-V Inside the Free Software-Centric OpenStack

    Dr. Roy Schestowitz
    25 May 2015 | 6:38 am
    Summary: OpenStack, which celebrates rapid growth in this month’s event in Canada, is facing a proprietarisation threat from Microsoft FOR A NUMBER of years now Microsoft has been trying to subvert OpenStack, making it proprietary and Windows-leaning. It never quite succeeded, but with help from Canonical and Cloudbase Microsoft is getting closer. To quote this report, “Canonical has just announced a new partnership with Cloudbase Solutions, a company that develops Windows components in OpenStack, which will allow customers to run KVM and Hyper-V environments side by side in the…
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    Anticipate This!™ | Patent and Trademark Law Blog

  • Google Announcing the Patent Purchase Promotion – May 8-22

    Jake Ward
    29 Apr 2015 | 12:08 pm
    From the Google Public Policy Blog, with some traction in the news this week- Announcing the Patent Purchase Promotion We invite you to sell us your patents. The Patent Purchase Promotion is an experimental marketplace for patents that’s simple, easy to use, and fast. Patent owners sell patents for numerous reasons (such as the need to raise money or changes in a company’s business direction). Unfortunately, the usual patent marketplace can sometimes be challenging, especially for smaller participants who sometimes end up working with patent trolls. Then bad things happen, like lawsuits,…
  • They Invented What? (No. 1)

    Jake Ward
    2 Jan 2015 | 12:04 pm
    Originally posted on Anticipate This!™ | Patent and Trademark Law Blog: U.S. Pat. No. 3,963,275:  Method of breaking free-standing rock boulders What is claimed is: 1.)  The method of fragmenting a free-standing boulder comprising determining the average diameter of said boulder to determine the time required for sound to traverse said average diameter, determining the compressive strength of said boulder, selecting a projectile having a mass which will establish an impact stress within said boulder greater than the compressive strength of the boulder, when impacted upon said boulder with…
  • Inventing to Nowhere Documentary.

    Jake Ward
    19 Dec 2014 | 7:46 am
    JW Note:  Very interesting documentary video on Youtube relating to the importance of a strong patent system.  Hat tip to the PatentlyO blog.Filed under: General Commentary
  • New Guidance on Section 101 Subject Matter Eligibility Issued.

    Jake Ward
    16 Dec 2014 | 10:16 am
    From the USPTO Director’s Forum Blog on Monday, December 15, 2014: Following the valuable feedback that we received from the public through written comments and multiple public meetings over the last several months, we are issuing new examination guidance on subject matter eligibility under § 101 in view of the U.S. Supreme Court’s recent decisions in Alice Corp., Myriad, and Mayo. You can find the guidance in a Federal Register notice officially published on December 16, 2014, entitled “2014 Interim Guidance on Patent Subject Matter Eligibility.” Claim examples have been…
  • They Invented What? (No. 242)

    Jake Ward
    11 Dec 2014 | 8:42 am
    U.S. Patent Appl. Pub. No. 20080299533: Naughty or nice meter. JW Note: Wishing a Happy Holidays to all!  See you in 2015! For more holiday TIW? from years past, click here. BRIEF SUMMARY OF THE INVENTION: Undoubtedly, the abstract and background show the uniqueness of the product of this invention. The “Naughty or Nice Meter”, although initiated from the Christmas Holiday season, is a product that allows a visual representation of being “Naughty or Nice”. The product honors and exemplifies the time-honored traditional saying as to whether you have been…
 
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    The IPKat

  • A call for financial transparency from the European Patent Office

    26 May 2015 | 2:19 am
    Having been returned to blogging duty, Merpel has turned her attention to the finances of the European Patent Office.  She wrote about this last year, examining the 2013 financial report of the EPO, and concluded that it was not possible to establish with any confidence, or in any degree of detail, what the true financial position actually is.It still doesn't add up ...In the meantime, Merpel has been considering the revised proposal for renewal fees for the Unitary Patent from the European Patent Office, reported by the IPKat here.  These proposals are striking, in that they…
  • 3D printing and the law: three recent studies and some recommendations

    26 May 2015 | 12:04 am
    3D Cherries ...If you think that Bournemouth is just a rather old-fashioned traditional British seaside town, it's time to think again.  Not only has the local football team ("the Cherries") secured promotion to English football's Premier League next season, which means that it will have the thrill of playing the likes of Manchester United, Arsenal, Tottenham Hotspur and Chelsea at least twice before being relegated, but its local university has also hosted some useful thinking on the subject of 3D printing -- a topic that will be on everyone's minds long after the…
  • Monday miscellany

    25 May 2015 | 2:31 pm
    Forthcoming events.  Do please remember to check out the IPKat's Forthcoming Events list for lectures, seminars, conferences and other opportunities to get out and about, meet people and use IP as a perfect ice-breaker for those otherwise stressful conversations with strangers.  The page is here, at your disposal. Enjoy!On the subject of forthcoming events, the IPKat never misses a chance to rub noses with other Kats of note, so his tail started twitching when he heard that the IP Ball 2015 has been announced: its theme is a celebration of the 150th anniversary of Alice in…
  • Never too late: if you missed the IPKat last week ...

    25 May 2015 | 4:15 am
    Here, thanks to the unstinting efforts of our noble friend Alberto Bellan, the Kats are proud to present to you the 47th weekly round-up of the previous week's substantive Katposts. For those readers who have been experiencing a late May or Early Summer public holiday, this service is, we hope, both useful and logical, and should help you fill the knowledge gap with a minimum of inconvenience and discomfort.  Anyway, here's what Alberto has to say about those posts you might have missed:* Paris Convention invoked in battle for La RepubliqueDavid reports that Nicolas Sarkozy's party…
  • The purpose of appeal in the patent system: dissenting opinions, oversight and law-making

    25 May 2015 | 1:28 am
    This article is mostly about appeal procedures at the European Patent Office (EPO). For those readers who are not familiar with how the EPO organises itself, here is a simplified structure:First Instance: Examining Divisions and Opposition Divisions.Second Instance: Boards of Appeal which deal with appeals from the First Instance.Something terrible needs to have happenedfor a Petition for Review to succeedThe Enlarged Board of the EPO decides on referrals from the Boards of Appeal on important points of law. The Enlarged Board also deals with Petitions for Review as discussed…
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    Patent Baristas

  • How Quality Translations Speed IP Protection While Reducing Both Risk and Costs

    Stephen Jenei
    8 May 2015 | 8:56 am
    Protecting your intellectual property, whether domestically or internationally, is traditionally a complex and costly process. On an international scale, that cost is largely due to translations, with the largest patent filers often budgeting millions of dollars each year to ensure accurate translations are localized for each country in which they plan to file. Why so much cost? The mistranslation of even a single word can lead to office actions, delayed time to grant, an increased risk of litigation or even the reduction of patent scope and market opportunity for the life of the patent.
  • Google’s Patent Purchase Promotion. Is It Worth It?

    Stephen Jenei
    4 May 2015 | 12:48 pm
    Google announced an experiment it says will “remove friction from the patent market and improve the landscape.” The experiment, called the Patent Purchase Promotion, will run from May 8 through May 22, 2015. In it, the Program offers a way for patent holders to tell Google about patents they are willing to sell. From the Program: Question: Why is Google doing this? Answer: We view this as an experiment. We are looking for ways to help improve the patent landscape, and we hope that by removing some of the friction that exists in the secondary market for patents, this program might…
  • Friday Round-Up: Azerbaijan Gets a Patent for National Breakfast

    Stephen Jenei
    1 May 2015 | 1:07 pm
    According to Abulfas Garayev, Minister of Culture and Tourism, the Ministry has received a patent for the Azerbaijan breakfast brand. According to the Minister: “The new brand will be introduced in several hotels for the first time during the European Games to be held in Baku this June. Later it will be introduced in all the hotels of the country in compulsory order. Azerbaijan breakfast is a brand, which will not only promote the national cuisine but also will contribute to improvement of service quality in hotels.” According to the Minister, the patent was issued only for breakfast…
  • Video Response to John Oliver’s Rant Against Patent Trolls

    Stephen Jenei
    28 Apr 2015 | 1:35 pm
    Last week, John Oliver on his HBO show Last Week Tonight. During Sunday’s episode, Oliver went after so-called “patent trolls,” companies whose sole mission is to purchase patents covering broad ideas who then sue others for patent infringement. In one part of the segment, Oliver goes on that: “Most of these companies don’t produce anything — they just shake down anyone who does, so calling them trolls is a little misleading — at least trolls actually do something, they control bridge access for goats and ask fun riddles. Patent trolls just threaten to…
  • Book Review Monday: First to File: Patents for Today’s Scientist and Engineer

    Stephen Jenei
    27 Apr 2015 | 11:53 am
    I received a copy of First to File: Patents for Today’s Scientist and Engineer (Wiley 2014), by M. Henry Heines a while ago and have just had time to sit down and read through it.  Overall, I really liked the book and its coverage of topics. As the title suggests, this book covers patent law from the perspective of post-enactment of the Leahy-Smith America Invents Act of 2011.  First up, the book covers the transition by the U.S. to a first-to-file system and delves into just who is first. In a Who’s on First? analogy, Heines takes us through the difference between competing…
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    Patent Docs

  • Allvoice Developments US, LLC v. Microsoft Corp. (Fed. Cir. 2015)

    Patent Docs
    25 May 2015 | 9:46 pm
    By Michael Borella -- In August, 2009, Allvoice sued Microsoft in the Western District of Washington, alleging infringement of its U.S. Patent No. 5,799,273. In December, 2013, the District Court granted Microsoft's motion for summary judgment finding that Microsoft did not infringe the asserted claims, and that claims 60-68 of the patent were invalid under 35 U.S.C. § 101. Allvoice appealed. The Federal Circuit panel of judges Prost, Dyk, and O'Malley heard arguments, and affirmed the District Court. Of particular interest is the reasoning behind the finding of invalidity in light of the…
  • Conference & CLE Calendar

    Patent Docs
    25 May 2015 | 9:45 pm
    May 26, 2015 - "Prosecuting Patents for Sales and Licensing" (American Bar Association (ABA) Center for Professional Development, Section of Intellectual Property Law, and Young Lawyers Division) - 1:00 to 2:30 pm (ET) May 27, 2015 - "Patent Term Adjustment: 2015 Final Rules" (The Knowledge Group) - 3:00 to 5:00 pm (ET) May 28, 2015 - "Patent Exhaustion and Its Impact on Patent Licensing" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 am to 11:15 am (CT) May 28, 2015 - "Hedge Fund IPR Challenges to Pharma Patents: Strategies to Strengthen Patents to Withstand Attack" (Strafford) -…
  • Patent Litigation Report Raises Questions

    Patent Docs
    24 May 2015 | 9:54 pm
    By Grantland Drutchas -- A recent publication by PricewaterhouseCoopers announced that patent suit filings in 2014 had reduced by 13% from the prior year, and concluded that this "dramatic shift" was "[d]riven by Alice Corp. v. CLS Bank, which raised the bar for patentability and enforcement of software patents" (see "2015 Patent Litigation Study: A change in patentee fortunes"). This rather strong attribution has in turn driven a number of news outlets, such as IPLaw 360 and bloggers to pick up the story (see "Patent Lawsuits Took First Dive In Years, Report Says" and "Patent Litigation…
  • IPO Webinar on Estoppel at the PTAB

    Patent Docs
    23 May 2015 | 9:59 pm
    The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Estoppel at the PTAB, with Judge Michael Tierney: Recent Decisions involving 325 (d) and 315 (e)1" on May 28, 2015 from 2:00 to 3:00 pm (ET). Herbert Hart, McAndrews of Held & Malloy, Ltd.; Stephen Kunin of Oblon; and Hon. Michael Tierney, Patent Trial and Appeal Board, U.S. Patent & Trademark Office will discuss how the Board's view of estoppel may change PTAB practice by, for instance, encouraging petitioners to include alternative claim interpretations in one petition, and by spurring new…
  • Webinar on Patent Prosecution Strategies

    Patent Docs
    23 May 2015 | 9:55 pm
    The American Bar Association (ABA) Center for Professional Development, Section of Intellectual Property Law, and Young Lawyers Division will be offering a live webinar entitled "Practical Patent Prosecution Strategies and Considerations" on June 23, 2015 from 1:00 to 2:30 pm (ET). Ida Wahlquist-Ortiz (moderator); Jameson Ma of Bookoff McAndrews, PLLC; Richard Goldstein of Goldstein Patent Law; Michael Van Handel of Wilmer Hale; and Carlos Garcia, Counsel - Innovation, Proctor and Gamble, Cincinnati will take attendees through patent application prosecution from the first Office Action…
 
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    Patently-O » Patent

  • Commil v. Cisco: Belief-of-Invalidity not a Defense to Inducement

    Dennis Crouch
    26 May 2015 | 8:20 am
    by Dennis Crouch In Commil v. Cisco (Supreme Court 2015), the Supreme Court has held: A defendant’s “belief” that a patent is invalid does not serve as a defense to charges of inducing infringement of the patent.  “The scienter element for induced infringement concerns infringement; that is a different issue than validity.”  Of course, if the patent is proven invalid then no liability attaches.  Thus, the defense here had asked for a holding that a good-faith-but-incorrect-belief of invalidity serve as a defense. In what appears to me again as dicta (though…
  • USPTO Grants and Applications Both Down (Slightly) for FY2015

    Dennis Crouch
    26 May 2015 | 1:29 am
    I am predicting that US patent grants will fall in Fiscal Year 2015.  The chart above shows that the expected numbers through September 2015 will likely be slightly below the all-time high of 300,000+ utility patents issued in FY2014.  The expected return of 298,000 is only 2% below 2014 numbers but remains almost double the output throughout the first decade of this millennium. For each of the past five years, the USPTO has set a new record for number of patents granted. At the most recent PPAC meeting, the USPTO also predicted a fall in utility patent application filings of about…
  • Status of AIA Applications

    Dennis Crouch
    25 May 2015 | 5:43 am
    Some applicants have asked about the current status of their AIA applications.  The chart above shows the current status of a sample of about 8,000 published patent applications claiming post-AIA status.*  Because of the backlog of PTAB appeals, it will likely be 2017 before we start seeing substantive decisions on the merits of AIA appeals. About 7% of recently issued patents claim post-AIA status. * A patent application falls under the America Invents Act (AIA), if it ever included a claim whose earliest effective filing date (counting priority claims) is on or after March 16 2013.
  • Federal Circuit: Software is not Patent Eligible unless Claimed as a Process or Physical Object

    Dennis Crouch
    22 May 2015 | 9:42 am
    In an interesting – though non-precedential – opinion, the Federal Circuit has ruled that a “speech-recognition interface” software lacks subject matter eligibility “because [the claims] are not directed to one of the four statutory categories of inventions identified in 35 U.S.C. § 101. The court writes: “[s]oftware may be patent eligible, but when a claim is not directed towards a process, the subject matter must exist in tangible form. Here, the disputed claims merely claim software instructions without any hardware limitations.” AllVoice…
  • AIA Applications Working Through the System

    Dennis Crouch
    21 May 2015 | 10:21 am
    The AIA makes important changes to the law of prior-art that will impact which inventions are patentable, although it remains unclear whether the new law makes it more difficult to obtain patent protection because it increases the scope of prior art in some areas but decreases the scope in other areas. What is an AIA-Application.  An AIA application is a patent application that – at some point – included at least one claim whose effective filing date is on or after March 16, 2013.   For most applications, the answer to this is easy: if the US application is filed before the 2013…
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    Patent Prospector

  • No Way For Means

    23 May 2015 | 8:09 pm
    The incompetence of the patent office was demonstrated with 5,663,757, which EON asserted against 17 defendants. '757 survived two reexaminations. Then the district court found the patent indefinite for eight different means claim elements relying upon a disclosure that had no means for meeting the means. The CAFC affirmed (2014-1392).
  • Personal

    23 May 2015 | 8:01 pm
    Fenner Investments sued Verizon Wireless for infringing 5,561,706, which claimed locating and tracking "personal identification numbers." Claim construction of "personal identification numbers" as being personal led to stipulation of non-infringement. Fenner insisted "personal identification numbers" meant device-specific, not personal, despite the specification stating "personal identification numbers are not associated with any particular communications unit or physical location but are associated with individual users," and arguing the same to overcome prior art during prosecution. A CAFC…
  • Elevator Music

    27 Apr 2015 | 9:46 pm
    Info-Hold sued Muzak and Applied Media Technologies for infringing 5,991,374, which claims playing the music ubiquitously found in commercial establishments. Ohio district court judge Timothy S. Black demonstrated bias towards Muzak in his claim construction. Such corruption is common in district courts throughout the country, and is often let pass on appeal, if the CAFC shares the same plutocratic bias. In this case, the CAFC (2013-1528) reversed and remanded.
  • Not Final

    27 Apr 2015 | 5:29 pm
    Automated Merchandising Sytems (AMS) sued Crane for infringing four patents. Crane responded by filing inter partes reexaminations on the patents. The parties settled. AMS tried to stop the reexams, but the PTO refused. And the courts refused to contravene the PTO refusal. Automated Merchandising Systems v. USPTO (CAFC 2014-1728) precedential; Judges Prost, Taranto (author), Fogel The PTO told the district court "that its refusal to terminate the proceedings was 'a final agency action.'" On appeal, it told the CAFC the exact opposite. Such two-faced posturing did not matter. The courts are…
  • Disparate Legal Precedents

    8 Apr 2015 | 4:33 am
    In Vasudevan v Tibco et al (CAFC 2014-1094), the district court managed a clean claim construction that went to accessing "disparate databases." It then ruled in summary judgment that the specification did not meet the written description requirement and was not enabled (both deficiencies in meeting §112(a)). It did so with solid reasoning. A specification must "contain a written description of the invention." 35 U.S.C. § 112 ¶1 (2006). The test for the sufficiency of the written description "is whether the disclosure of the application relied upon reasonably conveys to those…
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    Dear Rich: An Intellectual Property Blog

  • Amazon Seller Counter-Notice

    The Dear Rich Staff
    26 May 2015 | 6:00 am
    Dear Rich: I am an Amazon seller and received a notice that I was infringing another seller’s rights and that my seller page had been taken down. I’m pretty sure this was a bogus strategy done by one of my competitors. I have rights to sell and post what I’m selling. My attempts at contacting Amazon have been useless because they just send the same email back. We're not sure whether the notice you received constitutes a DMCA takedown notice but to hedge your bets, we would suggest sending a DMCA counter notice to the seller performance team (even if you don't think it will do…
  • Band Wants to Add New Members

    The Dear Rich Staff
    20 May 2015 | 6:00 am
    Dear Rich: I'm in a band that has an incomplete lineup at the moment. Right now it is just 3 of us (2 guitar players, 1 drummer). We have a good handful of songs fully written and arranged. In the meantime, we are still looking for more people to join. How would it work if we go about copyrighting our music now just to get out there as a trio? I know when you file a copyright, you can always add to it later but is there a way to make the three of us principal songwriters and have the rest of the band (once it's completed) still get credit for the music later on?Copyright is automatic so once…
  • What Do I Write to Prevent Infringement?

    The Dear Rich Staff
    18 May 2015 | 6:00 am
    Dear Rich: I read your post on How Do I Word a Copyright Disclaimer for YouTube? How about if I am the copyright owner? What should I write to prevent somebody from infringing on my content? If you want to post a warning, something similar to the following would be standard:"© 2015 [Name of Copyright Owner] This work is protected by copyright and you may not copy, distribute, or modify it. Failure to comply exposes you to legal action for copyright infringement."If you want to give your warning a more dramatic vibe, you're also free to download and post the FBI's badge-like…
  • Who Do I Have to Sue to Get a Cup of Coffee?

    The Dear Rich Staff
    13 May 2015 | 6:00 am
    Dear Rich: The Keurig company sells coffee brewers equipped with DRM technology. The next model will discontinue the DRM as Keurig cited poor sales and consumer complaints. Another coffee company has been selling a little plastic device that allows consumers to circumvent Keurig. Are these devices grounds for a lawsuit?Digital rights management systems (DRMs) may be used to limit access to Java®, but we don't think they'll work for java. For legal and customer relations reasons, we don't think Keurig will pursue those who circumvent their technology.Keurig's…
  • Corporate Use of Lego Star Wars

    The Dear Rich Staff
    11 May 2015 | 6:00 am
    Dear Rich: I make many presentations for internal company use on topics in the range of safety, health and quality. I wanted to start taking photos of Lego Star Wars figures in different poses and staging for some of my slides. Would this be a Lucas Films or Disney infringement on the Star Wars characters? I would not be selling the presentations and they would remain in house. I would, however, be printing slides in the form of a handbook for use within the company and would therefore have the Star Wars lego characters displayed. I will also be presenting at a national trade show in the…
 
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    Latest Patents

  • Amazon patents granted on 26 May 2015

    Administrator
    26 May 2015 | 4:30 pm
    17 US patents granted on 26 May 2015 and assigned to Amazon 1 9,043,880 Directory service user exportation system 2 9,043,658 Automatic testing and remediation based on confidence indicators 3 9,043,502 Portable computing device as control mechanism 4 9,043,463 Providing extendible network capabilities for managed computer networks 5 9,043,421 Monitoring and sharing data among server groups 6 9,043,414 Geo-dynamic email lists 7 9,043,327 Performing flexible pivot querying of monitoring data using a multi-tenant monitoring system 8 9,043,311 Indexing data updates associated with an electronic…
  • Apple patents granted on 26 May 2015

    Administrator
    26 May 2015 | 4:29 pm
    44 US patents granted on 26 May 2015 and assigned to Apple 1 D730,364 Display screen or portion thereof with a graphical user interface 2 D730,362 Cover 3 D730,361 Housing for an electronic device 4 D730,340 Case for electronic device 5 D730,323 Audio speaker system 6 D730,322 Audio speaker system 7 D730,308 Electronic device 8 9,043,887 Adaptive secondary authentication criteria based on account data 9 9,043,729 Multimedia control center 10 9,043,666 Method for efficient control signaling of two codeword to one codeword transmission 11 9,043,632 Security enclave processor power control 12…
  • Canon patents granted on 26 May 2015

    Administrator
    26 May 2015 | 4:29 pm
    95 US patents granted on 26 May 2015 and assigned to Canon 1 9,043,730 Data processing apparatus, data processing method of data processing apparatus, and computer-readable memory medium storing program therein 2 9,043,713 Information processing apparatus for displaying screen information acquired from an outside device in a designated color 3 9,043,708 Information processing apparatus, information processing system, information processing apparatus control method, and storage medium 4 9,043,591 Image forming apparatus, information processing method, and storage medium 5 9,043,524 Information…
  • eBay patents granted on 26 May 2015

    Administrator
    26 May 2015 | 4:28 pm
    4 US patents granted on 26 May 2015 and assigned to eBay 1 9,043,726 Position editing tool of collage multi-media 2 9,043,422 Instant messaging robot to provide product information 3 9,043,401 Systems and methods to process a request received at an application program interface 4 9,043,227 Viewing shopping information on a network based social platform
  • Fujitsu patents granted on 26 May 2015

    Administrator
    26 May 2015 | 4:28 pm
    27 US patents granted on 26 May 2015 and assigned to Fujitsu 1 D730,384 Display with a graphical user interface 2 9,043,941 Biometric authentication device, biometric authentication system, biometric authentication method, and recording medium 3 9,043,921 Determining software metrics 4 9,043,736 Circuit design support method, computer product, and circuit design support apparatus 5 9,043,663 Apparatus and method for testing a memory 6 9,043,655 Apparatus and control method 7 9,043,581 Storing in other queue when reservation station instruction queue reserved for immediate source operand…
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    FreshPatents.com: Image analysis - USPTO Class 382 Patent Applications Update

  • Method of embedding of an image with a color transform

    25 May 2015 | 10:29 am
    The method comprises the generation of a deteriorated image associated with a first bit rate and of a deteriorated color transform associated with a second bit rate, an evaluation of a first distortion by comparison of the image with a first test image obtained by the application of the color...
  • Identification and purchasing platform

    25 May 2015 | 10:29 am
    A graphically based encoded image, symbol or icon that can serve as a link from physical material or visual displays to electronic data to retrieve specific or general information. In one example, a graphic image is encoded with a value that is linked to a reference lookup table. For example,...
  • Image processing apparatus and image processing method

    25 May 2015 | 10:29 am
    An image processing apparatus includes: an interface unit configured to input an image signal from an imaging apparatus that exposes a specimen dyed with a fluorescent dye to excitation light and images fluorescence by a color imaging element; and a color correction circuit configured to retain information on a percentage...
  • Automatic occlusion region identification using radiation imaging modality

    25 May 2015 | 10:29 am
    Among other things, one or more systems and/or techniques for identifying an occlusion region in an image representative of an object subjected to examination is provided for herein. Such systems and/or techniques may find particular application in the context of object recognition analysis. An image is generated of the object...
  • System and method for shape clustering using hierarchical character classifiers

    25 May 2015 | 10:29 am
    A system and method of processing an image of a document using an optical character recognition process is disclosed. In one example, the method comprises acts of extracting, by a computer system, a plurality of recognizable units from the document, extracting, by the computer system, a plurality of features from...
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    Intellectual Property RSS Feed | JD Supra Law News

  • Patent Litigation Report Raises Questions

    McDonnell Boehnen Hulbert & Berghoff LLP
    26 May 2015 | 3:28 pm
    A recent publication by PricewaterhouseCoopers announced that patent suit filings in 2014 had reduced by 13% from the prior year, and concluded that this "dramatic shift" was "[d]riven by Alice Corp. v. CLS Bank, which raised the bar for...By: McDonnell Boehnen Hulbert & Berghoff LLP
  • Allvoice Developments US, LLC v. Microsoft Corp. (Fed. Cir. 2015)

    McDonnell Boehnen Hulbert & Berghoff LLP
    26 May 2015 | 3:17 pm
    In August, 2009, Allvoice sued Microsoft in the Western District of Washington, alleging infringement of its U.S. Patent No. 5,799,273. In December, 2013, the District Court granted Microsoft's motion for summary judgment finding that Microsoft did...By: McDonnell Boehnen Hulbert & Berghoff LLP
  • Supreme Court Rejects Good Faith Belief in Invalidity as a Defense to Inducement

    McDonnell Boehnen Hulbert & Berghoff LLP
    26 May 2015 | 3:11 pm
    The Supreme Court issued its decision today in Commil USA, LLC v. Cisco Systems, Inc. In a nutshell, the Supreme Court held that a good faith belief in invalidity (or presumably unenforceability) is no longer a defense against inducement (and...By: McDonnell Boehnen Hulbert & Berghoff LLP
  • CardioNet Sues InfoBionic

    Knobbe Martens Olson & Bear LLP
    26 May 2015 | 12:14 pm
    On May 8, 2015 CardioNet, LLC and Braemar Manufacturing, LLC sued InfoBionic in the United States District Court, District of Massachusetts. The lawsuit alleges that InfoBionic’s MoMe® Kardia System infringes four of Braemar’s patents that are...By: Knobbe Martens Olson & Bear LLP
  • Top Ten Questions About Rapala Minnocchio

    Winthrop & Weinstine, P.A.
    26 May 2015 | 11:24 am
    In typical DuetsBlog tradition, here is Rapala’s 2015 billboard for the fishing opener, albeit a few weeks late. I’ll have to admit, I like the telescoped Minnocchio word, and the consistent graphic display from past years, but my head is feeling...By: Winthrop & Weinstine, P.A.
 
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    patentability

  • 2015 Inventors Hall of Fame Inductees Honored at the Smithsonian

    Brian Fletcher
    14 May 2015 | 8:29 am
    2015 Inventors Hall of Fame Inductees From the Commerce Department: The United States Patent and Trademark Office (USPTO) inducted fourteen of America’s greatest innovators into the National Inventors Hall of Fame on Tuesday night, May 12, 2015. Held at the Smithsonian’s American Art Museum and National Portrait Gallery in Washington, D.C. – a former home of the Patent Office – CBS News correspondent and television personality Mo Rocca moderated the event, while Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee presented…
  • Acting Director Rea Announces Departure From the USPTO

    Brian Fletcher
    12 Sep 2013 | 9:52 am
    In a message to all USPTO employees sent on September 12, 2013, Deputy Director and Acting Director of the USPTO Teresa Stanek Rea announced her departure from the USPTO “in the near future.” The message implies that a new Director will be named soon.  With Rea’s departure, and with a new Chief of Staff just announced, the USPTO is undergoing an unusual amount of turnover in the top level of leadership.  Best wishes to Ms. Rea in her future endeavors. The text of Rea’s message follows: Subject: A message from Deputy Director Teresa Stanek Rea Dear Colleagues, It has…
  • USPTO to Host 18th Annual Independent Inventors Conference

    Brian Fletcher
    11 Sep 2013 | 8:21 am
    The United States Patent and Trademark Office (USPTO) announced that it will host its 18th Annual Independent Inventors Conference on October 11-12, 2013, at the USPTO headquarters in Alexandria, Virginia. Attendees will have an opportunity to meet one-on-one with senior USPTO experts and participate in panels and breakout sessions addressing specific intellectual property topics relevant to modern inventors and small business owners. This is an excellent educational and networking opportunity for new and experienced business owners and inventors. USPTO senior officials and experts will…
  • USPTO to Host America Invents Act Second Anniversary Forum

    Brian Fletcher
    4 Sep 2013 | 7:05 am
    The United States Patent and Trademark Office (USPTO) today announced that it will host an America Invents Act (AIA) Second Anniversary Forum on Monday, September 16, 2013, from 1:00 p.m. until 5:00 p.m. ET in the Madison North Auditorium at the USPTO headquarters in Alexandria, Virginia. The public meeting will serve as an opportunity to bring stakeholders together with USPTO subject matter experts to address specific AIA provisions.  Experts from the Patent Business Unit and administrative patent judges from the Patent Trial and Appeal Board (PTAB) will discuss various provisions of the…
  • USPTO Upgrades Patent Full Text and Image Database

    Brian Fletcher
    26 Aug 2013 | 11:28 am
    The United States Patent and Trademark Office (USPTO) has upgraded the USPTO Full Text and Image Database.  This upgrade, which the patent community has been requesting for years, uses PDF images instead of TIFF images and provides several new benefits, including the ability to print full documents. Patent images, i.e., each page in a patent, may be viewed, printed and saved using a standard PDF-equipped browser. A separate TIFF plug-in is no longer required. In addition to the standard page-by-page viewing, users may now also click on a “Full Document” button to retrieve all the pages…
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    Florida IP

  • Are the Kardashians' European Activities Beyond The Reach of a U.S. Court?

    Woodrow Pollack
    11 May 2015 | 11:30 am
    Nope.Lee Tillett owns U.S. Trademark No. 4079066 for KROMA in connection with cosmetics.  Tillett exclusively licensed the mark to Kroma Makeup EU, LLC ("Kroma EU") granting Kroma EU the right to import, distribute, and sell products using the mark in Europe.  Kroma EU's business thrived selling cosmetics under this mark.Separately, Kim, Kourtney, and Khloe Kardashian set out to create a Kardashian-themed makeup line.  They engaged Boldface Licensing + Branding ("Boldface") to assist in this venture.  Boldface conducted a preliminary trademark search for terms like…
  • Staying Litigation Because of Request for Inter Partes Review?

    Woodrow Pollack
    6 Apr 2015 | 6:08 am
    Not yet.  The request is premature until the Patent Office determines whether or not to institute the Inter Partes Review ("IPR").TAS Energy, Inc. sued Stellar Energy Americas, Inc. for patent infringement concerning U.S. RE 44,815.  TAS and Stellar are competing engineering firms that each sought to design and construct a gas turbine inlet air cooling and thermal energy storage system for Duke Energy.  TAS additionally sought a preliminary injunction to enjoin Stellar's activities, but that motion was denied.  Stellar next petitioned the U.S. Patent and Trademark Office…
  • Request for Directed Verdict -- Is "Pods" Generic?

    Woodrow Pollack
    17 Mar 2015 | 4:52 am
    No.A jury agreed with PODS that U-Haul infringed the "pods" trademark and that U-Haul was unable to prove that the mark was generic.  U-Haul asked for a directed verdict notwithstanding the jury's conclusion and separately asked for a new trial.The Court noted the narrow lens through which a Rule 50 directed verdict motion is viewed:A Rule 50 motion should be granted only if the evidence is so overwhelmingly in favor of the moving party that a reasonable jury could not arrive at a contrary result.(quote omitted).  U-Haul argued that it had presented significant evidence including…
  • The Infringer Sourced The Infringing Goods in China, So Infringement Was Willful, Right?

    Woodrow Pollack
    2 Mar 2015 | 5:30 am
    No.Washington Shoe Company ("WSC") has sold certain shoes in Target.  (There is debate through the opinion discussed below whether WSC sold its shoes through Target "for years," but I will not get into that factual dispute.)  WSC sent an initial demand letter to Olem Shoe Corp. concerning the below boots:Olem responded that it was investigating the claim, but WSC had not identified any copyright registrations.  WSC responded with registration information, but the Copyright Office was unable to locate the deposit copies corresponding to the boots.  WSC then filed…
  • Patent Eligibility Attack On the Pleadings?

    Woodrow Pollack
    11 Feb 2015 | 6:44 am
    Not where you need to rely on evidence outside the pleadings...Stoneeagle Services has sued Pay-Plus Solutions and Premier Healthcare Exchange for infringement of U.S. Patent RE 43,904 and RE 44,748 relating to healthcare provider reimbursement systems and methods.  Defendants, as has become all too common, moved for judgment on the pleadings early in the case, arguing that the patents are not patent eligible.  They challenged "representative" claim 2: 2. A method of facilitating payment of adjudicated health care benefits to a health care provider comprising:identifying the health…
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    Patexia Rss Feed

  • Supreme Court rules against Cisco Systems in patent infringement fight

    26 May 2015 | 11:44 am
    The U.S. Supreme Court on Tuesday ruled against Cisco Systems Inc over a patent infringement claim the tech giant is fighting. On a 6-2 vote, with Justice Stephen Breyer recused from the case, the court threw out a ruling by the U.S. Court of Appeals for the Federal Circuit in favor of Cisco. There is now likely to be a new trial. U.S. top court rules against Cisco Systems in patent infringement fight | Reuters
  • Kyle Bass is at it again with a new PTAB petition against Horizon Pharma

    26 May 2015 | 11:09 am
    Hedge fund manager Kyle Bass, whose America Invents Act reviews of drug patents are under scrutiny by Congress, filed a new petition Thursday taking aim at a patent on Horizon Pharma PLC's arthritis medication Vimovo, which he called a "ridiculous" attempt to patent a combination of common drugs.   Hedge Fund Hits 'Ridiculous' Horizon Patent With AIA Review - Law360  
  • Supreme Court Nixes 'Good Faith' Induced Infringement Defense

    26 May 2015 | 10:26 am
    The U.S. Supreme Court ruled Tuesday that a good-faith belief that a patent is invalid is not a defense to induced infringement, saying the Federal Circuit erred when it created the defense in a decision that vacated a $74 million verdict against Cisco Systems Inc. BREAKING: High Court Nixes 'Good Faith' Induced Infringement Defense - Law360  
  • Google's New "Creepy Smart Toys" Patent

    26 May 2015 | 9:38 am
    Last week Google was granted a patent for an anthropomorphic device (read teddy bear) that can sense, process, and respond to external stimuli from children playing with the toy. Beyond interacting with kids, the technology can be used to control media devices such as TVs, DVD players, and smart thermostats. This "creepy smart toys" patent was the outcome of some Google X research around 2012. Google patents creepy smart toys that interact with kids
  • GE willing to sell off intellectual property to secure regulatory approval for its $17 billion Alstom Deal

    21 May 2015 | 9:31 am
    The comments by Chief Executive Jeff Immelt were the most specific yet about what GE would and wouldn’t concede as European regulators continue to review the deal announced more than a year ago. GE Open to Intellectual Property Sales to Get Alstom Deal Nod - WSJ GE said it would be willing to sell off intellectual property to secure regulatory approval for its $17 billion deal for Alstom’s power business, but said concessions around the French company’s service business aren’t an...
 
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    Arizona IP Attorney » Blog

  • Streaming Site Grooveshark Shut Down

    JacksonWhite Law
    13 May 2015 | 10:28 am
    The largely popular music streaming service, Grooveshark, has been shut down indefinitely. After three years in court, US District Judge Thomas Griesa has decided that the company knowingly worked outside Copyright law. Warner Bros Records, Sony Music Entertainment, Arista Music and six other companies sued Grooveshark in 2011 for infringement. The major music labels accused Grooveshark of knowingly circumventing the licenses necessary to distribute their music to the public. Grooveshark originally claimed to abide by America’s Digital Millennium Copyright Act in having a “take down”…
  • Park Slope Restaurant Sued for Trademark Infringement

    JacksonWhite Law
    12 Mar 2015 | 11:48 am
    Who doesn’t love a spoonful of Nutella? The sweet hazelnut spread has become a popular indulgence with chocolate lovers everywhere, but for one Park Slope restaurant it seems their indulgence has offended the Nutella parent company, Ferrero. The illicit Nutella shop Nuteria is facing a lawsuit from Ferrero. The lawsuit was filed in Brooklyn on February 5th. Ferrero is suing the owners of Nuteria for trademark infringement. They believe the restaurant has stolen their intellectual property. The little restaurant’s menu, décor, and name are all based off of the delicious hazelnut spread.
  • Left Shark has Katy Perry’s Legal Team Swimming in Circles

    JacksonWhite Law
    10 Mar 2015 | 11:41 am
    Everyone who tuned into the Super bowl witnessed the Half-Time show featuring Katy Perry. While Katy may have been the star, according to social media accounts across the nation, “Left Shark” stole the show. It didn’t take long for one small business owner, Fernando Sosa, to jump on the smiling shark’s success. He currently sells Left Shark figurines. Perry’s legal representatives are not happy. In fact, they sent a cease-and-desist demanding Sosa to stop selling the figurines. Originally Fernando planned to comply with the letter and pull his figurines off the shelf. But something…
  • YouTube Paid $1 Billion to Copyright Holders

    JacksonWhite Law
    5 Mar 2015 | 9:06 am
    YouTube has reportedly paid out a whopping $1 billion to various copyright holders since 2007 as part of the Google’s Content ID program. Content ID Program According to Google, the program scans 400 years’ worth of content daily in efforts to identify potential copyright issues. They created the program after receiving a great deal of complaints from major TV networks. Before Google purchased YouTube, the online video site was full of copyrighted programs. Various episodes and clips of episodes flooded the site. Google created the ID in 2007 to compare videos and songs to originals. When…
  • UK Legislation Makes Changes to Copyright Laws

    JacksonWhite Law
    3 Mar 2015 | 9:02 am
    Previously, individuals using clips of films, television shows, or songs could have been sued if they did not have consent. However, recent changes in UK legislation will change that. The new laws allow the use of the material as long as it is not discriminatory and does not compete with the original work. The law became effective on October 1, 2014. With the new law, individuals are allowed to sue for copyright infringement if they feel it conveys a discriminatory message. This is to protect the original work from being associated with a new, potentially offensive. How do parody artists…
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