The Third Circuit reversed the grant of the dismissal of a lawsuit by in-house counsel who sued because, he alleged, he was forced to choose between complying with an application filing quota or complying with his ethical obligations to the USPTO. The case, Trzaska v. L’Oreal USA, INc., (3rd Cir. July 25, 2017), is here. […]Continue Reading ...
by Dennis Crouch The chart above might take a couple of minutes to digest, but the main point is that, while the median patent has remained relatively unchanged, patents are becoming more uniform in size. The chart above shows the number of claims per patent for three groups of patents – those issued in 2007, 2012, […]Continue Reading ...
In Organik Kimya AS v. Rohm & Haas Co., Organik Kimya AS (“Organik”) appealed the decisions of the Patent Trial and Appeal Board (“Board”) in two related inter partes review (“IPR”) proceedings for which Organik is the Petitioner. The Patent Owner is Rohm & Haas Co. The Board sustained the patentability of the challenged claims, Organik appeals… When confronted with expert experiments and testimony, practitioners must provide sufficient evidence and argument to negate and outweigh…
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Alice v. CLS Bank事件最高裁判決の基準に照らし、英文クレームのテキストを入力するだけで101条要件をクリアできるかどうかを自動的に分析してくれるツールが、”PATENTLYO”という有名なIPブログに紹介されていました。PATENTTLYOの紹介記事はこちら⇓https://patentlyo.com/hricik/2017/10/automated-analysis-eligibility.htmlツールはこちら⇓http://alice.cebollita.org:8000/predict30000以上の出願とオフィスアクションを元にContinue Reading ...
The Federal Circuit Bar Association (FCBA) will be offering a two-part webcast entitled “Aqua Products, Inc. v. Matal, Answers or More Questions?” Part I will take place on October 27, 2017 from 12:00 pm to 1:00 pm (EDT), and Part II will take place on…Continue Reading ...
Cardinal IP will be offering a presentation entitled “Post Grant Review Strategy – Choose Wisely” on October 30, 2017 from 3:00 to 4:00 pm (CT) at the University of Chicago Gleacher Center in Chicago. IL. Nathan Frederick, Director, IP Services for Cardinal IP will discuss the differences between IPRs, CBMs, and PGRs and how to choose the most effective path to invalidating problematic patents. Those interested in registering for the presentation, can do so here.Continue Reading ...
Although there is a popular misconception among inventors new to the field of inventing, the United States Patent and Trademark Office is never going to grant a provisional patent. A “provisional”, as it is sometimes called, is a type of patent applica…Continue Reading ...
By Jason Rantanen I’m presenting some data from the Compendium of Federal Circuit Decisions later today at Chicago-Kent’s terrific conference on The Power of the PTAB. Below are a few of the graphs I’ll be showing, along with a bonus graph involving Federal Circuit review of inter partes review proceedings. All data is through October 17, […]Continue Reading ...
1. The Jindal Institute on Research in IP and Competition (JIRICO) will be holding its Third International Conference on Innovation for Shared Prosperity: Deliberations on Standard Setting and Patent Licensing on November 4-5 at the T…Continue Reading ...
World Trade Organization committee members this week were asked to recommend to the upcoming ministerial conference whether to lift or indefinitely prolong a moratorium shielding intellectual property from complaints between members not involving a bre…Continue Reading ...
My sense is that non-practicing entities had long ago eliminated the Northern District as a potential venue for patent cases. But if and when there is an influx of cases to the Northern District of California, litigators who predominantly practice in T…Continue Reading ...
In Owens Corning v. Fast Felt Corp, Fast Felt sued Owens Corning for infringement, and Owens Corning filed a petition with the PTO seeking inter partes review of claims 1, 2, 4, 6, and 7. All of the challenged claims contain the term “roofing or building cover material.” Owens Corning argued that the claims are obvious over Lassiter, Hefele, and Eaton. The Board concluded that Owens Corning failed to show obviousness of any of the challenged claims… While the preferred embodiment of a claim…
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Knowing when a patent or patent application you or your client owns has been used in a 102 novelty rejection for another application presents obvious strategic benefits. Join Gene Quinn, founder of IPWatchdog.com, on Thursday, October 26, 2017, to discuss the strategic prosecution, litigation and due diligence uses of “forward rejections.” Joining him will be patent attorney Bernard Tomsa, a partner with Brooks Kusham, to discuss the patent litigation and prosecution strategies. Also on the…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled “Sovereign Immunity at the PTAB: Gimmick or Genius?” on October 24, 2017 from 2:00 to 3:00 pm (ET). Brendan Johnson of Robins Kaplan, Lissi Mojica of Brooks Kushman, and Shashank Upadhye of Amin Talati Upadhye will address such questions as: • What is the nature of tribal immunity? • Do Indian tribes offer special advantages in these deals, or could a patent owner just as well make a deal for a state government to harbor patents? • What was the basis for the PTAB’s earlier decisions this year…Continue Reading ...
Strafford will be offering a webcast entitled “Divided Patent Infringement and Inducement: Protecting IP Rights and Allocating Liability” on October 31, 2017 from 1:00 to 2:30 pm (EDT). Thomas L. Irving, Paul W. Browning, and Barbara R. Rudolph of Finnegan Henderson Farabow Garrett & Dunner will provide guidance to counsel on handling divided infringement claims when enforcing patent rights, and review recent court decisions and outline steps to protect IP rights and allocate liability in the event of infringement. The webinar will review the following issues: • How are the federal courts treating the issue of divided infringement? • What…Continue Reading ...
$$ Various problems have arisen with deformable mirror spatial light modulators of the type disclosed in U.S. Pat. No. 4,441,791. / 米国特許第４４４１７９１号に開示されている形式の変形可能ミラー空間光変調器について､種々の問題が発生している｡(USP6278541)
$$ However, problems arise in controlling drainage of fluid after GFS. / しかし､ＧＦＳ術後の排液の管理の問題が発生する｡(USP6186974)
$$ However, a problem would arise if queries are made with reference to other fields within the record shown in the table of FIG. 3A. / しかしながら、図３Ａの表に示された記録内の別のフィールドに関して照会が行われた場合に問題が生じる。(USP6182079)
$$ Another problem arises in that line voltage may vary during the operation of the dimmer.(USP4680536)
$$ A problem arises with structures using piezoelectric materials in self-heating at high frequencies leading to depoling and loss of piezoelectric activity. / 圧電材料を使用する構造の場合、高周波数において自己加熱により脱分極および圧電活性の喪失に至るという問題が起こる。(USP6278541)
$$ The invention in its various aspects aims to enable the provision of safe hot water while avoiding or reducing one or more of the problems identified above. (USP8020779)
$$ Those two neighbours are not capable of communicating directly with each other to avoid this problem. (USP7565149)
$$ The device illustrated in FIG. 1 has been designed to avoid this problem. (USP6965789)
$$ It is intended to avoid such problems on the GNU system. (USP6691301)
$$ The preferred DCP avoids the problem of discontinuities as well.(USP6075887)
$$ Modulation of high power lasers, using either acousto-optic or electro-optic systems, presents efficiency problems. / 音響光学システムまたは電気光学システムのいずれかを使用する高出力レーザの変調には､効率上の問題がある｡(USP6278541)
$$ There is another problem, that undesirable perception of color can be caused by lack of opacity of individual ink layers. / 個々のインク層の不透明さ(opacity)が不足することによって、認識を望まない色が生じるという別の問題が生じる。(USP6267052)
$$ This means that the lateral dimension loss is not a particular problem for the device fabrication. / 横寸法の減少は、デバイス製造に格別な支障を来たさない。(USP7598149)
$$ We have now devised a receiver sheet for use in a TTP process which reduces or substantially eliminates at least one or more of the aforementioned problems. / 我々は、上記の１つ以上の問題を低減するか、または実質的になくす、ＴＴＰ法において使用するためのレシーバーシートを考案した。(USP5935903)
$$ However, for this to happen, the speeds would be very low indeed for the waveform to change so slowly, and the actual delay would be negligible in terms of rotor angle, so that the slight inaccuracy of position detection is not a problem. / しかしながらこのことが発生するためには、ゆっくりと変化するように、波形の速度は非常に低速であり、実際の遅延は回転子角度に関して無視してよく、位置検出のわずかな不正確さは問題ではなくなる。(USP6586903)
$$ For electric meters, the power supplied is not a problem. (USP6208696)
$$ The situation described above causes problems since it constitutes an inconsistency in the cache memories 24, 26. / 上記示された状況においては、キャッシュメモリ２４及び２６において非一貫性が構成されるため、問題が生じる。(USP6138216)
$$ A typical way of eliminating this problem is to use a write barrier on all operations that could alter the contents of objects. (USP02029357)
$$ Large bore production xmas trees, particularly subsea trees utilizing horizontal outlets, present problems with outlet diameters.(USP02070025)
$$ Furthermore, plasticisers in general present problems due to their tendency to migrate from the film into the adhesive, resulting in changes in adhesive performance. / さらに可塑剤は一般的にテープ基層から接着剤層に移行する傾向があり、これはテープの接着作用に影響する。(USP6200677)
$$ This is highly problematic. これは極めて大きな問題である(USP01047466)
$$ This causes no problems until the point of deletion of the compiled version.(USP02029357)
$$ From a user’s perspective, the problem is as follows: (a) Sender(i) wants to send a video stream at K bits/sec to M receivers. (b) Receiver(j) wants to receive Sender(i)’s video stream at L bits/sec…(USP5602589)
$$ The attacker’s main problem is that the voltage contrast electron microscope requires a clear view to the lines.(USP01037458)
$$ Two requirements for the coils X, Y, Z may create problems. (USP6937136)
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On Monday, October 16th, the Internet security company VirnetX (AMEX:VHC) of Zephyr Cove, NV, announced the results of a patent litigation campaign it had pursued against Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL). According to a press release issued by VirnetX, the Eastern District of Texas increased the damages to be paid by Apple from $302.4 million in a prior jury verdict up to nearly $440 million for Apple’s infringement of patents covering secure communications in…
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The Federal Circuit heard the case of Secured Mail Solutions LLC v. Universal Wilde, Inc., where the Appellant, Secured Mail Solutions LLC (“Secured Mail”) appealed from the grant of a motion to dismiss on grounds that the claims of seven asserted patents are directed to subject matter ineligible for patenting under 35 U.S.C. § 101. The Federal Circuit affirmed the district court’s grant of Universal’s motion to dismiss… Claims determined to be patent-ineligible based on intrinsic evidence…
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This is something I hadn’t seen. You go to this web page, and it allows you to enter a claim and get a prediction — based upon, it says, analysis of more than 30,000 applications and office actions — whether your claim is eligible, or not.Continue Reading ...
Among all the high-profile issues on the stage and the countless side meetings and cultural celebrations happening at the annual World Intellectual Property Organization annual Assemblies, there were some interesting facts and figures presented about t…Continue Reading ...
- In-House Lawyer Fired for Complaining that Application Filing Quota Caused Ethics Violation Able to Sue
- Standard Patent Size
- PTAB erred finding claims nonobvious in IPR, Federal Circuit reverses without remand
- Critiques Alone Are Insufficient to Outweigh Expert Experiments and Testimony
- Unlocking Examiner Rejections: Using Forward Citations Strategically in Prosecution, Litigation and Due Diligence