• Patent Examiners Suggestions for Improving the Patent Document

    Patentees often blame the USPTO for low patent quality.  Examiners though often reflect upon the principle “garbage-in, garbage out.” As part of its patent quality initiative, the USPTO is considering the patent document could be improved to better facilitate examination and ultimately improve patent quality at issuance. The chart below comes from an internal USPTO survey of […]

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  • PTAB Decision from This Week: CAD Modeling

    Tough case for Livermore Software.  The PTAB just rejected its claims as abstract ideas.  Claim 1 is a bit long but is listed below as a method for joining mis-matched portions of an object’s surface (NURBS patches) so that a whole object model is prepped for finite element analysis (FEA).  The problem for the patentee is that […]

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  • ZONE

                            目次はこちら

    ZONE

    –>area; range; region

    $$ Preferably, the wavefront modulating mask is a binary phase mask such as an off axis Fresnel zone plate. / 好ましくは、波面変調マスクは、軸外れフレネルゾーンプレートなどの2進位相マスクである。(USP6570143)

    $$ Similarly, for small beam widths, the zone area is small, thus containing fewer nodes. / 同様に、ビーム幅が狭い場合、ゾーン面積は狭いため、含まれるノードは少なくなる。(USP6553020)

    $$ These comprise two combustion zones (pilot and a main zones) each having a separate fuel supply. / かかる新型燃焼器は、2つの燃焼領域(パイロット領域と主領域)を有し、各領域は、別個の燃料供給源を有している。(USP6474569)

    $$ An apparatus as claimed in claim 1 in which the coating zone is annular. (USP6383565)

    $$ The diagnostic apparatus is in communication with a suitable control system to vary the sink zone temperature. / 診断装置は、シンクゾーン温度を変化させるために、好適な制御システムと連絡状態にある。(USP6375739)

                            目次はこちら

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  • Why SAS Institute Matters More Than Oil States

    Oil States Energy Services LLC v. Greene’s Energy Group, LLC, now scheduled for oral argument before the Supreme Court on November 27, is clearly receiving all the attention this fall. The possibility of finding Patent Trial and Appeal Board (PTAB) post grant proceedings unconstitutional cannot be understated. But oral arguments will also be heard on that same day in the less-noticed SAS Institute v. Matal… Should any form of IPRs survive Oil States, the following SAS Institute decision…

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  • Why SAS Institute Matters More Than Oil States

    Oil States Energy Services LLC v. Greene’s Energy Group, LLC, now scheduled for oral argument before the Supreme Court on November 27, is clearly receiving all the attention this fall. The possibility of finding Patent Trial and Appeal Board (PTAB) post grant proceedings unconstitutional cannot be understated. But oral arguments will also be heard on that same day in the less-noticed SAS Institute v. Matal… Should any form of IPRs survive Oil States, the following SAS Institute decision…

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  • 80/20 Rule: 80% of IPRs challenge patents already asserted in district court

    Pedram Sameni at Patexia has an interesting new post titled Eighty Percent of IPR Filings are for Defensive Purposes.   As the title suggests, their study of the 6,580 IPR challenges filed 2012-2017, 80% challenge patents that were already being asserted in district court. https://www.patexia.com/feed/patexia-chart-44-80-percent-of-ipr-filings-are-for-defensive-purposes-20171107  

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  • "CBS Sunday Morning" on 5 November 2017 does Ta-Nehisi Coates

    CBS Sunday Morning on 5 November 2017 included an upbeat discussion of Ta-Nehisi Coates [See Ta-Nehisi Coates wants readers to be “haunted” by his work : “Critically-acclaimed author Ta-Nehisi Coates has earned a huge following, along with several prestigious awards, for his thought-provoking books dealing with race.” AND The Essential Ta-Nehisi Coates : Teichner said, “There are probably people who read your books and get mad, and say, ‘It sounds like he hates America.'”]

    CBS Sunday Morning did not discuss Coates’ involvement in the John Kelly “Civil War history” matter, an interesting discussion of which appears in the Federalist. Therein, John Davidson wrote:


    Compromising on slavery had been part of how America stayed together, and staved off war, from the beginning. No historian disputes this. But for writers like Chait and The Atlantic’s Ta-Nehisi Coates, compromise was a bad thing because it preserved slavery. That such compromises limited slavery’s spread and put it on the path to extinction carries no weight with them.

    In a widely shared thread on Twitter, Coates joined in lambasting Kelly’s remark about compromise, but managed to turn the question on its head. For Coates, each compromise that preserved the Union and prevented war prior to the Civil War was morally bankrupt. He also rails against the compromises struck after the war to restore the Union, as well as the compromises Lincoln offered during the war to bring rebellious southern states back into the fold.

    Coates’ initial line of criticism—that Kelly should know about all these compromises because the relevant history is “easily accessible, not tucked away in archives somewhere”—gets to something deeper. For Coates and his ilk, the entire idea of America is indefensible.

    [link: https://thefederalist.com/2017/11/02/shelby-footes-civil-war-history-defends-america-insatiable-haters-like-ta-nehisi-coates/]

    See also the IPBiz post
    John Kelly, compromise, the Dred Scott decision, and the Corwin Amendment

    The Almanac feature of “Sunday Morning” on November 5 celebrated the birthday of Raymond Loewy (born November 5, 1893), with much discussion of his design of the Studebaker Avanti. CBS did not mention this was a team effort, also involving John Ebstein, Bob Andrews, and Tom Kellogg. Loewy is also known for the design of the Exxon logo and the 1964 Kennedy stamp. Four years prior to the CBS show, on November 5, 2013, Loewy was the subject of a Google Doodle. Of some relevance to intellectual property, note his 1951 book Never Leave Well Enough Alone . See more at wikipedia.

    The “nature” feature on 5 Nov 2017 was pelicans in Marin County, continuing a trend of generic, puff nature pieces, and away from naming of more specific destinations one might want to enjoy.

    **As a footnote to Davidson’s reference to Lincoln’s “House Divided” speech:


    In his famous 1858 House Divided speech, Lincoln said the United States “cannot endure, permanently half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing or all the other.”

    one recalls that in the gospel reference, Jesus was more negative as to DIVIDED KINGDOMS:


    Matthew 12:22-28 New King James Version (NKJV)

    A House Divided Cannot Stand

    22 Then one was brought to Him who was demon-possessed, blind and mute; and He healed him, so that the blind and mute man both spoke and saw. 23 And all the multitudes were amazed and said, “Could this be the Son of David?”

    24 Now when the Pharisees heard it they said, “This fellow does not cast out demons except by Beelzebub, the ruler of the demons.”

    25 But Jesus knew their thoughts, and said to them: “Every kingdom divided against itself is brought to desolation, and every city or house divided against itself will not stand. 26 If Satan casts out Satan, he is divided against himself. How then will his kingdom stand? 27 And if I cast out demons by Beelzebub, by whom do your sons cast them out? Therefore they shall be your judges. 28 But if I cast out demons by the Spirit of God, surely the kingdom of God has come upon you.

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