• EU Copyright Reform Proposal Clears Lead Legislative Committee, To Cheers And Jeers

    The European Parliament Legal Affairs Committee (JURI) adopted its report on the European Commission-proposed copyright in the digital single market directive yesterday. The vote, by the lead committee vetting the proposal, sparked a continuation of the acrimonious debate that has raged for many months over several controversial provisions: The creation of a new right for online publishers and a requirement that Internet platforms monitor users’ uploads for copyright infringements. The narrow majority that approved the report by German Member of the European Parliament (MEP) Axel Voss, of the European People’s Party, “suggests that the struggle is still long,” telecom consultant Innocenzo Genna blogged.

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  • The 700 Million Dollar Boomerang Lawsuit

    This is where the drama begins its teaching. Title Source believed its own narrative, in which it was a victim of HouseCanary’s breach… Why didn’t Title Source see the potential disaster when deciding whether to sue? The answer almost certainly lies in the emotional content of disputes where information has been shared between companies. The relationship starts, as it must, with declarations of trust on both sides. So when things start to go downhill, disappointment morphs into loathing and a…

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  • Dish Network Corp. v. Customedia Technologies, L.L.C. (PTAB 2018)

    Claims for Managing and Delivering Targeted Advertising Data Found Invalid under Covered Business Method (CBM) Patent Review By James Korenchan — On June 11, 2018, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Dish Network Corp./LLC (collectively, “Dish Network”) and Customedia Tech. LLC (“Customedia”), in which the challenged claims were found to be unpatentable under 35 U.S.C. § 101. (Some challenged claims were also found to be unpatentable under 35 U.S.C. §§ 102 and 112, but this post addresses only the §…

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  • Two Steps Forward, One Step Back

    By Greg Hopewell If the focus on fact finding in Aatrix, Berkheimer, and Exergen from earlier this year helped provide additional clarity on the analysis of “something more,” the SAP America decision, at least to my mind, failed to clarify, and possibly further muddied, the analysis. Reaching This Result Could Have Been Easy First, a representative claim: 1. A method for calculating, analyzing and displaying investment data comprising the steps of: (a) selecting a sample space, wherein the sample space includes at least one investment data sample; (b) generating a distribution function using a re-sampled statistical method and a bias…

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  • Two Steps Forward, One Step Back

    By Greg Hopewell If the focus on fact finding in Aatrix, Berkheimer, and Exergen from earlier this year helped provide additional clarity on the analysis of “something more,” the SAP America decision, at least to my mind, failed to clarify, and possibly further muddied, the analysis. Reaching This Result Could Have Been Easy First, a representative claim: 1. A method for calculating, analyzing and displaying investment data comprising the steps of: (a) selecting a sample space, wherein the sample space includes at least one investment data sample; (b) generating a distribution function using a re-sampled statistical method and a bias…

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  • Infringement-by-manufacture requires complete — not merely substantial — manufacture

    Infringement-by-manufacture requires complete — not merely substantial  — manufacture

    by Dennis Crouch

    The United States government is not directly liable for patent infringement under the Patent Act. However, 28 U.S.C. 1498(a) represents a partial waiver of sovereign immunity — allowing patent owners to sue the US Government for its unlicensed use of a U.S. patent.

    149a(a) Whenever an invention described in and covered by a [US] patent . . . is used or manufactured by or for the United States without license . . . or lawful right . . . , the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture.

    In FastShip, LLC v. U.S., the question before the Federal Circuit was whether the infringing Littoral Combat Ships (“LCS”) were “manufactured” by the Government before the patent expiration dates.  In particular, the accused LCS-3 ship model was still under construction when the asserted patents expired, but the patentee argued that it should be considered manufactured since it was substantially complete, including the key aspects of the claims at issue that had no non-infringing uses.

    Rejecting the patentee’s argument, the court made the seemingly straightforward determination that a product is not “manufactured” until it is made suitable for use.

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  • US Patent 10,000,000 issues on 19 June 2018: COHERENT LADAR USING INTRA-PIXEL QUADRATURE DETECTION to Joseph Marron of Raytheon

    The underlying application was filed March 10, 2015 and the invention is directed to a frequency modulated (coherent)
    laser detection and ranging system.

    A story line within the June 18, 2018 episode of Elementary (titled “Sand Trap”) is of interest, for a kind of man bites dog twist. Within, the CEO of a company decides to dedicate the company’s inventions on an oil-spill oil recovery skimmer to the public. The leader of the project rebels, steals the company’s plans (as well as stealing from other inventors across the globe), but is murdered. Curiously, however, not by the intellectual property theft victims, nor by the sand pirates. Rather, by a seemingly mild-mannered county government employee living by kick-backs from contractors. The actions of the fictional CEO in “Sand Trap” might evoke Elon Musk in 2014 [From Forbes: Elon Musk’s announcement that Tesla Motors (TSLA) is treating its patents as open source is a truly daring move]. As to the county employee, he killed two people, the second by drilling his subordinate county worker through the head with a power drill.

    A story line within the June 17, 2017 episode of Instinct (titled “Blast from the Past”) has an interesting story line on plagiarism.

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