Reply brief filed in Polaris v. Kingston — are APJ’s unconstitutionally appointed principal officers?

Polaris has now filed its reply brief in the pending appeal of Polaris Innovations Ltd. v. Kingston Technology Co., Inc. at the Federal Circuit. You can read the reply brief here: Earlier briefs filed in this appeal are available here: Appellant’s Principal Brief  USPTO’s Intervenor Brief Kingston Response Brief This appeal should be pretty interesting […]

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  • Final Panelists at Senate 101 Hearing Stress Real-World Effects of Status Quo, Tillis Signals Changes to Draft Text

    After three hearings and 45 witnesses, there were few new fundamental arguments advanced for or against reforming patent eligibility law at today’s final Senate IP Subcommittee hearing on the topic, but several key—and some alarming—messages were underscored. A few takeaways off the bat: there are going to be considerable changes to the working draft. In particular, there were four issues that Senator Thom Tillis (R-NC)Co noted were raised repeatedly. First, both sides agreed the new proposed…

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  • Patent Attorneys Address Implications of SCOTUS’ Return Mail Ruling

    Yesterday, the U.S. Supreme Court ruled in Return Mail, Inc. v. United States Postal Service that the U.S. government doesn’t qualify as a “person” for the purposes of petitioning the Patent Trial and Appeal Board (PTAB) to institute inter partes review (IPR) proceedings under the America Invents Act (AIA). The majority opinion was authored by Justice Sonia Sotomayor and joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh, while…

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  • KPPB LLP is looking for an Electrical Engineer/Computer Science Associate

    Dynamic IP boutique KPPB LLP is looking for an Electrical Engineer/Computer Science associate with a strong background in digital signal and image processing, data science, natural language processing, machine learning and/or web application development to work on technically challenging IP matters for a clientele of venture backed startup companies.This is a Full Time, Permanent position […]

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  • Justice Sotomayor and the conservatives deliver blow to the government in Return Mail

    From within the opinion written by Justice Sotomayor in Return Mail vs. USPS:

    Given the presumption that a statutory reference to a
    “person” does not include the Government, the Postal
    Service must show that the AIA’s context indicates otherwise.
    Although the Postal Service need not cite to “an
    express contrary definition,” Rowland, 506 U. S., at 200, it
    must point to some indication in the text or context of the
    statute that affirmatively shows Congress intended to
    include the Government. See Cooper, 312 U. S., at 605.

    The Postal Service makes three arguments for displacing the presumption.
    First, the Postal Service argues that
    the statutory text and context offer sufficient evidence
    that the Government is a “person” with the power to petition for AIA review proceedings.
    Second, the Postal Service contends that federal agencies’
    long history of participation in the patent system suggests that Congress
    intended for the Government to participate in AIA review
    proceedings as well. Third, the Postal Service maintains
    that the statute must permit it to petition for AIA review
    because §1498 subjects the Government to liability for
    infringement. None delivers.

    link: https://www.supremecourt.gov/opinions/18pdf/17-1594_1an2.pdf

    The vote was 6 to 3.

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  • Revival of patent applications lapsed due to §101?

    Should the pending patent legislation in Congress be amended to include a provision to reinstate patent applications that were lapsed by their owners due to §101 rejections? It is an interesting question. The need for legislation and public outcry over §101 makes clear that the Supreme Court and Federal Circuit made a mess of §101. […]

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  • This Week on Capitol Hill: Third Patent Eligibility Hearing, AI National Security Challenges, and NASA’s Science Mission

    This week on Capitol Hill, the Senate IP Subcommittee will hold its third and final hearing on patent eligibility issues that currently exist in the U.S. patent system. Elsewhere in the Senate, hearings will focus on privacy issues posed by data brokers as well as Federal Communications Commission oversight. Hearings over at the House of Representatives will discuss topics including NASA’s science mission, sexual harassment issues within the scientific professions, and research leading towards…

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  • 立てる

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    立てる

    (STAND)
    $$ The outer peripheral surface blends by an edge surface into an annular top surface which forms the upper end of the container when it…

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  • Rule Requiring Prescription Drug Price Disclosures in TV Ads Will Create Complex Lanham Act Enforcement Issues and First Amendment Implications

    A Final Rule issued by the Centers for Medicare and Medicaid Services (CMS) on May 8 (the “Final Rule”) that requires direct-to-consumer (DTC) television advertisements for a prescription drug or biologic covered by the Medicare or Medicaid programs to disclose the product’s “list price,” will become effective on July 9, 2019. The Final Rule mandates price disclosures for any covered drug that is $35 or more for a one-month supply or the usual course of therapy, and includes a unique…

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  • KPPB LLP is Looking for a Material Science Associate

    Dynamic IP boutique KPPB LLP is looking for Material Science Associate candidates with a strong background in science to work on technically challenging patent prosecution for a clientele of leading edge venture backed startup companies and universities.  This is a Full Time, Permanent position located in Anaheim California; Los Angeles. Duties Include Candidate will handle […]

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  •                         目次はこちら

    (VALLEY)
    $$ This pushes the jaw members along the bolt by a small distance sufficient to align the crests of one set of grooves with the valleys of th…

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  • 例えば

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    例えば

    特許明細書中「例えば」の意味で用いられるのは、"for example", "e.g."が多い(for example : e.g. : for instance = 15 : 5 :1程度)

    (FOR EXAMPLE)
    $$ For example, polyethers (such as polyethylene oxide) will absorb a wider range of chemical stimuli than a C18-hydrocarbon oligomer. / 例えば、ポリエーテル(例えばポリエチレンオキシド)は、C18炭化水素オリゴマーよりも広範囲の化学的刺激物質を吸収するであろう。(USP7062110): for example

    $$ The electrical connectors 84 comprise copper, but the electrical connectors may comprise any other suitable electrically conducting or superconducting material, for example silver, gold etc. (USP6888439)

    $$ The conveyors can be wheels, rollers or similar, but other types of conveyors can equally be useful, for example skis, endless tracks etc. (USP6779598)

    $$ Currently the stop off material is removed from the surfaces of the split hot forming die by abrasives, for example grinding wheels, dressing stones etc. (USP6616775)

    $$ For example fruits such as tomato, melon, peach, pear, etc where the accumulation of starch is an early event in fruit development but is later degraded during fruit ripening releasing sugars. (USP6013861)

    $$ An anisotropic etching process (for example reactive ion etching) is used, in view of the small width S1 of the apertures 31. (USP5930609)

    $$ For example, databases are available which incorporate extensive company da
    ta, for example shareholdings, turnover, profit, fixed assets, etc. (USP5727201)$$ The means for detecting relative movement may be for example a scanner head, mouse ball etc. (USPA01024586)

    (FOR INSTANCE)
    $$ The inventive second unit can for instance be a refill package. / 本発明の第2ユニットは、例えば詰め替え用パッケージであってもよい。(USP8162136)

    $$ For instance, an information agent might select documents of relevance to a topic or user. / 例えば情報エージェントはトピックまたはユーザに関連するドキュメントを選択することができる。(USP6424968)

    $$ The email header might be for instance in the format: / eメールヘッダは例えば次の形式をとることになる。(USP6353827)

    (E.G.)
    $$ E.g. two transponders may be mounted at the front of the vehicle and two at the rear. / 例えば、2つのトランスポンダを車両の前面部に配置し、さらに、後面部に2つ配置する。(USP8386111)

    $$ The light source may comprise a fluorescent tube (e.g. a UV fluorescent tube). / 光源は蛍光管(たとえば紫外線蛍光管)を含んでもよい。(USP8173015)

    $$ The hot and cold loads could alternatively be produced by thermoelectric e.g. solid state sources, such as Peltier effect devices. / 高温および低温の負荷は、場合によっては、熱電の、たとえばペルチェ効果デバイスなどのソリッドステートの供給源によって作り出されることも可能である。(USP6900756)

    $$ The amplifier 18 outputs to the detector 20 (e.g. a Schottky detector). / 増幅器18は検波器20(たとえばショットキー検波器)へと出力する。(USP6900756)

    (SAY)
    $$ The vessel 3 has two clips 4 applied to it (spaced apart by say 1 cm) to occlude it. / 血管3には、それを閉塞させるように2つのクリップ4が取り付けられている(たとえば、1cmの間隔を置いて配置されている)。(USP8287559)

    $$ This means that a layer 14 of paper fibres has already been deposited onto the cylinder mould cover 10 to form, say, a 40 gsm sheet (see FIGS. 3 and 4). / このことは、例えば40gsmシートを形成するように、紙繊維の層14がシリンダー型カバー10に既に付着していることを意味する。(USP6616803)

    $$ Similarly, A and C must use the same time slot for the link between them, say time slot 2, etc. / 同様に、AおよびCは、例えばタイムスロット2などのそれらの間のリンクに同じタイムスロットを使用しなければならない。(USP6553020)

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  • SCOTUS Ruling in Return Mail Delivers Blow to Government Use of IPRs

    This morning, the U.S. Supreme Court issued its decision in Return Mail, Inc. v. United States Postal Service in which the 6-3 majority held that the U.S. government doesn’t qualify as a “person” for the purposes of petitioning the Patent Trial and Appeal Board (PTAB) to institute patent validity proceedings under the Leahy-Smith America Invents Act (AIA). The majority opinion, penned by Justice Sonia Sotomayor and joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito,…

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  • Not Here to Start Trouble: Court Rules Documentary’s Use of Super Bowl Shuffle Was Fair Use

    The Eighties are in! A contagious wave of nostalgia has infected popular culture with period TV series, from shows like Stranger Things to rebirths and reboots of the era’s shows and movies. This retro cultural appropriation was bound to involve a copyright issue. Indeed, a dispute arose over a documentary on the 1985 Chicago Bears, which made an unauthorized use of the team’s landmark music video, The Superbowl Shuffle. The Shuffle’s owners claimed an infringement on the licensing market for…

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