NAIROBI, Kenya — On the sidelines of the World Trade Organization Ministerial Summit this week in Nairobi, senior officials from the Kenya government, Joint United Nations Programme on HIV/AIDS (UNAIDS), civil society and others called for countries t…Continue Reading ...
A United Nations high-level panel of experts has set a process in motion to find solutions to increase access to medicines. Following its first meeting last week, the panel will call for proposals to recommend solutions that can promote innovation, but…Continue Reading ...
America’s International Trade Commission is a tempting venue for US intellectual property owners. The agency acts quickly, has a history of supporting IP owners, and offers a powerful means to stop infringing products from entering the US. So when the ITC expanded its jurisdiction last year, claiming the power to stop online infringements, many IP owners cheered. And many internet companies fretted. Until last month, when the Federal Circuit had its say.Continue Reading ...
Takeaway: If a petitioner challenges claims in a proceeding in which a final written decision is issued, it may be estopped from challenging those claims in another proceeding on different grounds if the evidence shows that the petitioner knew about … Continue reading →
The post Final Written Decision Finding Some Claim Challenges Estopped IPR2014-00884 appeared first on PTAB Trial Blog.Continue Reading ...
Among other reasons, the case is of interest because of the reliance of the CAFC
on text in the “background” section:
The import of this section of the specification could not be
clearer: the perceived problem with the prior art “intelligent
devices” was the attempt to combine mobile devices
with computer modules, resulting in a device that was too
expensive, too bulky, too inflexible, and, therefore, commercially
This section similarly makes clear that any solution to
this problem requires movement away from the prior art’s
attempt to combine a computer module with a mobile
Up to now, intelligent communication devices
have combined a computing module with a wireless
communications module. However, to gain
widespread acceptance, a two-way data communication
device with processing capability and the
ability to run a wide variety of differing user applications
is needed. In addition, such a device
should be comparable in size, cost, and weight to a
Id. at col. 3 ll. 29–35. The Summary of the Invention
begins by continuing along these lines, distinguishing the
invention of the patents-in-suit from the prior art devices
that include computer modules
The conclusion of the case:
For the foregoing reasons, and because we find that
Unwired Planet’s remaining arguments are without
merit, we conclude that the district court properly construed
the claim terms at issue and properly entered
judgment of non-infringement. Accordingly, the district
court’s judgment is affirmed
link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1108.Opinion.12-11-2015.1.PDFContinue Reading ...
Takeaway: Analysis of a claim with respect to patent eligibility under Section 101 requires consideration of the claim as a whole, and the recitation of an abstract idea does not render the claim unpatentable where the claim does not attempt … Continue reading →
The post Instituting Post Grant Review on Obviousness but not Patent-Ineligibility Grounds PGR2015-00013 appeared first on PTAB Trial Blog.Continue Reading ...
35 U.S.C. 289 Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable […]Continue Reading ...
Authored by Georg C. Reitboeck and Jessica Cohen-Nowak Digest of Sightsound Technologies, LLC v. Apple Inc., No. 2015-1159 (Fed. Cir. Dec. 15, 2015) (precedential). On appeal from the P.T.A.B. Before Lourie, Dyk, Hughes. Procedural Posture: Patentee appealed the Patent Trial and Appeal … Continue reading →
The post Federal Circuit Affirms PTAB’s Finding of Obviousness in Covered Business Method Review appeared first on CAFCBlog.com.Continue Reading ...
Bruce Kisliuk: ”Those with more resources have some advantages in any litigation. That’s one reason a patent right is important, it can level that playing field a bit. Which is why I think the system will survive, maybe not thrive as some may wish but will survive, because you will still be able to protect. Technological progress marches forward and people aren’t going to sit and wait. So if you need patent protection you’re going to get what you can and you’re going to make sure you have a…
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Philanthropic foundations such as the Bill & Melinda Gates Foundation and the United Nations Foundation have seconded their staffers to top management positions at the World Health Organization.Continue Reading ...
Sony is one of the giants of the patenting world and in 2014, it placed 4th among all companies receiving patent grants from the U.S. Patent and Trademark Office, earning 3,214 U.S. patents that year. This was despite the fact that Sony was only one of two members of the top 10 who received fewer patents in 2014 than it did in 2013. The patent portfolio analysis tools at Innography are showing us that Sony has earned 2,489 U.S. patents so far in 2015, so it’s likely that Sony’s 2015 patent…
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AppDynamics is an example of what is known in the venture capital world as a “unicorn,” a start-up company which reaches a valuation that exceeds $1 billion. In early November, IPWatchdog ran an article describing that nearly one-third of unicorns had no intellectual property assets. Thanks to the patent portfolio analysis tools available through Innography, we can see that this start-up actually holds a portfolio of 9 U.S. patents and 22 patent applications. While a 9 patent portfolio is not…
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By Kevin E. Noonan — Interferences, the U.S. Patent and Trademark Office’s procedure for determining which of a plurality of inventive entities were the “first to invent,” were eliminated by the Leahy-Smith America Invents Act, but they are not entire…Continue Reading ...
Read the annual report. Dates are in fiscal-years.Continue Reading ...
From the precedential decision:
SightSound Technologies, LLC (“SightSound”) is the
owner of U.S. Patent No. 5,191,573 (the “’573 patent”) and
5,966,440 (the “’440 patent”). Apple Inc. (“Apple”) petitioned
the United States Patent and Trademark Office
(“PTO”) for covered business method (“CBM”) review of
claims 1, 2, 4, and 5 of the ’573 patent and claims 1, 64,
and 95 of the ’440 patent. The PTO granted Apple’s
petition and instituted CBM review. The Patent Trial
and Appeal Board (“the Board”) issued a final decision
finding all the challenged claims would have been obvious.
We hold that we lack jurisdiction to review the PTO’s
decision to consider issues not explicitly raised in the
petitions. We do, however, have jurisdiction to review
whether the patents qualify as CBM patents. We affirm
the Board’s determination that the ’573 and ’440 patents
qualify as CBM patents. Finally, we affirm the Board’s
final decision with respect to claim construction and
link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1159.Opinion.12-11-2015.1.PDFContinue Reading ...
Patent licensing is becoming increasingly challenging and it requires thorough preparation on the licensor’s part to convince a potential licensee that a license is both required and inevitable and to persuade them into serious negotiations. The steps involved will vary based on whether your patents are already being infringed upon or if they protect a new technology that can extend market value or penetration. In this article, the focus is on the research and preparation for the licensing of…
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Authored by Georg C. Reitboeck and Jessica Cohen-Nowak Digest of Openwave Systems, Inc. v. Apple Inc., No. 2015-1108 (Fed. Cir. Dec. 15, 2015) (precedential). On appeal from D. Del. Before Moore, O’Malley, and Chen. Procedural Posture: The district court entered final judgment … Continue reading →Continue Reading ...
The post titled Sheriff’s association blocks release of jail standards in lawsuit suggests that which is copyrighted can be protected as a trade secret:
As they prepare to argue the $10.7 million suit, attorneys for Edwin Burl Mays Jr. have asked the county for “Oregon Jail Standards, Policies and Criteria that were used in inspections of the Deschutes County Adult Jail between 2010 and 2015,” court records show. Mays’ son, Edwin Mays III, died of a methamphetamine overdose in the jail nearly a year ago.
Those standards might shed some light on the best practices the sheriff’s office aspired to at the time of Mays’ death, which is under investigation by the Oregon Department of Justice. His father’s attorneys have argued that Mays asked for medical help; the jail’s video of the night Mays died, released to The Bulletin in March, shows him behaving erratically while deputies mock him.
Though Mays’ attorneys can have the so-called Oregon Jail Standards, they remain sealed because they’re the property of the nonprofit Oregon State Sheriffs’ Association. The association says the standards are proprietary content. The standards, which are voluntary, are distinct from state and federal laws and are used in biannual inspections of county jails.
The standards can be released to Mays’ attorneys under a protective order, U.S. District Judge Ann Aiken determined Nov. 24. A protective order means in this case the standards are sealed and can only be shown to a select group of people directly or indirectly involved in the lawsuit — such as experts and court recorders .
Aiken’s Nov. 24 order also states any “documents, testimony, written responses or other materials” in the case that contain information the sheriffs’ association reasonably believes is confidential can be designated as such.
Although the standards are applied in the inspection of public facilities, the association argues they are a “trade secret” under Oregon law because the association owns them. John Bishop, the association’s executive director and the retired sheriff of Curry County, in an email Wednesday compared the standards to “the formula for Coca Cola or the recipe for KFC.”
One has the text
“Making the standards public would destroy their value,” Bishop wrote.
Online U.S. Copyright Office records show the association registered a copyright for the first edition of the Oregon Jail Standards in 1999; the most recent registry is for the fifth edition of the standards in 2012. A representative of the Portland office of the law firm that handled the most recent registration, Lane Powell PC, could not be reached for comment.
Generally, the public is prohibited from duplicating material that’s under a copyright, according to University of Oregon law Professor Emeritus Dominick Vetri, but that doesn’t necessarily bar the public from knowing what the work contains.
A request to view the standards, submitted Thursday to the Library of Congress, was not responded to. Not all works registered with the Copyright Office are kept at the Library of Congress, and not all are published. If a work is published, the library determines whether it will maintain a copy for public viewing.
From the Duke Law Journal in 1981:
to enforce rights under copyright, copies of the trade secret must be deposited at the
Copyright Office. This requirement amounts to public disclosure of the secret, eliminates trade secret protection, and once again strips protection away from confidential ideas.
**As a footnote, as of 10:48am eastern on Dec. 15, patentlyo seems to be “not responding.”Continue Reading ...
The European Parliament and Luxembourg Presidency today agreed provisionally on EU-wide rules for the protection of trade secrets and confidential information, the Presidency announced. The European Parliament also approved a trademark reform package t…Continue Reading ...
Ten years after the UN World Summit on the Information Society (WSIS) member states and stakeholders are meeting this week for the WSIS+10 High Level Meeting in the UN headquarters in New York to review a decade of developments in internet governance.Continue Reading ...