Pandora’s CFO, Mike Herring, came on CNBC’s "Squawk Alley" show earlier this morning with anchors Carl Quintanilla and Kayla Tausche to defend their business.Continue Reading ...
The CAFC did not affirm ED Va in the Virginia Innovations case, giving appellant
Innovations a victor.
Plaintiff and appellant Virginia Information Sciences,
Inc. (VIS) appeals from stipulated final judgments of noninfringement
and invalidity entered in favor of Samsung
Electronics, Co., Ltd., Samsung Electronics America, Inc.,
and Samsung Telecommunications America LLC (collectively,
Samsung) by the United States District Court for
the Eastern District of Virginia in two consolidated patent
infringement actions. Because (1) the intrinsic evidence
before us does not support the district court’s construction
of a claim term central to the parties’ dispute, (2) the
specification of the patents-in-suit suggests that the term
has an established understanding in the art, and (3) the
parties have not sufficiently developed the record with
regard to that established understanding, we vacate and
remand for further proceedings.
Result: ED Va decision–VACATED AND REMANDED
court adopted Samsung’s reasoning, narrowing its construction
of “display format” to exclude signals in formats
that required further deconstruction or reassembly at the
external monitor in order to be displayed by the monitor.
VIS SJ II, 2014 WL 1685932 at *10.
This was error. Nothing in the specification mentions—muchContinue Reading ...
less prohibits—the “deconstruction” or
“reassembly” of video signals at the external display, key
components of the district court’s ultimate construction of
the term “display format.” Nor do the parties identify
anything in the prosecution history suggesting that the
meaning of “display format” is tied to the absence of any
“deconstruction,” “decoding,” “reassembly,” or other
processing of the converted video signal by the external
monitor. Indeed, these terms appear to have been introduced
by VIS when analogizing a pre-assembled nursery
crib to compressed video signals in its summary judgment
briefs. J.A. 2813, 4919–20.
NDTVIndia says it will continue providing affordable AIDS medicineBusiness StandardThe UN and other organisations estimate that more than 80% of the medicines, known as anti-retroviral therapy (ART), in Africa come from India. TRIPS flexibilities, whic…Continue Reading ...
American Well sues Teladoc over alleged patent infringement
In a statement regarding the lawsuit, obtained by the Boston Business Journal, Teladoc CEO Jason Gorevic says his company believes the patents are invalid, adding that the action by American Well is in response to Teladoc’s petition with the U.S …
American Well Accuses Teladoc of Patent Infringement in LawsuitiHealthBeat
Can telehealth be protected by a patent?mHealthNews
Somewhat unlike the posture of federal courts in the patent area, the NJ Supreme Court declined to get involved in pensions.”That the State must get its financial house in order is plain,” Justice Jaynee LaVecchia wrote in the majority opinion. “The ne…Continue Reading ...
A perfect patent storm is brewing for Europe. The creation of the unitary patent system – with one patent covering an economically advanced territory of around 600 million people and a single court system, with the potentially wide availabi…Continue Reading ...
Patent Box Tax Break: Good Intentions Gone Bad
The new tax break is called a patent box. (The “box” referred to here is the box checked on tax forms in Europe where this idea originated.) The general idea is that income from technology pays tax at a substantially lower rate than other income. So if …
Design Patent Case Digest: Apple v. Samsung Electronics Co.
The National Law Review
Opinion: Apple sued Samsung in April 2011 for trade dress dilution and patent infringement. Apple’s asserted trade dresses and patents cover various features of Apple’s iPhone. After the district court reached a final judgment in favor of Apple …
In January we posted a report titled "Apple’s iPhone 6 Smashed Smartphone Sales Record on Samsung’s Home Turf." The reported noted that Apple had captured a record 33 percent market share in South Korea in November, the highest ever for a foreign brand. To rub that wound with a little salt …Continue Reading ...
Apple obtained re-issue RE45,559 with first claim:.[.1. A portable computer comprising: movement detection means responsive to movement of the computer to produce an electrical output signal representative of such movement, a storage medium for storin…Continue Reading ...
Brian McNicoll at Human Events gets facts wrong on patent reform when he writes:
It would be if Congress passed the PATENT Act, legislation from House Judiciary Committee Chairman Bob Goodlatte, R-Va., that seeks to limit patent trolling and bring some order and predictability to the patent enforcement process.
The PATENT Act, originating in the Senate, is not legislation “from” Congressman Goodlatte, who pushed the Innovation Act, which is significantly different from the PATENT Act, including as to the presumption of “loser pays” and alterations to “inter partes review.” [IPR]
McNicoll does bring up a story involving IPRs:
Securus has filed 12 lawsuits against 19 competitors in the last decade, most of which have resulted in settlements by companies that considered it cheaper to pay up than litigate. But one, Global Tel*Link Corporation, has decided to fight back.
The firm has begun to file petitions against Securus’ patents with the Patent Trial and Appeals Board. It claims Securus’ patents “mimic available consumer products, like Apple’s FaceTime, and a ‘range of other technology’ that was well known long before Securus’ patent applications were filed.”
McNicoll does not bring up the IPRs of Butamax against Gevo, or those of Kyle Bass against drug companies.Continue Reading ...
In February 2015, Robin Feldman and Mark Lemley put out a piece on SSRN titled Does Patent Licensing Mean Innovation? [Stanford Law and Economics Olin Working Paper No. 473 ] The article suggested licensing did not transfer technology, and IPBiz criticized the naive academic view put forth therein.
In a June 9 post titled
Is there a conservative view on patent reform?, Robin Feldman does not answer the question, and further states:
Imagine a candy maker who invents a new dye for candy and a doctor who later discovers that the formula is useful for treating injuries. With proper patent drafting, the candy maker will have the right to exclude everyone from using the dye in any way, and the doctor will have the right to exclude everyone from using the dye to treat injuries. These are classic overlapping patents, and neither the candy maker nor the doctor can use the dye to treat injuries without the permission of the other. The point is simply that for many reasons, patents are quite different from what one might assume, and they are a long way from real property.
Many people consider the classic patent blocking case to be the diode and the triode. Because the triode (an improvement over the diode) was in fact a diode, the first-in-time diode patentee could not use the triode (a better technology for many things) without the triode owner’s permission. The triode patentee needed the diode owner’s permission to practice. There was a standoff. Of course, the diode owner was free to use the technology of diodes themselves.
In Feldman’s example, the candy maker presumably obtained a composition of matter patent, blocking the doctor. The doctor would need the candy owner’s permission to practice his patent, or to license it. The candy owner would need the doctor’s permission to practice the claims of the doctor’s patent, but would be in a good position for bargaining, because the doctor was completely blocked.
**Separately, Feldman strongly disagrees with the idea that intellectual property should be considered real property:
From a Constitutional perspective, the respect for real property evidenced in Constitutional language and history is worlds apart from what is reflected in the Constitution’s intellectual property clause. The intellectual property clause gives Congress the power to grant rights for limited times in pursuit of a specific goal. This creation of a narrow public franchise for limited policy reasons stands in sharp contrast to the Framers’ conception of core private property rights, and the way in which those rights are treated in the Constitution.
In fact, in January there was an important dissent from Justices Thomas and Alito in the Teva case. The case concerned an esoteric area of patent law, but their opinion included historic perspectives that highlight the contrast between patents and property.
The Anglo-American legal tradition has long distinguished between “core” private rights—including the traditional property rights represented by deeds—and other types of rights. These other rights [include] “privileges” or “franchises” which public authorities have created purely for reasons of public policy and which ha[ve] no counterpart in the Lockean state of nature. Notwithstanding a movement to recognize a core property right in inventions, the English common law placed patents squarely in the final category as franchises. . . (citations omitted). [from the dissent]
As the text of the dissent explained further, our own Framers adopted a similar scheme. In other words, from a constitutional perspective, patent rights simply are not analogous to property rights.
One suspects that Congressman Rohrabacher would be able to articulate the conservative position on intellectual property.Continue Reading ...
Federal Circuit Finds Nunc Pro Tunc Agreement Does Not Confer Standing
The National Law Review
The tenuous nature of an exclusive licensee’s standing to enforce a patent was something I learned early in my legal career, when I was a judicial clerk at the Federal Circuit. In Alps South LLC v. Ohio Willow Wood Co., the Federal Circuit issued …
CNBC had David Garrity, Principal of GVA Research on the air today to talk about Apple Music.Continue Reading ...
The JIPLP readers and writers LinkedIn Discussion Group is a facility that assists JIPLP in finding authors, identifying subjects and exchanging information both with its contributors and its readers — whether they are subscribers in their own right o…Continue Reading ...
Human EventsIs there a conservative view on patent reform?
The Hill (blog)
As Congress contemplates patent reform, there has been much talk about what the conservative position should be. Unlike right-to-life or tort reform, patent law is not usually a headline topic for conservatives. Nevertheless, I do believe there are …
What The U.S. Can Learn From The EU’s Patent MistakesForbes
Congress Should Address Patent TrollsHuman Events
Letter: PATENT Act puts trolls in their placeSalt Lake Tribune
JD Supra (press release) -Legal News Line -Broadcasting & Cable
all 13 news articles »
IPWatchdog.comFord patent licensing announcement may signal end of NIH bias in auto industryIPWatchdog.comFord is not giving these patents away for free but listing them on the online IP marketplace maintained by the AutoHarvest Foundation, a non-profi…Continue Reading ...
IAM (registration) (blog)As the Americans look set to abdicate global patent leadership Europe has an …
IAM (registration) (blog)
A perfect patent storm is brewing for Europe. The creation of the unitary patent system – with one patent covering an economically advanced territory of around 600 million people and a single court system, with the potentially wide availability of …
The Future European Patent System: update on the latest newsLexology (registration)
Making sense of the UPC fee proposalsManaging Intellectual Property (subscription) (blog)
In the realm of electric smoking utensils, the first claim of US ‘617 is: An electrically heated aerosol generating system for receiving an aerosol-forming substrate, the system comprising: a liquid storage portion containing an aerosol-forming substra…Continue Reading ...
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