Posts in Technology & Innovation

Considered by many as the most comprehensive revision to the United States patent system in over 50 years, the America Invents Act (“AIA”) represents progressive legislative reform intended to align U.S. patent policy with global precepts, i.e., systems which reward the “first-to-file” a patent application. Many AIA provisions modify or completely change the former first-to-invent (“pre-AIA”) U.S. patent system, with the most immediate and conspicuous AIA component?the establishment of a filing-based regime as of March 16, 2013?serving as the hallmark and mark of U.S. patent reform.

Nonetheless, having only enjoyed 3-months of the AIA in its entirety, it is still too early to appreciate the de facto impact of this nascent legislation. The AIA has nevertheless ushered in transitional strictures that have uniquely placed research institutions in an ostensible patent?policy “reformation” with respect to technology evaluation and knowledge translation. While the pervasive nature of this new patent regime imparts an array of university-based concerns, the following Top 5 considerations are intended to reengage university professionals and employees with patent reform concepts and concerns during the initial “aftermath” of the AIA.

As a multinational corporation, Siemens AG is a frequent applicant at the U.S. Patent & Trademark Office. This week’s Companies We Follow series takes a look at Siemens’ recent applications and patent awards in the fields of consumer and medical electronics. One application we feature involves a safer system of extinguishing fires within a machine dryer. Another application describes a home heat pump that would conserve thermal energy from appliance wastewater. Siemens’ medical subsidiary, Siemens Medical Solutions, has also been awarded a USPTO patent to protect a system of fixing misalignments in angiograms.

Other documents we look at feature improvements to electrical systems. Another application improves smart metering systems that have resulted in improper appliance functioning for dishwashers and washing machines. Lastly, we look at a Siemens patent that improves systems of protecting wind turbine components from lightning strikes.

In TiVo v. Echostar, Echostar lost on infringement of TiVo’s patented DVR functionality. Judge Folsom issued an injunction and ordered that Echostar stop offering the service and disable all storage to and playback from the hard disk. Unfortunately for Echostar, they did not appeal the wording of the injunction and took no action against the disablement provision. Instead they designed around it by downloading new code to get the set-top box to operate in a different way, in what appeared to be a pretty clean design-around. TiVo filed a contempt motion. Echostar was sanctioned on the grounds that there were not “colorable differences” and their design-around infringed. The dissent argued that not only were there colorable differences but moreover the differences established non-infringement. After two years of back-and-forth and one too many trips to Judge Folsom, the original 70 million that Echostar had to pay for the initial infringement rose to 300 million because of Echostar doing what they thought would get them out of infringing.

One application assigned to IBM would protect a system of allocating software resources to a user’s network account once their presence is detected at a facility. An patent awarded by the USPTO protects an IBM invention involving a visual-based help tool for button icons within software applications. IBM is also involved in developing a number of systems to aid computer users on a personal basis. One application describes a system of ordering computer icons on a user interface based on contextual factors, like the time of the week. Two related applications would protect a system of analyzing web applications for possible malicious data, protecting millions of computer browsers. Lastly, we also look at a newly devised system of filtering online shopping reviews based on the characteristics of an individual shopper.

Obama’s action plan was heavily influenced by a report, “Patent Assertion and U.S. Innovation,” which was released by the President’s Council of Economic Advisers, the National Economic Council, and the Office of Science & Technology Policy. The full text of the report can be read here. It is surprising that a report that was prepared by such an august and high-level set of entities could be so blatantly biased and one-sided. The body of the report slams PAEs and points to everything that’s bad about them. It creates an artificial distinction by referring to “good” patent middlemen as “patent intermediaries,” although there is no indication in the report of what are the characteristics of a good “patent intermediary” versus an evil PAE.

Interest in design patents is increasing, in part, because they can be obtained relatively inexpensively and quickly. Dennis Crouch recently reported that from 2010-2012 the majority of design patents issue within 12-months of their filing date (see “Design Patents Are Still Relatively Quick” by Dennis Crouch, Patently-O, January 21, 2012,. In addition, most design patents issue without amendment and with little or no file wrapper estoppel, potentially leading to a “cleaner” patent with potentially fewer issues to be raised in litigation that could negatively affect the scope of the patent. The number of design patent filings has increased approximately 20% since 2009 (Robert Olszewski, “State of the Technology Center,” USPTO Design Day 2013), and, with this increase it is reasonable to expect an increase in design patent enforcement

Alexsam, Inc. v. IDT Corporation is a non-remarkable patent infringement decision with a remarkable dissent. What is noteworthy about the case is not the majority opinion, but the dissent by Judge Haldane Robert Mayer. Mayer’s dissent discusses why the patent is invalid under 35 U.S.C. § 101, which is curious because the 101 issue was not raised by the defendants during the appeal nor even mentioned during oral arguments. While Mayer’s dissent is not a binding opinion, if another judge on the panel signed on to Mayer’s reasoning then the patent would have been held invalid based on an issue not raised during the appeal.

As a constant developer of new technologies, Microsoft is seen often as an assignee on a great many U.S. Patent & Trademark Office patents and applications every week. This week on Companies We Follow, IPWatchdog is taking a look at this corporation’s more intriguing patents as of late, including many of those that will affect consumer media use.

A few of the patent applications profiled here detail specific improvements to consumer entertainment, especially where movies are concerned. One application would protect a system of rendering video elements as separate from browser elements for easier user customization. Another application describes a more intuitive system of digital recording for live events. A third application in this area improves movie recommendation systems by taking contextual factors into account.

Marketing and advertising interests for businesses are also showcased in a few official documents. One patent we’re including here protects a method of creating an individual consumer profile based on web events, like visiting a webpage. Microsoft has also filed a patent application for a system of monetizing video recommendation portals for business advertising.

Keurig makes and licenses brewers and beverage cartridges (pods) that are known as “K-Cups.” JBR makes beverage cartridges that are known as “OneCups,” which are made to be used with the Keurig brewers. Back in January 2013, the Court held a Markman hearing, which is a pretrial evidentiary hearing that’s typically held whenever someone alleges patent infringement, and a memorandum and order interpreting certain pertinent terms used in two of the patents at issue was issued in March 2013. The current case deals with JBR’s motions for summary judgment with respect to the issue of infringement of the entire design patent (referred to as the ‘362 patent) and certain specific claims associated with two of the brewer patents (the ‘138 and the ‘488 patents).

From an end-user’s perspective, it shouldn’t matter whether the normalization is done in hardware, in software or in a combination of hardware and software. And from the perspective of an interface designer, one would expect to be able to protect an invention that takes raw data from human input and causes a computer to scroll “intuitively” irrespective of whether implemented in hardware, software or a combination thereof. But therein lies our current §101 case law predicament.

This week, we’re featuring a number of interesting new patents and published applications from the U.S. Patent & Trademark Office that have been assigned to Apple. A few of the applications we’ve chosen to profile include more efficient systems of detecting user inputs. One application describes a system allowing devices to enter a low-power mode based on user gaze detection, conserving battery power. Another application would protect a system for better facial recognition during photo processing of image files.

Other documents assigned to Apple showcase the corporation’s focus on aiding user communication and providing a more user-intuitive device experience. One application featured here was filed to protect a system of analyzing a user’s media preferences for gaming environments, while another improves a user’s ability to share a pinned location on a map with others.

An patent awarded to Apple this week protects a richer system for accessibility software, allowing users to enhance their reading experience rather than rely on continuous audio playback.

The U.S. Patent and Trademark Office is often publishing applications and awarding patents to Boeing for their technological developments for aircraft. This week on IPWatchdog’s Companies We Follow series, we take a look at some of Boeing’s most intriguing recent patents and applications. Two patent applications would protect safer on-board plane mechanisms for jam-proof mechanical wing assemblies and leak-proof cryogenic fuel tanks.

Other applications showcase Boeing’s focus on passenger safety. One application released recently describes Boeing’s development of an air filtering system that is responsive to the presence of airborne contagions. Another application describes a sensor system that can provide accurate readings of runway conditions, scanning for potholes or other surface degradation.

One patent awarded to Boeing, and featured here, protects a scanning system, likely for military purposes, which can provide more accurate detection of an object of interest within a geographic area.

On May 16th, AOP announced that Iraqi war veteran, Jason Maples was the winner of its first ever AOP Vets Program. Jason was one of more than 20 other Veterans who participated in the six week program consisting of intensive education and training in patent research, web-based career learning sessions and competitive research projects. Not only did he win a $2,500 cash reward for his success in the study he partook in but also was awarded $5,000 for his overall performance. I had the pleasure of sitting down to talk with Jason recently and following is our exchange:

The company’s robust research and development is often the subject of patents and patent applications published by the U.S. Patent & Trademark Office. This week, we profile some of General Electric’s most intriguing patent applications, especially those that pertain to smarter electrical and fuel systems.

One application describes a system of using devices to communicate fluctuating electricity costs in the case of a smart electrical grid. Another application would protect a system of monitoring travel conditions that affect fuel efficiency on trains. A third application we cover here describes improvements to wet gas compressors to reduce erosion within the compressor.

Energy generation and energy efficient systems are another major focus for GE. An official patent awarded recently to the company protects a new tower base design for wind turbines that are much easier to transport for installation. A final patent application covered here would offer General Electric the right to protect a system of separating carbon byproducts from gas streams within a carbon fuel system.