Posts Tagged: "Guest Contributor"

Nothing has fundamentally changed about the nature of design patents. The first US design patent was granted in 1842. The Statue of Liberty, Coke bottle, Volkswagen Beatle, Stealth Bomber and Star Wars’ Yoda are all protected by design patents. Design patents have long played an important role in consumer electronics, automotive, apparel, jewelry, packaging and other industries. But industrial design is becoming increasingly important, Mr. Kappos explains, because the increasing functionality of man-made devices brings with it increasing complexity, so innovative companies are constantly seeking superior designs, a convergence of form and function that helps make the complex simple and sets their companies apart; and protecting such designs is critical.

The National Press Photographers Association (NPPA) recently announced that it is joining the other cast of characters who have filed a class action complaint against Google, claiming (as the other plaintiffs have) that Google’s “Google Book Search” program violates the copyrights of several photographers and visual artists. The other plaintiffs include individuals Leif Skoogfors, Al Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback and Gail Kuenstler Living Trust, Leland Bobbe, John Francis Ficara and David Moser, and associations The American Society of Media Photographers, the Graphic Artists Guild, the Picture Archive Council of America, the North American Nature Photography Association, the Professional Photographers of America, and American Photographic Artists.

Capone, an Illinois corporation, did not have authorization to use the Tommy Gun trademarks on alcoholic beverages that carry a reproduction of the Tommy Gun marks. Additionally, Saeilo claims that Capone’s infringement not only violates federal trademark law, but also Illinois state law and common law.

This month, the USPTO has published many Apple patent applications that are specifically for improvements to the technology developer’s mobile devices. These include a more secure system of connecting an iPhone to a computer and two new applications, one for easily creating social groups among acquaintances and another for students who wish to enroll in online courses. Apple also wants to protect a system of pre-processing images to create and store thumbnails that are accessed by image applications.

Today, we’ll take a close look at some of the more intriguing, recent Qualcomm patent applications recently published by the USPTO, many of which show the technology developer focusing on improving mobile network connections. Patent applications released within the last month describe systems of improving mobile device Internet connectivity to peripheral devices, like printers, or while indoors for pedestrian traffic analysis. More efficient means of social network messaging is the subject of another application. A fourth application included here is filed to protect a gesture-based system of interacting with computer projectors. One patent received recently by Qualcomm, and covered below, protects a system of geographically locating computers and other devices connected to the Internet through an IP address, which doesn’t typically contain any geographical data.

Hybrid electric vehicles pose a number of potential environmental and economic benefits that make it an important sector within green technology. Hybrids store an electrical charge in a battery that either reduces the amount of power required from an internal combustion engine or, in the case of all-electric vehicles, powers the entire car. This technology is in many ways still in its early developmental stages, but already some car manufacturers are selling hybrid models that reach 100 miles per gallon of gasoline, according to the U.S. Department of Energy. This reduces the amount of gasoline needed from imports and reduces fossil fuel emissions to almost nil.

“Reverse payment” cases are an outgrowth of a key feature I noted in my first article on the basics of Paragraph IV Certifications: the filing of an Abbreviated New Drug Application (ANDA) by the generic drug maker with a Paragraph IV Certification is treated as a technical act of patent infringement.[2] After receiving notice of the Paragraph IV Certification, the patent owner/NDA holder has 45 days to bring suit, otherwise the FDA can move forward on approving the ANDA.[3] Conversely, if the patent owner/NDA holder does bring an infringement suit within the prescribed 45 day period, the FDA cannot approve that ANDA for 30 months, unless the patent(s) that are the subject of the Paragraph IV Certification are earlier deemed invalid or not infringed in that suit.[4]

Many recent patents and patent applications have been released within the month by the U.S. Patent & Trademark Office that either improve on recycling methods or make better use of recycled material. A fully-recyclable cardboard bicycle that can bear heavy loads is the subject of one application. Halliburton Energy Services has also filed two applications for recycling asphalt and ceramic materials while drilling wells. Another application from fabric developer Tintoria Piana looks to reclaim cotton from old mattresses. Even diesel soot may see more reuse through recycling, thanks to an application assigned to Dearborn Financial. We’ve also found one very interesting patent awarded to a solo inventor from Missouri that can allow for the reuse of rubber from tires through heated vapor distillation.

Solar energy is one of the alternative energy forms that many believe can be an effective part of the new alternative energy that replaces our current carbon-based fossil fuel situation. However, solar radiation can be inconsistent based on time of day or weather, and large surface areas must be used to collect enough solar energy to generate a meaningful amount of electricity. In most of these applications, we can see solar cell panel technology being applied to individual devices and machines, collecting enough energy to charge a battery or at least reduce energy used from other sources. These patent applications describe cars, digital cameras, irrigation systems and even digital cameras with solar energy collection technology.

Normally when we discuss the impact of the Bayh-Dole Act, allowing universities and small companies to commercialize inventions made with federal support, we focus on the life sciences where the resulting new drugs and therapies dramatically improved lives for millions around the world. However, the celebration of Earth Day is an appropriate time to consider the contributions our publicly funded research organizations– partnering with an entrepreneurial private sector– make in protecting our environment.

Patent applications published recently by the U.S. Patent & Trademark Office show Samsung’s goals of developing stronger systems of software protection and user interfaces for gesture-based gaming systems. Another patent application assigned to Samsung Electronics could protect an important advance in cancer treatments. One of the recent patents awarded to Samsung from the USPTO protects a more efficient system of location tracking designed for parents.

Our analysis of the full set of cases across the chosen years confirms what we saw in the smaller sample: patent infringement litigation by patent monetization entities has risen dramatically over a remarkably short period of time. One of the most striking results is the following: in 2012, litigation by patent monetization entities now represents a majority of the patent litigation filed in the United States. Specifically, patent monetization entities filed 58% of the patent lawsuits in 2012. This is a sharp rise from 2007, when patent monetization entities filed only 24% of patent infringement litigations.

Of note, recently the U.S. Patent & Trademark Office published multiple patent applications filed by Research In Motion that pertain to smarter, more efficient forms of electronic communication for both cell phones and computers. Another patent application offers some promise for slowing the progress of cyber-bullying on social networks. Yet another patent application takes uses a touchscreen to store fingerprint information to determine ownership for images captured by the device. Still another application of potential interest is one that seeks protection for a system making it easier for mobile content providers to sell digital content, particularly periodicals.

Frito-Lay brought a lawsuit against Medallion Foods for allegedly trademark infringement, trade dress infringement, unfair competition, and dilution under United States Trademark Act. Frito-Lay also alleged willful patent infringement under the patent laws of the United States.

In its amended complaint Frito-Lay alleged that Medallion Foods’ tortilla chips result from processes, which infringe one or more claims of United States Patent No. 6,610,344 either literally or under the doctrine of equivalents. Additionally, Frito-Lay contends that Medallion Foods is liable for infringing the ‘344 Patent under U.S.C. § 271, as well as the infringement being willful, entitling Frito-Lay to enhanced damages under §284.

Both sides tried to limit the scope of trial through pre-trial motion practice. On October 4, 2012, Frito-Lay filed a motion for summary judgment on Medallion Foods’ sale or public use affirmative defenses and counterclaims. Frito-Lay “contends that it is entitled to summary judgment because Defendants [Medallion Foods] failed to produce clear and convincing evidence that the chip sold by Frito-Lay in a test market had fluted edges, and all testing of a bowl-shaped chip with fluted edges occurred under confidentiality agreements.” The Court went through a thorough analysis and granted in part, and denied in part the motion.

Recent patent applications filed by Oracle, and released by the USPTO, highlight the technology developer’s planned upgrades to current software systems, including dead memory retrieval by garbage collection applications and automated event grouping for timeline user interfaces. Another application describes a more exact system of mileage tracking for business expense reports. A recent patent also promises to give end users a better ability to tailor their search queries to provide better search results.