Posts Tagged: "patent"

Rewriting Patent Law by Judicial Decision – A Conversation with Sherry Knowles

KNOWLES: “We are seeing a strong anti-innovation sentiment in the U.S. not just on the issue of obviousness but also on patent eligibility. We’re seeing a rewriting of patent law through judicial decisions which have draconian effect on the industry that judges have not given full consideration of the larger impact of. And I might go even further to say that judges are not sufficiently trained or authorized to overhaul the patent system through the judiciary. The judiciary is taking over the job of Congress. I think that’s what we are seeing.”

Samsung Patents Focus on Nanotech and Augmented Reality

As of this writing, Samsung has entered some turbulent waters in the ocean of smartphone technologies, and the company may shake-up the administration of its mobile business because of an unforeseen drop in profits. Samsung is trying to protect its mobile business in the United States through the court system as it’s recently petitioned the U.S. International Trade Commission to…

Software Patent History III: The Federal Circuit Decides Arrhythmia Research & Alappat

Given that the Supreme Court almost never overrules its own prior decisions, then Justice Rehnquist tried to explain in Diehr that both Gottschalk v. Benson and Parker v. Flook remained good law, despite the fact that the holding in Diehr clearly set patent eligibility for software on a new path different and distinct from the path chosen by the Court in Benson and Flook… In historical terms, the next factual inquiry that presented itself was whether a computer implemented method that transformed data into a readable waveform that could be quickly interpreted was patent eligible. Ultimately, it was wrestling with this scenario that led to the end of the Freeman-Walter-Abele test.

JPMorgan Chase Software Patent Portfolio Grows Larger

What really caught our attention were the patent claims JPMorgan Chase recently obtained. Many of the claims cover computer implemented processes, while many are clearly drawn to software innovations even if they don’t specifically define computer implemented processes in the preamble of the claims. It would seem that like Bank of America, JPMorgan Chase is not suffering through Alice rejections that so many others experience.

Nebraska to Pay $725K Because of AG Meddling in Patent Case

The United States District Court for the District of Nebraska ordered outgoing Nebraska Attorney General Jon Bruning to pay $325,000 for attorneys fees and costs to ActiveLight, Inc. and to pay another $400,000 in attorneys fees and costs to MPHJ Technology Investments, who had intervened in the matter. Bruning had demanded that the attorneys for ActiveLight and MPHJ stop engaging in patent enforcement activities in the State of Nebraska, a gross overreach of his authority as a State Attorney General and done with little or no investigation that would suggest any violation of State law.

Bank of America Patents: From Customer Loyalty to Cybersecurity and Social Networking

In this edition, we found a number of patent applications filed with the U.S. Patent and Trademark Office to protect technologies for customer loyalty rewards programs, including one innovative system for encouraging account holders to achieve long-term goals… Social networking platforms were at the core of a couple of patents recently issued to Bank of America, including one invention meant to help uncover potential social networking opportunities based on financial transactions. A couple of cybersecurity technologies, including one for isolating an infected client device to stop of the spread of a virus within a network, are also featured. We were also intrigued to share a patent protecting a method of presenting vehicle information of interest to someone who may want to buy a vehicle by capturing a video feed of that vehicle.

Toward a More Favorable Patent System: European Patent Reform

Sherry Knowles: “If a company identifies a weak patent now, it might file an inter partes review or post grant review at the U.S. Patent Office. Ten years ago I don’t think any of us would have imagined that the best jurisdiction in the world to invalidate a patent would be the United States.”

Freeman-Walter-Abele: A Tortured History of Software Eligibility

The influence of the thinking behind Freeman-Walter-Abele can also be seen in the Supreme Court’s decision in Alice. Thanks to Alice the focus is now on whether the claims cover an abstract idea or concept, and in order to make the determination we are not supposed to look at the language of the claims, but rather to look through the claims. This causes the apparatus claims to rise and fall with the method claims despite the fact that machines are clearly patent eligible according to the terms of the statute. Further, as the law associated with software developed the industry, with good reason, thought that it would be enough to say that the process steps had to be carried out on a machine (i.e., a computer). That clearly isn’t enough after Alice. While the Supreme Court hasn’t adopted the Freeman-Walter-Abele test, and the current articulation of the test is couched as whether the claims cover only an abstract idea, it does seem that if patent claims could be written to satisfy the moving target of the FWA test then the patent claims should work to satisfy the Alice test that adopts the Mayo framework.

The Evolution of Prosthetic Devices: A Patent History

The oldest known prosthetic device existing in our world is also one of the smallest. Scientists have dated a wooden prosthetic toe found in mummified remains in Cairo to somewhere around the year 950 BECAUSE… Advances in bionics and massive investment through the U.S. Department of Defense’s Defense Advanced Research Projects Agency (DARPA) has brought about an intriguing new wave in prosthetic technology within the past decade. In May of this year, the DEKA Arm system developed by DARPA and Dean Kamen, inventor of the Segway, was awarded approval by the U.S. Food and Drug Administration. This prosthetic system utilizes a series of electrodes capable of reading muscle movement so that a wearer feels as though the appendage is being naturally operated by the brain.

The History of Software Patents in the United States

Software patents have a long history in the United States. Computer implemented processes, or software, has been patented in the United States since 1968… Originally in Benson, the Supreme Court decided that software was not patentable, but then later retracted the blanket prohibition against patenting software in Diehr. The Federal Circuit then spent the better part of two decades trying to figure out under what circumstances software (or computer related processes) should be patented. This seemed to culminate in the 1998 ruling of the Federal Circuit in State Street Bank & Trust Co. v. Signature Financial Group, Inc. Unfortunately, the waters were once again made murky as a result of the 2008 ruling by the Federal Circuit in In re Bilski. Some questions were answered when the Supreme Court issued its ruling in Bikski v. Kappos in 2010, notably saying that business methods are patent eligible, but the Supreme Court did not definitively say that software is patent eligible. Then in June 2014, the Supreme Court issued a decision in Alice Corporation v. CLS Bank, which has for the time being slammed the door shut for many, if not most, software patents.

How Thanksgiving Leftovers Lead to the Invention of LASIK

Sitting at the dinner table with his family on Thanksgiving in 1981, Srinivasan looked at his turkey dinner and a brilliant thought occurred to him: a leftover bone with cartilage would provide the perfect test subject. The cartilage and other tissues attached to the turkey bone could approximate the physical structure of human tissue, and the smoothness and rigidity of the cartilage would make it easier to read the results of the experiment. On November 27, 1981, the team operated an argon fluoride (ArF) excimer laser to create a clean etching on the turkey’s cartilage that could be viewed when placed under an optical microscope. Further tests on the cartilage helped the team understand how many laser pulses were required to make a cut, the amount of energy delivered via the laser beam and the impacts of the laser on adjacent tissues.

Collateral Estoppel Applies to Reexam Claim

The Federal Circuit held that the district court correctly applied collateral estoppel to the ’774 patent because reexamined claim 33 contains the same memory limitation previously found in claims 1 and 19, and because the ’774 patent reexamination never addressed that limitation or the presence of RAM. Instead, the reexamination focused exclusively on a limitation in claim 33 that is completely unrelated to the sole memory limitation, which made claim 33 identical to claims 1 and 19, which had already been construed, at least insofar as the presence of RAM was concerned. The Federal Circuit did, however, point out that this ruling should not be construed to stand for the proposition that a reexamination prosecution history could not create a new issue that would preclude the application of collateral estoppel.

iPod, iPhone and iPad – A Brief History of Apple iProducts

Early on in his career with Apple, Steve Jobs conceived the idea of a personal computing device that a person could keep with them and use to connect wirelessly to other computer services. Almost 25 years later, Apple and Jobs would upend the world of personal computing by launching the iPhone smartphone, and a few years later a tablet computer counterpart, the iPad. According to the most recent sales figures available from Apple corporate analysis website AAPLinvestors.net, the iPhone has achieved lifetime sales of 590.5 million units; Apple has also sold 237.2 million iPads in just over three years since the release of that product. The iPhone has retained mass appeal despite the presence of the iPad and Apple has even reverted to soft launches for new iPad products, evidence of the incredible hold that the iPhone still maintains over Apple’s core consumer base. In the near future, both the iPhone and iPad may exhibit bendable or rollable displays using plastic OLED screen technologies developed by LG Electronics, one of the suppliers of electronic components for the iPhone and iPad.

Nonprecedential Federal Circuit Decision Generates a Dissent

I would have to think that this decision, which required the Federal Circuit to construe claim terms, would have to be presidential in at least some ways, unless the outcome in this case will not have any implication for the claims themselves or the patent. I guess I just don’t understand the concept of a nonprecedential claim construction. I cannot fathom a nonprecedential order in a real property boundary dispute. The whole point of suing over real property is to get a decision that is binding. Patents are property and it strikes me that the definition of the metes and bounds of what is covered in the claim really has to be presidential. If it isn’t presidential what is the point? This type of disposition is what leads to patent claims being construed to mean one thing in one case and another thing in another case. It is frustrating.

The Sony Playstation, A Story of Video Game Dominance

The current struggle for video gaming supremacy is being fought among the eighth generation of consoles, featuring the PlayStation 4, the Xbox One and the Nintendo Wii U. The seventh generation finished up much more evenly than the sixth generation, which was dominated by the PS2; the seventh-generation Wii sold about 100 million units, while the Xbox 360 and PS3 each sold around 80 million units. The PS4 shares many of the computing features available through the Xbox One, including a 500GB hard drive, wireless Internet connectivity, 4K video support, gigabit Ethernet and more. Some issues with faulty HDMI ports were experienced by users during the initial rollout, but the extension of online services through the use of the PlayStation App and the availability of other third-party services like Netflix has turned the video game console from a toy into a computing device for lifestyle enjoyment. With some rumor that Sony is interested in developing virtual reality headsets for use with the PS4, it’s clear to see that there’s still plenty of research and development that continues to be pursued in the area of gaming and home entertainment consoles.