Posts Tagged: "patent"

Fear of the Troll has Many Crying Foul

The above-enumerated problems of the current patent system are real and barriers to further innovation and job creation. But the solutions do not require a comprehensive definition of a troll to fix the patent system. Lady Justice is blindfolded for a purpose. Justice in the US should be meted out objectively regardless of identity. So too in the instant situation. It is not the identity of the actor that needs to be evaluated, but the character of the action. We need to assure that frivolous, predatory actions are penalized and prevent the abusive tactics used by many that harm our innovative culture.

University Research Leads to Biofuel Breakthrough

Exciting new innovations being patented and licensed by American universities may provide some effective answers to issues that have been vexing biofuel developers for years. Wilkerson described the breakthrough in Science, explaining that poplars can be specifically designed for deconstruction. “Poplars are dense, easy to store, and the flourish on marginal lands not suitable for food crops, making them a non-competing and sustainable source of biofuel,” said Wilkerson. According to Jennifer Gottwald, a licensing manager with the Wisconsin Alumni Research Foundation (WARF), the basic technology applied here to poplar trees could used in a variety of other plant life, even grasses.

Earth Day 2014: A Salute to Recycling Innovations

Today is Earth Day 2014, and with that in mind we will be taking some time today and throughout the week to take some time to look at the progress of sustainable, environmentally friendly technologies… We’ve searched the recently published patent applications and issued patents coming out of the U.S. Patent and Trademark Office to find the most unique innovations in the realm of recycling technologies. We’ve found an assortment regarding novel systems for improving retrieval of recyclable material, as well as new systems of recycling existing waste products… We also found some recently issued patents related to recycling technologies including a couple of original systems for recyclable collection, including one method of shredding mixed waste to remove glass, metal and other recyclables, as well as new methods of recycling disposable materials, such as artificial bait.

The Evolution of Hip Replacements: A Patent History

Hip surgeries have been taking place for at least three hundreds years, and have progressed from rudimentary surgeries to the sophisticated total hip replacement (i.e., total hip arthroplasty or THA) surgeries that are so commonplace today. Nearly two weeks ago, on Tuesday, April 8, 2014, Gene had a total right hip replacement, which went very well. With this in mind we thought it would be interesting to take a look at the evolution of hip replacement technology through the lens of issued U.S. patents.

Intel Patents: A Diverse Story of Software Innovation

We start our profile of Intel’s recently developed technologies with a look at our featured patent application, which discusses a novel system for managing access to a vehicle among multiple drivers. This access management system would also be able to delegate responsibilities, such as gas refueling and scheduled maintenance, as well as enable emergency access to trusted parties. Other patent applications which we noticed today discussed enhanced security measures for private data as well as home media systems for accessing segmented television content. The Intel Corporation is a major recipient of patents issued by the USPTO, and in recent weeks it has secured many interesting additions to its patent portfolio. A couple of patents relate to improved systems of thermal management in mobile electronic devices. Our interest was also piqued by one patent protecting a system of monitoring care patients residing in independent living situations.

For Whom the Bell Tolls: The US Patent System

An infringer can drag you through endless PTO rounds of attack, if necessary (taking into account the current stats, 1 round is likely enough!), and now the Judge will be equipped to create a series of high hurdles followed by summary execution. You think Tech Transfer has trouble with a Valley of Death attracting capital and enthusiasm now; just take their patents out and shoot them… that ought to help. Start-ups will have absolutely no basis in value except for a popularity contest. Whatever the IP is or was, is worthless, and can never be sold for any value because it can never be enforced. Take that ….tech transfer.

USPTO to Host Forum to Solicit Feedback on Guidance for Determining Subject Matter Eligibility of Claims Involving Laws of Nature, Natural Phenomena, and Natural Products

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will host a public forum on May 9, 2014 at the USPTO headquarters in Alexandria, Virginia, to solicit feedback from organizations and individuals on its recent guidance memorandum for determining subject matter eligibility of claims reciting or involving laws of nature, natural phenomena, and natural products (Laws of Nature/Natural Products Guidance). The Laws of Nature/Natural Products Guidance implemented a new procedure to address changes in the law relating to subject matter eligibility in view of recent Supreme Court precedent.

Do Patents Truly Promote Innovation?

Invention, it has been shown, is driven primarily not by genius or happenstance but rather by markets and the expectation of the profit that can be gained by securing the patent rights to new technologies. Zorina Khan of Bowdoin College and the late Kenneth Sokoloff at UCLA found that among the “great inventors” of the 19th century, “their patterns of patenting were procyclical [and] responded to expected profit opportunities.” And as Khan noted elsewhere, “Ordinary people [are] stimulated by higher perceived returns or demand-side incentives to make long-term commitments to inventive activity.” By contrast, in countries without patent rights, Barro (1995) found that people have an “excessive incentive to copy” and insufficient incentive to invent for themselves. Moser (2004), meanwhile, reported that “inventors in countries without patent laws focus on a small set of industries … while innovation in countries with patent laws [is] much more diversified.”

Happy Birthday to the Patent System, A Dream of Our Forefathers

As Eric Schmidt, CEO of Google, spoke about on 60 Minutes, true innovation does not come from the large corporations. Instead, it is some “graduate student” or “crazy person” that makes change, such as the obscure Wright Brothers warping the airplane wings to control flight. Without a patent system, innovators and inventors from all walks of life will be unable to safeguard their intellectual property and profit, violating a central tenet of the patent system. Penalizing the poor students and the visionaries by hindering their chance to protect their technological advances in patent litigation is not justifiable and is not right. Legislation making fundamental changes to the law to thwart innovators (and their backers) getting their say in court is highly suspect and perhaps unconstitutional. Further, in a time when Americans have lost countless manufacturing jobs and have retooled, it does not make sense to weaken something at which Americans are good: innovating and inventing.

The “Useful Arts” in the Modern Era: For SCOTUS on CLS Bank

Many, many, many patents have issued to cover the physical elements and intuitive steps to make this familiar sequence possible and increasingly reliable and refined. Mechanical elements, i.e., rotating shafts with a gears on each end, have been replaced by a toothed wheel and magnetic sensor and a wire, but the information about where the engine is in its cycle of rotation is the same… To illustrate to the lay person that just because software is the ”tool” being used to “do” things, we are still ”doing” the same things in the same ways for the same reasons. To wit: That, in the modern era, the execution of the ”useful arts” is done using software does not change what is done or the fact that it is a ”useful art”; and, the patentability thereof should be unaffected simply because we ”do” it differently now as compared with how we ”did” it then.

AT&T Patents Personalized Information Services System

The featured application is a continuation of a patent application that matured into a patent for AT&T in December 2013, some 9 years after it was first filed. The file history shows that after being unable to convince the patent examiner after several final rejections AT&T appealed to the Board, which in May 2013, reversed the examiners rejections. Obviously, given that AT&T has fought so long and all the way to the Board they must believe this innovation to be of some importance. Indeed, this AT&T innovation offers a very practical service that can be applied to a variety of emergency situations. This technology involves a time-sensitive encoded artifact that is affixed to a person or object which can be scanned to communication important information in response to an emergency event.

Are Software Patents Stifling Innovation?

What if (Almost) Everything You Thought You Knew About America’s “Broken” Patent System Was Wrong? What follows is the fourth and final installment in the “Myths of the Patent Wars” series. The necessary legislative effort to curb bad actors in the patent industry has been “hijacked” by a small handful of very powerful global technology companies intent on forcing broader…

USPTO Renews Patents for Humanity Program

The U.S. Commerce Department’s United States Patent & Trademark Office (USPTO) recently announced that Patents for Humanity is being renewed as an annual program. Started as a one-year pilot in 2012, the program recognizes businesses, inventors, non-profits, and universities who leverage their intellectual property portfolio to tackle global humanitarian challenges. The renewal was first announced on February 20 as part of the Obama administration’s ongoing commitment to strengthen the U.S. patent system.

The ITC and Excessive Patent Damages Myths

Professor Paul Janicke of the University of Houston Law School conducted a study of all damage verdicts in patent infringement cases between 2005 and 2007. He found no pattern of “runaway jury awards.” In fact, many of the biggest damage awards of that time, including the $1.5 billion award Lucent won from Microsoft, were set aside or greatly reduced by the judges. Even Apple’s $1 billion 2012 patent verdict against Samsung was recently slashed 43 percent. Why, then, are claims of a “broken” patent system rife with “excessive damage” awards so widely believed?

Book Review: The Intangible Investor

Prosperity in the United States is now almost completely tied to innovation, and a prerequisite to successful innovation is access to capital. The central theme of Bruce Berman’s new book of timely essays, The Intangible Investor, focuses on the issues surrounding our innovation economy: capital, valuation and leveraging IP for business advantage. While are there are many sophisticated investors and business executives, the domain of intellectual property and intangible assets is very different from the bricks and mortar world that they inhabit. Unlike real estate, intangible assets are not scarce, can be infinitely replicated and wholly divided. That makes monetizing those patents that have value a formidable challenge.