Posts Tagged: "patent"

Many of these patent references reviewed this week show us Siemens involvement with electrical and Internet systems on all levels, from personal to industrial. For example, one patent application would protect a floating sensor capable of detecting foam formation in industrial liquid production, a symptom of process issues. An issued patent, with an extremely narrow Claim 1, protects a system of analyzing industrial facility processes to identify energy cost savings. On an individual level, one patent application describes a system of creating anonymity among mobile device owners using cloud application resources. Siemens is also involved in medical technology upgrades that aid various bodily systems. One patent application filed with the USPTO would protect a system of training the hearing impaired to better understand speech, even when amplification affects the signal. Finally, we feature one last patent application that discusses a system of measuring heart activity non-invasively.

Many of these documents that we look through today deal with mobile wireless technology and media presentations. One patent application describes a system of analyzing a person’s geographical location to create a map detailing wireless coverage in the area. Another patent application provides for a system of developing three dimensional media content for images or video. Also, one patent issued by the USPTO protects a system of enhancing phone calls between business acquaintances by providing local news and weather information. A few other patent applications covered here relate to law enforcement and security. One application would make it easier to track suspects using stolen or prepaid phones by searching for voiceprints. Finally, one last patent application would protect an e-mail system that provides for deletion of sensitive e-mails after a period of time has elapsed.

A few patent applications filed with the U.S. Patent & Trademark Office show IBM’s interests in improving online shopping experiences. One application provides a chronological timeline view for user review interfaces in an online store. Another application creates a virtual cart system that multiple users can interact with collaboratively, whether shopping online or at the store. Other documents we feature here pertain more generally to computer systems, especially those with business applications. One recent issued patent protects a system of prioritizing e-mail to prevent against automated deletion of important data. A patent application filed by IBM would protect a system of analyzing a business’s computer systems and making suggestions for cloud computing resources. Finally, we look at a patent application that provides a system for recycling solid state devices discarded by users.

Design patents are essential in protecting the ornamental design of consumer products and their components; the intense litigation of the Apple v. Samsung lawsuits stressed the importance of design protection. The significance of design patents to the Apple v. Samsung lawsuit appears to have affected other companies’ patent strategies as well. The fifty companies on the IP Record’s list of the top 50 U.S. design patent grantees for 2012 were collectively granted greater than 150 more patents than the top 50 companies of 2011. Samsung, the top design patent recipient in both 2011 and 2012, alone accounts for almost a third of this growth—it was granted 378 design patents in 2012, exactly 50 more than in 2011. Apple, the #7 patent owner in 2011, rose one spot in 2012 and acquired 25 more patents than its total in its previous year.

Our inter partes challenge data from pre- and post-passage of the AIA clearly show that of the relatively few initial denials made by the USPTO of an inter partes challenge request, most fell on entities that typically file as small entities. We found 88% of denied petitions for inter partes review were filed by small entities, while only 12% of those denials related to petitions filed by large entities (Fig. 6). That is, small entities are 7 times more likely to have their petitions for inter partes review denied than large entities.

The issue of interest in this case centered around whether there was a pre-AIA 102(b) on-sale bar. You might expect such issues not to be worthy of a Federal Circuit precedential opinion, but there was an issue with respect to whether there really was a contract in place before the critical date, but also an issue about whether the on-sale bar could apply when the offer for sale was from a Hamilton Beach supplier to Hamilton Beach themselves. The short answer is that the Federal Circuit, over a dissent by Judge Reyna, determined that there was a triggering offer for sale and it is of no concern whether the offer for sale was initiated by a supplier who was making the units at the request of the patent owner.

Innovation has not been occurring at Qualcomm simply for the sake of innovation. Since 2010, Qualcomm’s quarterly sales have increased each year by 31 percent. On the Standard & Poor’s 500 Index, Qualcomm is the third-fastest growing large technology company in America as of 2013. Other Qualcomm operations involve the medical industry, for which they’re developing a wireless monitoring system for children with asthma, and video gaming, as many in the industry believe Qualcomm and Amazon are working together to build a console.

A troubling fundamental aspect of the proposed mandatory stay is that it would chip away at the quid pro quo of the patent bargain. To ensure the Constitutionally-protected exclusive right, patent rights have long been recognized as covering multiple and independent separate causes of action: “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.” 35 U.S.C. § 271(a) (emphasis added). Strict liability attaches to each one of these forms of infringement independently of the others. These are separate violations, any one of which being subject to injunctive relief “to prevent the violation of any right secured by patent.” 35 U.S.C. § 283.

Today, we check in with General Electric to see what technological systems it’s trying to protect through the U.S. Patent & Trademark Office. Many of the published USPTO documents we feature here discuss improvements to energy systems. These include two patent applications, one that would protect smart energy storage for in-home water heaters and another that would protect a system of monitoring damage to power cables. An issued patent discusses GE’s development of a self-healing electrical power grid. We also take a look at two other patent applications that showcase General Electric’s activities in other areas of consumer and industrial innovation. One application is filed to protect a detachable dishwasher door that makes it easier for technicians to provide maintenance. One final application we include discusses a system of trapping gaseous carbon dioxide exhaust from power plants in a solid state.

Newly implemented policies, compulsory licensing practices, and recent court decisions have heightened concern about IPR in India. Congressmen Erik Paulsen and John Larson expressed their worries with India’s intellectual property violations in a letter written to President Obama. Over 170 members of Congress, consisting of a bi-partisan support, signed the letter. During their speeches at the GIPC, the Congressmen emphasized that this bi-partisan support demonstrates the grave concern of IPR in India and the importance of persuading India to comply with global practices. The Congressmen sent the letter just prior to a visit to India by Secretary of State, John Kerry.

Ironically, color design patents are still published in black and white. The front page of a design patent will inform you, however, that the USPTO has a color image on file. By downloading the originally filed images on the USPTO’s Public PAIR data base, you can see what the color design patent actually covers. The originally filed color images can then be downloaded from the “supplemental content” tab of the PAIR record for each patent. The use of color design patents is growing fast, particularly for computer generated images. Similarities in color schemes can outweigh differences in shapes if an accused image is more similar in color pallet to a patented design than it is to other available designs. It’s a little more effort to file color images, but the increased strength of coverage can be well worth it.

Many of the recently published documents from the U.S. Patent & Trademark Office, including both patent applications and issued patents, relate to software system improvements that Apple has developed. One patent application for a voice assistant that can analyze contextual data is specifically for mobile device applications. Two other applications are for more general computer systems: one which protects a system of suggesting search result rankings for online shopping based on a person’s social network contacts; another would protect a cleaner user interface for browser windows with multiple open web pages. Apple is also interested in improving the hardware systems involved in their devices. One patent issued by the USPTO protects a removable hard drive for small form factor desktop computers that helps reduce the overall weight of the entire computer. A final patent application we feature today describes a system of accurately calibrating a mobile device’s magnetometer in response to interference from other electromagnetic fields.

How we deal with the problems uncovered herein is something for deliberate consideration, not the activity of an automaton. For example, this paper demonstrates that patents asserted by inventors and inventor based companies generally do not fare as well as patents of other entities. However, in the United States none of us would want to stop all such entities from trying to market and license their ideas. Most of us would agree that the independent inventor has been the heart of innovation in the United States for a very long time. We have too many memories of the stories of the Wright Brothers, Chester Carlton of Xerox fame, of Eli Whitney and the cotton gin, of Edison, and of Farnsworth — the farmer boy who invented the television.