Posts Tagged: "patent"

The Top 10 Patents of 2022: AI Animation from Textual Inputs, Using 5G Networks to Improve Elderly Health, and Ensuring User Privacy in Virtual Environments

Taking a look back at the previous year of patents granted by the U.S. Patent and Trademark Office (USPTO) always affords an interesting view of the state of technologies being developed around the world. At the end of each calendar year, IPWatchdog puts together a list of the Top 10 most interesting patents granted by the USPTO during the previous 12 months. Many of this year’s choices involve major patent or IP stories from 2022, including our top selection, which claims a technology implicating artificial intelligence creatorship issues. Other patents selected for this year’s list protect advancements representing our society’s increased reliability on virtual environments for gaming and even business activities. We hope you enjoy this Top 10 list, and feel free to leave suggestions for honorable mentions in the comments to this article. Here’s to a happy and innovative 2023!

Key U.S. Supreme Court Developments in 2022 and Outlook for 2023

It’s that time again. As 2022 has come and (almost) gone, it’s time to look back at the exciting grants and surprising denials of certiorari petitions involving patent and trademark matters by the Supreme Court of the United States, and what to look forward to from the Court in 2023. In 2022 the Supreme Court docket was relatively light on intellectual property matters. After numerous denials of some highly anticipated patent and trademark cases, the Court kept us in suspense by granting certiorari in new cases in November 2022.

Iconic Toys and Games of 2022: The IP Rights Covering Virtual Environments, First-Person Shooters and the Marvel Cinematic Universe

As each year dwindles to a close, IPWatchdog puts together a list of Iconic Toys and Games that have become wild commercial successes, thanks in large part to the patents, trademarks and copyrights protecting the commercial sale of those products. This year, we’re taking a more modern approach by looking at games and toys that are currently popular, rather than honoring those treasured gifts from Christmases past. From Roblox to Activision Blizzard to Crazy Aaron’s, this year’s list of iconic toys and games includes some of the most popular entertainment properties for children and adults. Taking a look at the IP rights underpinning many of those properties gives us an interesting perspective on recent developments in both technological improvements as well as new branding for famed superhero characters.

Top Federal Circuit Decisions of 2022 That No One Told You About

[To the tune of Rudolph]: You know Mayo and Markman and Alice and Fintiv; Juno and Axle (American) and Amgen and Teva. But do you recall … the handful of Federal Circuit decisions that got little press but may be important to your practice, at all? Didn’t think so. (Although this may be exaggerated—it depends on how much you read and what you remember from it.) Neither did I, so I searched through the last year of precedential U.S. Court of Appeals for the Federal Circuit opinions to find those that may have important nuggets in them, even though they weren’t high-profile or didn’t involve billions in damages.

SEP Battles in Europe, 2022: Fair, Reasonable and—Unlike the Whisky Wars—Not Over Yet

The past year has proven a difficult one for many. Russia’s invasion of Ukraine and the death of the UK’s longest reigning monarch are among the things for which the year will be remembered. But amid those dark days, one less known event shines like a tiny candle of hope: the end of the Whisky War. For 50 years, Canada and Denmark have been in dispute over the ownership of Hans Island: a battle in which the principal weapons have been strong drink and a sense of humor….. The standard essential patent (SEP) wars may feel like they have been going on for almost as long as the Whisky war. They are not as close to resolution, but 2022 has seen some progress.

Five Patent Highlights from Europe in 2022

The long-awaited introduction of the Unitary Patent and UPC should provide much interest in 2023, with attention likely to focus on the early numbers of applications for unitary effect, as well as the number of European patents opted out and the volume and nature of cases brought before the Court. At the EPO, decisions are expected from the Enlarged Board of Appeal in Case G 2/21, which concerns plausibility and post-published evidence, and Cases G 1/22 and G 2/22, concerning entitlement to priority. Oral proceedings in G 2/21 were held on 24 November. And the UK Supreme Court should hear the DABUS case and deliver its judgment in 2023.

USPTO Guidance Reduces PTAB Discretionary Denials, Signaling Potential Uptick of IPRs in 2023

The appointment of USPTO Director Kathi Vidal in April 2022 and her introduction of interim guidance in June 2022 has spurred changes at the Patent Trial and Appeal Board (PTAB) that may result in an increase in instituted inter partes reviews (IPRs) due to a dramatic decline in discretionary denials. Under the reign of former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu, the number of discretionary denials of IPR petitions had steadily increased over the last five years, in part due to the application of the PTAB’s 2020 precedential decision in Apple Inc. v. Fintiv, Inc.

Bringing Unwilling Licensors to the Table

Some months ago, two courts in Germany granted injunctions against Oppo, one based on a standard essential patent (SEP), and another on a non-SEP related to Wi-Fi. Rather than cave to the demands of Nokia, Oppo has since decided to pull its products out of the German market. Since then, some commentators have claimed that this is another example of so-called “implementers” engaging in hold out. They point to the need for strong injunctive relief in order to force these “unwilling” licensees to the table.

As IP Waiver Extension Deadline Approaches, Advocacy Groups Call on WTO Director-General to Step In

A group of more than 160 charities, non-governmental organizations (NGOs), advocacy organizations, and others sent a letter today under the banner of the People’s Vaccine Alliance to World Trade Organization (WTO) Director-General Dr. Ngozi Okonjo-Iweala imploring the WTO not to accept the proposed delay of a decision to extend waiver of IP rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to therapeutics and diagnostics. The Office of the United States Trade Representative (USTR) on December 6 announced support for delaying the deadline on an extension decision.

Intel Asks Delaware Court to Dismiss $4 Billion VLSI Patent Suit

Intel Corp. has asked the United States District Court for the District of Delaware to throw out a $4.1 billion patent lawsuit from VLSI Technology in a filing unsealed Friday, December 9. Intel claimed that VLSI “has repeatedly failed to disclose its full ownership as required,” and the company’s “opaque ownership structure is an entrenched feature of hedge fund-driven patent litigation.” In its filing, Intel argued that VLSI has failed to comply with U.S. District Judge Colm Connolly’s standing order for the company to identify “every individual and corporation with a direct or indirect interest.”

What Unauthorized Manipulation of Starlink Signals Teaches Us About the Importance of IP

Starlink signals can be manipulated. In fact, they already have been, by unauthorized third parties. The agents are proclaiming their success and letting the world know that there is nothing Starlink can do about it. I’m inclined to agree. A professor at the University of Texas has found a way to use Starlink signals to develop a new global navigation technology that would operate independently of GPS or its European, Russian, and Chinese equivalents (Starlink’s terminals have also been successfully hacked, but that’s a different issue. This article deals with the unauthorized usage and alteration of the Starlink signals).

As Deadline on COVID IP Waiver Extension Looms, LMICs Propose Text, U.S. Supports Delay, and Organizations Speak Out

A number of lower-income countries (LMICs) on Tuesday, December 6, proposed new text to the World Trade Organization (WTO) urging them to adopt it and proceed with an extension of the waiver of IP rights for COVID-19-related technologies under the Agreement on Trade-Related Aspects of IP Rights (TRIPS). The text was sent following the United States’ announcement on the same day that it supports a delay of the deadline to decide whether to extend the waiver to diagnostics and therapeutics pending an International Trade Commission investigation that the Office of the United States Trade Representative (USTR) has ordered.

Federal Circuit Rejects Mandamus Plea Seeking to Dodge Delaware Judge’s Disclosure Orders

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday denied a petition for writ of mandamus asking the Delaware district court to vacate an order to produce certain documents to ensure compliance with Chief Judge Connolly’s standing orders on initial disclosures in patent litigation cases. Nimitz Technologies LLC petitioned the CAFC asking it to vacate a November 10, 2022, order by the Delaware court demanding Nimitz produce documents including communications between Nimitz owner, Mark Hall, his counsel, and patent assertion entity IP Edge and the related entity, Mavexar. Following a failure to timely comply with the standing orders, Nimitz had initially told the court that Hall was the sole owner and LLC member of Nimitz and asserted in a statement that Nimitz “has not entered into any arrangement with a Third-Party Funder, as defined in the Court’s Standing Order Regarding Third-Party Litigation Funding Arrangements.”

Patent Owner Scores Partial Win Against Google at CAFC

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision partially reversing and partially affirming a Patent Trial and Appeal Board (PTAB) decision that had found Google failed to prove certain claims of Hammond Development International’s U.S. Patent No. 10,270,816 unpatentable. Hammond’s patent covers “a communication system that allows a communication device to remotely execute one or more applications.”

Senate Judiciary Set to Consider Pride in Patent Ownership Bill Amid Opposition

As the Senate Judiciary Committee gears up for an Executive Business Meeting Thursday where members will in part consider S.2774, the Pride in Patent Ownership Act, co-sponsored by Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), a number of patent advocacy organizations have sent a joint letter to the committee asking it to oppose the bill. The Pride in Patent Ownership Act (PPOA) is seemingly intended to ensure that the public has access to information about the true owner of a patent. But critics of the bill have noted that it focuses on ownership of patents, and does not seek to provide true transparency by identifying those funding and benefiting from Patent Trial and Appeal Board (PTAB) challenges, for instance. Senators Chris Coons (D-DE) and Mazie Hirono (D-HI) last year questioned the bill’s approach, which  would entail penalizing patent owners who fail to record accurate ownership information within 90 days after the issuance date.