http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Fri, 24 May 2013 17:07:46 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2013/05/24/the-commission-on-the-theft-of-american-intellectual-property-a-national-security-plan-to-prevent-stolen-ip/id=40767/ http://www.ipwatchdog.com/2013/05/24/the-commission-on-the-theft-of-american-intellectual-property-a-national-security-plan-to-prevent-stolen-ip/id=40767/#comments Fri, 24 May 2013 12:00:10 +0000 Lisa Kilday http://www.ipwatchdog.com/?p=40767 Related posts:

1. New Patent Bill Destroys American JobsU.S. Reps. Don Manzullo (R-IL) and Mike Michaud (D-ME) today said the latest patent reform bill introduced in the House and Senate this afternoon would actually weaken intellectual property protections for American manufacturers and put hundreds of thousands more Americans on the unemployment lines. Manzullo and Michaud led a bipartisan coalition of 64 Members of [...]...
2. White House Shares Plan to Mitigate Trade Secret TheftNot long after it was reported that a Chinese military unit might be responsible for a number of cyber attacks that have taken place on US infrastructure and businesses, the Obama Administration unveiled its strategy to put an end to the theft of US trade secrets by foreign governments and foreign competitors....
3. Who Will Be the Next Secretary of Commerce?Those who live inside the beltway know that rumors swirl left and right, and it is sometimes extremely difficult to cut through the rumor-mill, which sometimes seems more like a "wishful thinking mill" than a true rumor-mill. Notwithstanding, there is one name that I have heard from multiple sources as likely to become the next Secretary of Commerce — Ambassador Ron Kirk....

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1. The Cheesesteak Apostrophe: Restaurant Sues USPTO to Trademark “Philadelphia’s Cheesesteak”A well-known sandwich and a little punctuation mark are at the heart of a lawsuit between a Philadelphia restaurant and the United States Patent and Trademark Office. Campo’s Deli in Philadelphia, is suing the director of the Patent and Trademark Office, David Kappos, in response the USPTO’s rejection of their application, which sought to trademark the name “Philadelphia’s Cheesesteak.” The problem? There are already registrations for nearly identical marks --- just without the apostrophe. ...
2. Request for Comments: PTO Trademark Litigation Tactics StudyThe stories of abusive cease and desist orders are legendary. In fact such letters are indeed typically referred to as being "a dime-a-dozen." Trademark owners and their representatives have long been believed to grossly overstate the rights a trademark conveys when they send letters to unsuspecting and often legally unsophisticated individuals who are immediately petrified and will do nearly anything to resolve the matter. These individuals and small businesses are frequently coerced to give up legal rights they have without justification, which alters their business plans without justifiable reason. ...
3. Machine Gun Maker Sues Alphonse Capone Over TrademarksCapone, 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....

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1. Apple Protects Fiber Optic Cable Connection that Self-CleansElectronic device developer and manufacturer Apple Inc. has recorded another big week with the U.S. Patent & Trademark Office. On Tuesday, the California corporation was issued 36 patents, and the USPTO published another 32 patent applications on Thursday. Many of these prospective patents focus on better responses to user interactions, including new methods of music library visualizations and smarter microphone response to ambient sound. One of the patents issued to Apple protects a fiber optic cable connection that is self-cleaning. ...
2. Microsoft Patents Identifying Different Users on TouchscreenAs always, many patent applications show Microsoft’s focus on improving their software for business applications. Different Microsoft patent applications this week provide for systems of sharing meeting notes within office software, mapping identities to keep important business documents secure as well as using serious games to identify talent within an organization. Other USPTO documents of note show that the computer developer is also trying to reach beyond this market. Another patent application would protect a system of creating digital memorabilia for events. Also, one patent awarded to Microsoft protects a system of identifying different users on a touchscreen....
3. Samsung Awarded System of Location Tracking Designed for ParentsPatent 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....

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1. Jeffrey I.D. Lewis Installed as AIPLA President for 2012-2013 Term“I am honored to have been elected President of an outstanding organization that plays a pivotal role in the global IP landscape,” Mr. Lewis said. “The coming year promises to be one of continuing change as the evolving global economy and ongoing advances in technology raise new challenges for the IP industry. I am excited to have the opportunity to work with AIPLA and its membership to address these issues and help to ensure that our intellectual property system remains strong and serves the best interests of its participants.”...
2. “Substantial Budgetary Uncertainty” for the USPTOLate this afternoon Teresa Rea, the Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office, sent an e-mail to all those who work for the USPTO. The e-mail was simply titled: "A Message from Teresa Stanek Rea." The message was simple, the USPTO is facing "substantial budgetary uncertainty," which is due to sequestration. In addition to the aforementioned e-mail from Acting Director Rea, another e-mail was recently sent to union members from Robert Budens, President of POPA, the examiner's union. Budens hypothesizes that there is an unofficial "gag order" placed...
3. AIPLA Expresses Deep Concern Over USPTO Funding in CRH.R. 1473, the Full-Year Continuing Appropriations Act, 2011, is the legislation reflecting the compromise on the Continuing Resolution to fund the government for fiscal 2011. The letters point out that the provisions of the bill related to the USPTO appropriate $100 million less than the projected user fee revenues to be collected, essentially diverting that money to other government programs....

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1. RIM Seeks Patent to Address Cyber-Bullying on Social NetworksOf 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....
2. Qualcomm Patents: Diverse Computer, Mobile Device InnovationToday, 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,...
3. Apple Seeks Patent for Parental Controls on Pre-Paid Debit CardsApple Inc. is always applying for protections on different device designs and computer systems. As happens every once in a while, three of these 18 published patents are part of a single series; these patents pertain to linking user accounts for mobile app software to obtain upgrades. Other patent applications seek protections on applications that provide parental oversight of a child’s pre-paid debit account or aid zoom functions on picture viewing applications. ...

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1. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...
2. Federal Circuit Nightmare in CLS Bank v. Alice Corp.The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute." Thus, the asserted claims are not patent eligible....
3. What Happened to Judge Lourie in CLS Bank v. Alice Corp?The first thing that any student of the Federal Circuit likely notices when reading CLS Bank is that Judge Lourie not only joined the dominant concurrence, but he also wrote the opinion. The same Judge Lourie who wrote the first opinion in Mayo, after which the Supreme Court asked the Federal Circuit to reconsider, and who then wrote the second opinion in Mayo. The same Judge Lourie who wrote the first opinion in Myriad, after which the Supreme Court asked the Federal Circuit to reconsider, and who then wrote the second opinion in Myriad[12]. All of those opinions interpret §101...

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1. Economics of Access to Medicines: The Challenges of Pharmaceutical Patents, Innovation and Access for Global HealthWhile it is easy to point to patents and blame the industry and international trade agreements for barriers to access to medicines in developing nations, the reality of the situation is more nuanced and not nearly so straightforward.  In the debate over barriers to access, the focus must be broadened to include other important factors such as poverty, taxes and tariffs, corruption and pharmaceutical counterfeiting.  Each of these elements inhibits access to medicines, through financial challenges, higher prices, shortages, and spurious products.  For the most vulnerable populations it is essential to address all of the key barriers to access, and...
2. World Intellectual Property Indicators 2012: Design Patent HighlightsThe World Intellectual Property Organization (WIPO) publishes a yearly report of the worldwide intellectual property filings. World Intellectual Property Indicators 2012 estimates draw from approximately 133 Patent offices, and include direct national and regional applications and those received through the Hague system of international registration. ...
3. John McCain on Technology & IPJohn McCain has a broad and cohesive vision for the future of American innovation. His policies will provide broad pools of capital, low taxes and incentives for research in America, a commitment to a skilled and educated workforce, and a dedication to opening markets around the globe. He’s committed to streamlining burdensome regulations and effectively [...]...

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1. New PTO Initiative Gives More Opportunities to Amend After FinalAll and all this seems like a positive development. If you do provide a claim set that defines the invention from broad to narrow it seems extremely likely that at least some claims could be obtained in a case given that amendments can now be filed if they place the application in condition for allowance by adding one or more new limitations that require only a limited amount of further consideration or search. Assuming that the Patent Examiners do search the disclosure, like they are supposed to, and not just the initial claim set, allowable matter should be present and...
2. USPTO Extends After Final Pilot; USPTO Adds Advancement of Examination Option to Law School Clinic ProgramIf you have not tried to use the After Final Pilot you should really give it a try. At our firm we have found examiners quite willing to work with us After Final under the Pilot Program and have had successful results. While not appropriate to do everything you really may want to do After Final, many times you can make at least some substantive changes that would have normally required the filing of an RCE or Continuation. I personally think the Pilot has already proven to be a success and hope that the USPTO will continue to extend the...
3. USPTO Introduces Quick Path IDS Submission Pilot ProgramIn the QPIDS pilot, IDS submissions will be considered by the examiner before determining whether prosecution should be reopened. Prosecution will only be reopened where the examiner determines that reopening prosecution is necessary to address an item of information in the IDS. When the items of information in the IDS do not require prosecution to be reopened, the application will return to issue, thereby eliminating the delays and costs associated with RCE practice....

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1. Pharma Law and Business – A Monthly Roundup December 2012Litigation always factors into the pharmaceutical world, but the US Supreme Court commanded a special place in recent days. The high court figured in no fewer than four contentious issues that, not surprisingly, play a vital role in how drug makers can and will operate. Let’s start with a case that is not yet before the court, but many predict will be headed there thanks to one of its earlier rulings. Earlier this month, a three-judge panel of the US Court of Appeals for the Second Circuit overturned the conviction of a former sales representative, who argued that prosecuting him...
2. Pharma Law and Business: A Month Roundup for February 2013The FDA decided not to pursue a re-hearing before a federal appeals court that recently ruled the federal government could not prosecute a sales rep who promoted off-label uses of a medicine because his speech was not false and misleading. Meanwhile, Congress delayed Medicare price restraints on a group of medications that will benefit Amgen while costing taxpayers up to $500 million over two years. Still further, after a federal court judge decided that the Bristol-Myers patent on the Baraclude hepatitis B treatment was invalid, some analysts are saying the ruling may prompt greater scrutiny of so-called composition of matter...
3. Pharma Law and Business Roundup for March 2013In response to the scandal over a fungal meningitis outbreak, the FDA has begun a crackdown on compounding pharmacies and targeting about 30 ‘high risk’ operations in nearly a dozen states. San Francisco officials approved a referendum that will allow residents to decide whether to require city officials to hold talks with drug makers about pricing for ‘essential medicines.’ A federal appeals court upheld the conviction of a former biotech chief executive, who argued that federal prosecutors violated his First Amendment and commercial speech rights. The Federal Trade Commission filed a brief siding with generic drug makers in dispute with...

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1. Samsung Awarded System of Location Tracking Designed for ParentsPatent 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....
2. Apple Patent to Replace the “Back” Button with “Page Snapback”This past week was another very prolific one for Apple, as the California-based electronic device developer received 35 patents and had another 36 applications published by the U.S. Patent & Trademark Office. Many patent applications were concerned with the ways computer users interact with their systems, and we see a number of upgrades to graphical user interfaces coming for device address books and online stores. Of the patents issued to Apple, one protects a webpage retrieval method that can help browsers save a lot of time while searching for information on the Internet....
3. Apple Awarded Processing Simulcast Data PatentYet again, it was another busy week for Apple Inc. at the U.S. Patent & Trademark Office, as the California-based electronics developer received 48 patents and another 20 published applications for prospective patents. A number of these applications describe upgrades to supporting components on Apple devices, including a new configuration for a device vibrator and a better system of illuminating keyboard keys. One of the more intriguing Apple patents awarded this week protects a system of displaying metadata to users extracted from radio broadcasts....

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1. Planting Progeny Seeds Without Consent is Patent InfringementIn its amicus brief, CLI responds by arguing that the term “makes,” as used in Section 271(a), has its plain and ordinary meaning, which embraces the concepts of “bringing about” or “causing.” CLI contends that Bowman, through his acts of planting and cultivating, brought about and caused the formation of a next-generation of herbicide-resistant soybeans. Alternatively, CLI argues that, even if the concept of a “making” only literally reaches the acts of the herbicide-resistant soybean plants Bowman cultivated, Bowman would still be liable for those acts under principles of agency-instrumentality law. Based on his acts of planting and cultivating, CLI...
2. Sowing the seeds of wrath: Doctrine of Patent Exhaustion Could Not Save Farmer from Liability for Infringing Monsanto’s Patents on Genetically Modified SeedsSome had hoped that the Court would use Bowman as an opportunity to address the extent of a patent owner’s monopoly over other self-replicating technologies in the areas of biotechnology and information technology, such as human cell lines or computer programs. Certainly, the Court hinted at the possibility of situations where the patented article’s self-replication is truly outside the purchaser’s control, or where the self-replication is an essential step in using the patented article for another authorized purpose. The Court, however, cautiously declined to extend its holding in Bowman to those situations. The decision in Monsanto is intended to be...
3. Argument Summary: Supreme Court Hears Bowman v. MonsantoWhile one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule in favor of Monsanto. Seconds after Bowman's attorney started Chief Justice Roberts interrupted asking why anyone would ever patent anything if Bowman were to prevail. Shortly thereafter Justice Breyer openly concluded that Bowman infringed in a matter of fact way. It later may have seemed Breyer was probing for a response he didn't get more so than announcing his view of the case. Nevertheless, if Bowman loses Breyer he has no chance....

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1. Planting Progeny Seeds Without Consent is Patent InfringementIn its amicus brief, CLI responds by arguing that the term “makes,” as used in Section 271(a), has its plain and ordinary meaning, which embraces the concepts of “bringing about” or “causing.” CLI contends that Bowman, through his acts of planting and cultivating, brought about and caused the formation of a next-generation of herbicide-resistant soybeans. Alternatively, CLI argues that, even if the concept of a “making” only literally reaches the acts of the herbicide-resistant soybean plants Bowman cultivated, Bowman would still be liable for those acts under principles of agency-instrumentality law. Based on his acts of planting and cultivating, CLI...
2. Argument Summary: Supreme Court Hears Bowman v. MonsantoWhile one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule in favor of Monsanto. Seconds after Bowman's attorney started Chief Justice Roberts interrupted asking why anyone would ever patent anything if Bowman were to prevail. Shortly thereafter Justice Breyer openly concluded that Bowman infringed in a matter of fact way. It later may have seemed Breyer was probing for a response he didn't get more so than announcing his view of the case. Nevertheless, if Bowman loses Breyer he has no chance....
3. Bowman v. Monsanto: Striking at the Roots of InnovationBowman v Monsanto involves a farmer who figured out how to get Monsanto’s patented seeds cheaper from a grain elevator than from the company. I won’t attempt to delve into the intricacies of the litigation or the doctrine of patent exhaustion, but do want to consider a larger point. What happens if our innovators lose confidence in the patent system? Some apparently believe this is a desirable outcome...

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1. Stan Lee Media Sues Disney Over Marvel CharactersIn a battle for the superheroes, an federal complaint alleging copyright infringement was filed on October 9, 2012 in the United States Federal District Court for the District of Colorado by a company called Stan Lee Media. The company was started by Stan Lee with his friend Peter Paul, who is now serving time in prison for fraudulent activities regarding this company. Lee wisely pulled out of the company over a decade ago when it failed. According to the complaint, Lee signed over the rights to his famed superheroes to the company Stan Lee Media. Of course, it is more...
2. Photographers in Copyright Infringement Suit Against GoogleThe 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...
3. Google Settles Copyright Dispute with Belgian NewspaperThis case started back in 2006, when the newspaper publishers took Google to court, stating that the popular search engine was infringing on their copyright. They had been trying to get Google to compensate them for using their online content, claiming that as more and more readers turned to the Internet to get their news, less and less readers were utilizing their printed versions. Under the new agreement, Google will team up with the Rossel Group, a major media group in Brussels that owns some of the top newspapers such as Le Soir and L'Echo; and the IPM Group which...

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1. Patent Attorney Asks Examiner “Are you drunk?”Are you drunk? No, seriously... are you drinking scotch and whiskey with a side of crack cocaine while you "examine" patent applications? (Heavy emphasis on the quotes.) Do you just mail merge rejection letters from your home? Is that what taxpayers are getting in exchange for your services? Have you even read the patent application? I'm curious. Because you either haven't read the patent application or are... (I don't want to say the "R" word) "Special."...
2. PatentCore Joins Forces with LexisNexis® on Patent Advisor™Reed Technology and Information Services Inc., a part of the LexisNexis® family and a provider of content management services, announced earlier today that it has joined forces with PatentCore. You may recall that PatentCore is a publisher of online Patent Office analytics, which for the first time has given the patent bar and public a snapshot look at what goes on inside the Patent Office Art Unit by Art Unit and patent examiner by patent examiner....
3. A Patent Bigfoot? The Mythical First Action Allowances DO Exist!Top 50 Law Firms with the most first action allowances according to PatentCore data. But where are these first action allowances coming from? All over the Patent Office really. They occur with plants (1661), organic compounds (1621, 1625, 1626), batteries (1725), active solid state devices (2818), electrical generators or motors (2834), optical systems and elements (2873), optics measuring and testing (2877), vehicle fenders (3612), data processing (3661), aeronautics and astronautics (3662), internal combustion engines (3748), valves (3751, 3753) and elsewhere throughout the USPTO....

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1. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...
2. Is IBM’s Watson Still Patent Eligible?Watson? It is an artificially intelligent computer system that is capable of answering questions presented in natural language. It is, in essence, the modern day equivalent to the all knowing Star Trek computer. It is flat out ridiculous to be asking whether the Star Trek omnipotent computer could be patent eligible, that that is where we find ourselves because what makes the computer unique is the software that makes it possible for Watson to perform 80 trillion operations per second. But Federal Circuit Judges say that mere fact that software is fast doesn't make it patent eligible unless there is...
3. What Happened to Judge Lourie in CLS Bank v. Alice Corp?The first thing that any student of the Federal Circuit likely notices when reading CLS Bank is that Judge Lourie not only joined the dominant concurrence, but he also wrote the opinion. The same Judge Lourie who wrote the first opinion in Mayo, after which the Supreme Court asked the Federal Circuit to reconsider, and who then wrote the second opinion in Mayo. The same Judge Lourie who wrote the first opinion in Myriad, after which the Supreme Court asked the Federal Circuit to reconsider, and who then wrote the second opinion in Myriad[12]. All of those opinions interpret §101...

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