I wonder what it is about the dawning of Spring that gets people in the mood to clean house.  Is it the smell of the blooming flowers that gets a person to finally throw out that old broken chair that’s been sitting in the corner of the garage forever because it’s missing one leg?  Or maybe it’s a rainy Saturday that gets people’s cleaning juices flowing.

Whatever the motivation is, one thing is for sure–having the proper tools to make one’s cleaning efforts worthwhile is essential.  Perhaps these four patents and one patent application will do the trick. 

1. Cleaning Device and System
United States Patent Application 20120255133

In order to clean, it is imperative that you have an effective cleaning tool that will get the job done, and inventor Johann Zita believes that a bendable cleaning device and system is just the ticket to get rid of all that dust that seems to pile up on top of our kitchen cabinets and bookcases.  Sure, there are all kinds of dusters currently on the market that will do a decent job of getting the dust off of those fragile pieces of crystal that you’ve been keeping on display on a shelf in the living room.  But what about the top of the refrigerator (which everyone seems to forget about) or the top of the curio that everyone walks by and barely touches?  Those items require something a bit stiffer and more adjustable than your typical feather duster.  That’s where Zita’s cleaning device and system comes in.  The invention is a duster that comes with a handle and a bendable duster portion that will make reaching those hard-to-reach spots more manageable.  The user can shape the duster portion of the unit to whatever angle they so desire, and when the cleaning is done, the duster can be put back into its original position with ease.  So say bye-bye to those dust bunnies that have been living on top of your refrigerator!

The latest round of what seems to be a never-ending trademark battle between the United States Polo Association (USPA) and PRL USA Holdings, Inc. (referred to here as Ralph Lauren) has ended with Ralph Lauren emerging victorious over the polo association.  Judges Reena Raggi, Peter Hall and Christopher Droney, all with the 2nd US Circuit Court of Appeals, recently issued an unsigned opinion finding that the USPA could, in fact, be banned from using a double horseman logo on its fragrances or cosmetics on the basis that the logo was too similar to trademarks currently owned by Ralph Lauren and such use constituted unfair competition.

On Friday March 1, 2013 Judge Lucy Koh handed down her decision regarding various motions that were filed on behalf of Apple Inc. (“Apple”) and Samsung Electronics Co. (“Samsung”) over the past few months post-trial. Specifically, Apple requested additur, supplemental damages, and prejudgment interest, while Samsung moved for a new trial on damages or remittitur.  Judge Koh determined that the “Court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the jury.” The total amount stricken from the jury’s award was $450,514,650 –pending a new trial on damages. The jury awards stands for the remaining 14 products for a total of $598,908,892 in favor of Apple.

1. Additur

Post-trial, Apple requested the Court to increase its damages award for five products because the jury gave an award less than what was calculated by Samsung’s damages expert. However, the Court pointed out that “Apple provide[d] no authority for the argument that the Court should not consider the jury’s specific findings.” Moreover, the Court stated that by doing so would be to violate the longstanding rule that the Seventh Amendment prohibits a judicial increase in a damages award made by a jury. See Dimick v. Scheidt, 293 U.S. 474, 486-87 (1935).  Although Apple contends that this rule does not apply in this current case because there is no dispute about the proper amount of damages, the Court quickly and swiftly disagreed. In fact, the Court points out that “[t]he amount of damages is heavily disputed here, as evidenced by extensive testimony provided by both parties concerning the proper amount of compensation.” Additionally, the jury was not bound by either side’s damages testimony and therefore free to evaluate the testimony of both sides’ experts in arriving at its award. The Court denied Apple’s motion for an increase in the jury’s damages.

First make sure you’re right, then go ahead. ~ Davy Crockett

(Adapted from my talk to the Association of University Technology Managers Annual Meeting in San Antonio, Texas.  The meeting coincided with the anniversary of the siege of the Alamo which fell on March 6, 1836.)

The ancient Chinese saying: “May you live in interesting times” was meant as a curse. Well folks, we live in interesting times. We need to recognize it, roll up our sleeves, and get to work. If my parent’s generation could survive the Depression, fight and win World War II, and come home to build the most prosperous nation in history, surely we can meet our tests.

If you’re paying attention at all, you must have noticed that there are forces out there who just don’t like what you do.  Some say you’re too focused on making money, some say you’re not focused enough (we really should introduce these folks to each other), some don’t believe it’s moral for universities to work with industry, and many have built very successful careers launching attack after attack on Bayh-Dole and the very patent system itself.

And they are not going away.

The Patent Office should be estopped from raising a § 112 (a) rejection after raising a § 102 or § 103 rejection in an earlier office action.  35 U.S.C. § 112 (a) states:

The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention

Logically, if the application does not describe an invention in terms that allows one skilled in the art to make and use it, then the Patent Office should not have sufficient information to suggest that the application is not novel or obvious.  In order to determine something is not novel or obvious you first have to know what it is.  I have no objection to the Patent Office putting a 35 U.S.C. § 112 (a) and novelty/obviousness rejection in the same Office Action, where the PTO explains that to the best of their understanding of the invention it would not be novel or obvious for the following reasons.

With only 11 patent applications published last week by the U.S. Patent & Trademark Office, this marks a meager week for Apple Inc. Of the patent applications published by the USPTO, three are interrelated applications for managing access to rights-protected digital media. Other patent applications pertain to improvements to internal computer systems, including temperature control and serial bus connectivity.

 

Managing Access to Digital Content Items 

U.S. Patent Application No. 20130060615

U.S. Patent Application No. 20130060616

U.S. Patent Application No. 20130060661

Digital rights management, or DRM, has long been a major concern among computer systems manufacturers. The pervasiveness of digital media content, and the ease with which media files can be shared among computers, has made it difficult to adequately compensate media creators for their digital products. In some cases, computer developers have created DRM software that restricts access to a single user.

Northern Exposure focuses on Canada and Canadian intellectual property laws, cases and procedures. From time to time we will also publish a Canadian perspective on important issues relating to US and Global intellectual property. For more articles please visit Northern Exposure – Canadian IP.

After receiving Royal Assent on June 29, 2012, the provisions of Bill C-11 came into force on November 7, 2012. Titled the Copyright Modernization Act, it has garnered the nickname “Canada’s SOPA” by some media outlets , referring to the highly contentious Stop Online Piracy Act bill introduced in the US House of Representatives that led to both physical and digital protests. Yet despite such bold claims, the Canadian amendment to the copyright act is a largely innocuous  piece of legislation that falls in line with its stated objectives.

Before delving into the major points of the bill and of its critics, it is important to note that an amendment has been a long time coming. The last one was in 1997. To put it into perspective: that was the year IBM’s Deep Blue defeated Garry Kasparov, and a good five years before any viable form of digital music became available for consumers. This means that for the better part of fifteen years, Canadians have been acting beyond the limitations of 20^th century technological terminology. Instead, in the void of proper legislation, the Supreme Court of Canada has set the precedents, with five of the most recent rulings made in July 2012.

Not 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.  More specifically, US Intellectual Property Enforcement Coordinator, Victoria Espinel, who spoke during a recent White House meeting, said that “the Administration will continue to act vigorously to combat the theft of American trade secrets that could be used by foreign companies or foreign governments to gain an unfair commercial advantage over U.S. companies.”

A Five-Step Approach

There were five action items discussed in the strategy document.  The first one suggests that more focus should be placed on diplomatic efforts to protect overseas trade secrets.  The second item calls for private industry to promote voluntary best practices in order to protect trade secrets.  The third action item suggests that domestic law enforcement operations should be enhanced.  The fourth item calls for the improvement of domestic legislation.  And the final action item seeks to provide more public awareness, as well as stakeholder outreach.

The Federal Trade Commission is cracking down on affiliate marketers that allegedly bombarded consumers with hundreds of millions of unwanted spam text messages in an effort to steer them towards deceptive websites falsely promising “free” gift cards.

In eight different complaints filed in courts around the United States, the FTC charged 29 defendants with collectively sending more than 180 million unwanted text messages to consumers, many of whom had to pay for receiving the texts. The messages promised consumers free gifts or prizes, including gift cards worth $1,000 to major retailers such as Best Buy, Walmart and Target. Consumers who clicked on the links in the messages found themselves caught in a confusing and elaborate process that required them to provide sensitive personal information, apply for credit or pay to subscribe to services to get the supposedly “free” cards.

“Today’s announcement says ‘game over’ to the major league scam artists behind millions of spam texts,” said Charles A. Harwood, Acting Director of the FTC’s Bureau of Consumer Protection. “The FTC is committed to rooting out this deception and stopping it. For consumers who find spam texts on their phones, delete them, immediately. The offers are, in a word, garbage.”

The last day of February was a big one for Apple at the U.S. Patent & Trademark Office, as the USPTO published 35 patent applications filed by the electronics manufacturer on Thursday. Apple has been preoccupied with the world of handheld electronic devices for a long time now, and they’re still devising improvements to battery systems and other utility features. This week, we also see some of Apple’s planned improvements to one of the most basic forms of computer software: the spreadsheet program.

Magnetic Stand for Tablet Device
U.S. Patent Application No. 20130050973

The ability to keep an electronic tablet device nearby so that a user can easily interact with it is an attractive feature to device consumers. Many manufacturers have attempted creating tablet device stands in the past, but Apple believes that they’ve fallen short until now. This ambitious stand design aims to help tablet owners position their device to improve their ability to multitask.

This stand, which Apple is hoping to protect, includes a magnetic element that fits within a stand shaped to fit the tablet device. The stand’s exterior provides a friction force to hold the tablet steady, and the magnetic element keeps the device in place with the aid of a metallic shunt that focuses the magnetic force. Descriptions of the invention’s embodiments focus on vehicle mounts, but schematic images attached to the patent document suggest a much wider range of applications.

In 2011, an Advisory Committee (AC) was instructed by the Hong Kong Government to conduct a review of the Hong Kong Patent System. The AC held a consultation period from October to end-December 2011, soliciting input from the patent and general legal profession, academia, political organizations, and trade bodies.

On 7 February 2013, the AC issued its formal Report (209 pages long) recommending various changes to the system which will affect not only Patentees, but the entire Patent profession in Hong Kong. In general, the AC’s Report recommends three changes which can be described as being quite bold in some areas, whilst at the same time, being conservative as the changes permit much of the existing system to be retained.

The AC’s recommended changes fall into three categories: the introduction of an “Original Grant Patent” (OGP), the refinement of the Short Term Patent system and the introduction of a regulatory framework for the Hong Kong Patent profession, which at present is not regulated.

This week Apple had a total of 34 patents issued, including four design patents and a number of patents focusing on improvements to user interfaces on various Apple devices, such as a design patent on an icon (see bottom). Other patents obtained by Apple protect a new method of removing blemishes while still maintaining image quality and an illuminable laptop latch.

Blemish Control
U.S. Patent No. 8385681

This patent represents a fairly substantial improvement to image editing processes, which has long been a staple of Apple systems. Graphic designers are able to retouch images in a number of ways already through computer software. However, removing unwanted marks and other blemishes from an image can be a burden as current blemish removal tools do not distinguish between different textures within an image. A user can take out a mark from an image, but if that mark crosses the boundary between two colors, those colors typically blend together and negatively impact image clarity.

A complaint filed by London-based electronics developer ExoTablet Ltd. against American electronics reseller Negri Electronics might simply be a petty response to a failed business venture, or it may be the first alarm in a larger battle against ASUS, a multinational company that manufactures notebooks and other electronic devices.

On January 25, ExoTablet filed the complaint, which seeks a trial by jury, in the Northern District Court of Georgia, Atlanta Division. The complaint alleges that two ASUS products sold by Negri Electronics violate a patent that ExoTablet currently holds for combination laptop/cell phone devices: the PadFone and the PadFone 2. ExoTablet is seeking compensation for infringement, lost profits due to infringement, prejudgment interest and treble damages.

The patent in question is U.S. Patent No. 7,477,919, which is titled “Handheld Input/Output Device Providing Enhanced User Interface for a Mobile Telephone.” The patent protects the design of a tablet device that includes a port for an attachable mobile phone. The tablet device includes a display screen and is capable of Internet access, while the calling functions would exist in the smaller, attachable component. The patent was issued on January 13, 2009, to Peter Warren of Chattanooga, TN.

The Taiwanese manufacture of electronic ink digital display screens, a major industry within electronic device manufacturing, is at the center of a complaint from New York-based patented technology developer CopyTele Inc (CTI). CTI is seeking punitive, treble and exemplary damages of more than $700 million from Taiwan digital display manufacturer AU Optronics Corp. (AUO), for stealing patented technology with the intent to aid the monopolization of the digital display market.

CTI claims that AUO and another Taiwanese firm, E Ink Holdings, conspired to steal patented technologies from CopyTele to monopolize production of display screens for popular consumer devices. AUO is a major manufacturer of flat screen displays for computers, televisions and tablet devices, including Apple’s iPad. E Ink Holdings is another Taiwanese electronics manufacturer that develops eReader screens for devices like Barnes & Noble’s Nook and Amazon’s Kindle.

NOTE: This article was first published in “The Paul J. Luckern Summer Associate Edition – 2012, published by the ITC Trial Lawyers Association.” It is republished here with permission.

One of the requirements of finding a violation of section 337 of the Tariff Act of 1930 is that the Complainant must establish that “an industry in the United States, relating to the articles protected by the [intellectual property right] … concerned, exists or is in the process of being established.”1 In particular, the domestic industry requirement is broken up into two prongs: one technical, and one economic.2 “The technical prong concerns whether the complainant practices at least one claim of the asserted patents, while the economic prong concerns domestic activities with respect to the patent or patented article.”3 Satisfying the economic prong of the domestic industry requirement is not necessarily straightforward.4 Specifically, in certain cases, a value-added analysis has been conducted to determine if the economic prong had been satisfied. Ultimately, the analysis turns to exactly what would be considered “significant” and/or “substantial.”

This article will examine the value-added analysis with respect to the economic prong of the domestic industry requirement, basically what is the current standard for what qualifies as significant/substantial investments.5 Moreover, this article will review past decisions, assess current decisions, and attempt to forecast the value-added component of the economic prong of domestic industry.