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patents – IPWatchdog.com | Patents & Patent Law http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Sun, 20 Aug 2017 11:15:25 +0000 en-US hourly 1 https://wordpress.org/?v=4.8.1 Viewers stream 7 billion hours of content on Roku http://www.ipwatchdog.com/2017/08/19/viewers-stream-7-billion-hours-content-roku/id=86936/ http://www.ipwatchdog.com/2017/08/19/viewers-stream-7-billion-hours-content-roku/id=86936/#respond Sat, 19 Aug 2017 11:00:15 +0000 http://www.ipwatchdog.com/?p=86936 Roku offers 5,000 streaming channels through its Channel Store and, to help consumers find interesting content more easily, it has developed a channel-targeting technology protected by U.S. Patent No. 8627388 titled Method and Apparatus for Channel Prioritization. This patent protects a method by which the maximum amount of channels that the client device can use are filled with available channels of targeted content, usually based on the most popular channels or those channels which are accessed most often by the client device. The increasingly large amount of data, video, audio, and gaming options that Roku users can choose from makes it harder for the user to find favored content from a desired content provider. The problem is exacerbated by the different ways a user can access content such as renting, buying or subscribing to content. The method this patent protects manages content in a streaming media environment and runs a preloaded channel in the background to reduce lag.

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Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear http://www.ipwatchdog.com/2017/08/18/crocs-loses-inter-partes-reexam-design-patent/id=86970/ http://www.ipwatchdog.com/2017/08/18/crocs-loses-inter-partes-reexam-design-patent/id=86970/#comments Fri, 18 Aug 2017 15:15:44 +0000 http://www.ipwatchdog.com/?p=86970 Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO is U.S. Patent No. D517789. Issued in March 2006 and assigned to Crocs, it protected the ornamental design of footwear. The design patent illustrations attached to the '789 design patent showcase the well-known Crocs design featuring holes in the footwear material around the front of the foot and a strap behind to hold the footwear in place against a person’s heel... The Examiner refused to recognize a priority claims of earlier filed applications dating back to June 23, 2003. According to the Examiner, the shoe that is the subject of the '789 design patent was not adequately disclosed prior to May 28, 2004, making an earlier priority date claim impossible to recognize.

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CAFC says Attorney’s Fees are an Equitable Remedy Not Subject to Right to a Jury Trial http://www.ipwatchdog.com/2017/08/18/cafc-attorneys-fees-equitable-remedy/id=86999/ http://www.ipwatchdog.com/2017/08/18/cafc-attorneys-fees-equitable-remedy/id=86999/#respond Fri, 18 Aug 2017 13:15:13 +0000 http://www.ipwatchdog.com/?p=86999 Avid sought fees as a prevailing party under § 285, and therefore the attorney’s fees in this action were properly characterized as an equitable remedy, properly decided by a judge. AIA argued that when an award of attorney’s fees is based in part or in whole on a party’s state of mind, intent, or culpability, only a jury may decide those issues. The Court rejected this argument because AIA provided no cases holding that once an issue is deemed equitable, a Seventh Amendment right to a jury trial may still attach to certain underlying determinations.

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Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases http://www.ipwatchdog.com/2017/08/18/octane-standard-attorneys-fees-applies-lanham-act-cases/id=86998/ http://www.ipwatchdog.com/2017/08/18/octane-standard-attorneys-fees-applies-lanham-act-cases/id=86998/#comments Fri, 18 Aug 2017 11:15:15 +0000 http://www.ipwatchdog.com/?p=86998 In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after one batch of Fossil’s handbags appeared to have counterfeit magnetic snaps. The jury found Fossil liable for patent and trademark infringement and for violating the CUTPA. The Federal Circuit affirmed the patent and trademark infringement verdicts. After that appeal, Romag sought attorney’s fees under the Patent Act, Lanham Act, and the CUTPA. The district court awarded attorney’s fees under all but the Lanham Act... The Supreme Court’s “objectively unreasonable” standard for attorney’s fees set forth in Octane applies to infringement cases under the Lanham Act and the Patent Act. In attorney’s fee disputes, courts must consider the totality of the circumstances, including the conduct of both parties.

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CAFC denies Amgen discovery in biosimilar patent dispute http://www.ipwatchdog.com/2017/08/18/cafc-denies-amgen-discover-biosimilar-patent-dispute/id=86996/ http://www.ipwatchdog.com/2017/08/18/cafc-denies-amgen-discover-biosimilar-patent-dispute/id=86996/#respond Fri, 18 Aug 2017 09:15:37 +0000 http://www.ipwatchdog.com/?p=86996 In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery in the district court. The Court also found that Amgen failed to meet the requirements for mandamus relief. Amgen Inc. v. Hospira, Inc., (Fed. Cir. Aug. 10, 2017) (Before Dyk, Bryson, and Chen, J.) (Opinion for the court, Dyk, J.)... When filing a BPCIA paragraph (l)(3) list of patents that could potentially be infringed by a biosimilar, all patents that could reasonably be infringed, based on available knowledge without discovery, should be included on that list. In an interlocutory appeal, the Federal Circuit lacks “collateral order” jurisdiction to compel a district court to order discovery concerning non-listed patents, nor is mandamus warranted, because relief is available on appeal from a final judgment.

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Theftovation: Facebook ‘Likes’ Copying Ideas http://www.ipwatchdog.com/2017/08/17/theftovation-facebook-likes-copying-ideas/id=86916/ http://www.ipwatchdog.com/2017/08/17/theftovation-facebook-likes-copying-ideas/id=86916/#comments Thu, 17 Aug 2017 15:15:28 +0000 http://www.ipwatchdog.com/?p=86916 The Wall Street Journal explains ithat the Silicon Valley culture has long regarded copying as a good thing and necessary for rapid growth, first to market, first mover advantage, network effects, world domination, liquidity for early investors and Founders, etc. What complete and total garbage. When you live in a culture that tolerates and even promotes copying that is, in fact, what you get. When everyone copies everyone that means no one is innovating. Many studies and articles in recent years have highlighted how we have a net loss of startups over the past 30 years and that companies are no longer innovating.

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Does anyone at Mapbox understand the company’s patent filing activities? http://www.ipwatchdog.com/2017/08/17/does-mapbox-understand-patent-filing-activities/id=86794/ http://www.ipwatchdog.com/2017/08/17/does-mapbox-understand-patent-filing-activities/id=86794/#comments Thu, 17 Aug 2017 11:15:11 +0000 http://www.ipwatchdog.com/?p=86794 Given that Lee testified that Mapbox has been a party to multiple patent lawsuits and only a single lawsuit can be located, coupled with Lee’s testimony that Mapbox has used the patent system as an applicant and no patents or applications can be found, Congress should question whether or not false testimony has been given in this case. Perhaps there is a reasonable explanation, but based on publicly available information serious questions exist regarding the veracity of his testimony.

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Federal Circuit says computer memory system claims patent eligible, not abstract http://www.ipwatchdog.com/2017/08/16/federal-circuit-computer-memory-system-patent-eligible/id=86925/ http://www.ipwatchdog.com/2017/08/16/federal-circuit-computer-memory-system-patent-eligible/id=86925/#comments Wed, 16 Aug 2017 16:12:40 +0000 http://www.ipwatchdog.com/?p=86925 The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice test was an unnecessary inquiry... “Our review of the ’740 patent claims demonstrates that they are directed to an improved computer memory system, not to the abstract idea of categorical data storage,” Judge Stoll wrote. “The specification explains that multiple benefits flow from the ’740 patent’s improved memory system.”

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Testing a Patent Claim against an Abstract Idea, in Response to 35 USC §101 Rejection http://www.ipwatchdog.com/2017/08/16/testing-patent-claim-abstract-idea-response-35-usc-%c2%a7101-rejection/id=86881/ http://www.ipwatchdog.com/2017/08/16/testing-patent-claim-abstract-idea-response-35-usc-%c2%a7101-rejection/id=86881/#comments Wed, 16 Aug 2017 13:15:42 +0000 http://www.ipwatchdog.com/?p=86881 One promising approach is to argue that the claims are directed to a specific technological solution to a specific technological problem, as has been successful in the courts. But, even this may not be convincing, if argued in the abstract, because, after all, we are dealing with abstract ideas to begin with, and it is all too easy for an examiner to dismiss an abstract argument as “not convincing”. A concrete, bright line test can be constructed, which may sway an examiner (or appeal board, if the rejection is appealed). Articulate a specific technological problem that the claims solve or are directed to solving. Analyze the claim and cite some of the important claim limitations that are not present in the alleged abstract idea, and explain the significance of these claim limitations in terms of the technological problem and technological solution.

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Nintendo Switch gaming console is at center of patent infringement suit filed by Gamevice http://www.ipwatchdog.com/2017/08/16/nintendo-switch-gaming-console-patent-infringement-suit-filed-gamevice/id=86799/ http://www.ipwatchdog.com/2017/08/16/nintendo-switch-gaming-console-patent-infringement-suit-filed-gamevice/id=86799/#comments Wed, 16 Aug 2017 11:15:42 +0000 http://www.ipwatchdog.com/?p=86799 Gamevice is asserting a single patent in this case: U.S. Patent No. 9126119, titled Combination Computing Device and Game Controller with Flexible Bridge Section. Issued in September 2015, it claims a combination device having a computing device with sides disposed between an electronic display screen and the device’s back, a communication port interacting with the computing device and having a pair of structures confining the computing device, an input device in communication with the communication port and having a pair of control modules providing input module apertures securing an instructional input device.

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Is being called a ‘patent troll’ defamatory? NH inventor files suit against banking industry to find out http://www.ipwatchdog.com/2017/08/15/patent-troll-defamatory-nh-inventor-files-suit-banking-industry/id=86857/ http://www.ipwatchdog.com/2017/08/15/patent-troll-defamatory-nh-inventor-files-suit-banking-industry/id=86857/#comments Tue, 15 Aug 2017 17:31:22 +0000 http://www.ipwatchdog.com/?p=86857 In a New Hampshire State Superior Court, this so-called 'patent troll' has decided to fight back. Automated Transactions and Dave Barcelou have filed a defamation complaint against the crème de la crème of those deemed “too big to fail” and who many might consider to be too big to defeat... The minute Barcelou was able to enforce his patented technologies in court, winning a sizable settlement from the biggest bank in his hometown of Buffalo, NY, a veritable “Who’s Who” of the financial services leaders joined forces to destroy both Barcelou and his company economically. Besides encouraging one another to ignore Automated Transaction’s demand letters, false and misleading statements started to appear in prominent business publications, which went so far as to say the company had purchased its patents, or alternatively, that the patents were invalid. Over time a unified battle cry arose from the ‘poor little community banks’ he allegedly targeted; "He’s nothing but a patent troll."

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High patent quality standard adversely impacts all inventors http://www.ipwatchdog.com/2017/08/15/high-patent-quality-standard-adversely-impacts-inventors/id=86412/ http://www.ipwatchdog.com/2017/08/15/high-patent-quality-standard-adversely-impacts-inventors/id=86412/#comments Tue, 15 Aug 2017 14:15:00 +0000 http://www.ipwatchdog.com/?p=86412 High novelty, high non-obviousness standard, inconvenient court venue for patent owners, and limited availability of injunction remedies, reduced damages, threaten liabilities will hurt all classes of inventors except that it has less impact on corporate inventors. The invalidation procedure will discourage inventive activities of all classes with most serious impacts on independent inventors and accidental inventors. This is one biggest class of inventors who often come up with game-changing and surprising inventions. When would-be-inventors run into problems or solutions, why would they spend time and money to make inventions, spend more money to get patents, and get the business to defend patents in endless invalidation actions? High patent quality standard forces existing professional inventors to leave their invention business and discourage young people from becoming future inventors. In this highly uncertain time with a large number of dormant epidemic diseases, one or a few inventions may save population life when vaccine is unavailable.

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