Posts Tagged: "Steven Brachmann"

A Story of Ethics and Optics: Former PTAB Judge Matt Clements Now Works for Apple

IPWatchdog recently learned that Apple, Inc. has hired former Administrative Patent Judge Matt Clements. Although Clements’ LinkedIn profile does not reflect the fact that he has left the Patent Trial and Appeal Board (PTAB) as of this writing, a search of the California State Bar Attorneys Roster clearly identifies Matthew Clements as being employed by Apple, Inc. in Cupertino, California. If the name Matt Clements rings a bell it is because IPWatchdog has rather exhaustively covered the remarkable ethical transgressions that have taken place at the Patent Trial and Appeal Board (PTAB) over the past several years, and Clements was the protagonist in chief. As was first reported by Steve Brachmann, Clements represented Apple, Inc. as patent infringement defense counsel up to his appointment as an APJ in March 2013. Clements then proceeded to preside over several dozen post grant challenges brought by Apple. Not surprisingly, Apple did extraordinarily well in those challenges, leading Brachmann to conclude that having Clements on the panel for an Apple petition was a lethal cocktail for patent owners.

Patent Reform: Will Fee-Shifting Solve the Patent Troll Problem?

Will these regulations make it less likely that a patent troll might take on a frivolous lawsuit? Perhaps, but it may also result in a higher win percentage for plaintiffs who only take sure bets to court, and those plaintiffs will be in line to obtain payment of their attorneys fees as well. Also, there’s nothing to prevent the most nefarious actors, the true trolls who only intend to reap money from patents regardless of infringement, from deciding to go bankrupt and not pay fees if they lose. Still others who are extremely well funded are likely be to able to purchase patents for pennies on the dollar, building enormous portfolios that will make the Intellectual Ventures portfolio look small in comparison. Will big-tech fight against such well funded super patent trolls? If the don’t then what good does fee-shifting do? You have to win to obtain the fees, so there is a real possibility that this legislation will not only fail to cure the problem but instead make it worse while destroying the smaller players who are the real innovators.

Oracle Seeks Patent on Tracking Viewers Eyes on a Webpage

Oracle is interested in improving graphic user interface layouts for web pages and other software programs. This application describes methods of analyzing user viewing patterns to help companies develop a product that has a more intuitive layout. Other intriguing patent applications relate to the collection of traffic data for non-GPS vehicle communications systems and quick methods of deploying enterprise software to authorized users within a business network. A number of U.S. patents related to databasing and other computer system improvements are also explored in today’s column. Two patents recently issued to Oracle protect methods of interacting with database files to provide accurate automatic updates and improve the process of merging documents. Another patent helps businesses with websites keep their content updated regularly to protect against publishing outdated information. Business will also be intrigued by an issued patent protecting methods of building knowledge profiles for corporate employees to aid human resources operations.

What is the future of BlackBerry?

When the question “What is the future of BlackBerry?” was entered into the virtual Magic 8 Ball the response was: “Don’t count on it.” Hardly scientific, only mildly amusing, but as far as predictions it is certainly within the envelope of possibilities. Still, the company continues amassing a portfolio of US patents. But this all begs the question about the direction the company will follow with new private ownership. Will they morph into a licensing juggernaut? Might they give up being a manufacturing company altogether and turn their considerable portfolio on the industry? Will the patent portfolio be auctioned off to the highest bidder?

Qualcomm Seeks Patent on Whether Mobile Device is in a Vehicle

Today, we feature a very interesting patent application from Qualcomm that would protect a system of determining whether a device is being transported in a vehicle. This system could detect multiple modes of transportation and adjust a device’s functionality in response. Other patent applications discuss improvements to covering network holes for better connectivity among device users, as well as a more responsive system of detecting malware before receiving a notification about potential malware from a central service. We’re also exploring a number of issued patents that pose a number of intriguing benefits for mobile devices and other computer systems. One issued patent discusses a system of storing audio samples to aid speech recognition software on an electronic device. Another patent allows a network to determine if a user is spoofing the system in order to trick a server into treating the user as though they’re in a different geographical region. Also, we look at an issued patent that describes improvements to systems of wireless charging for mobile devices.