Federal Circuit Rules Against Microsoft Claim Construction Arguments, Reverses Denial of Prejudgment Interest for Inventor

On May 20, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Kaufman v. Microsoft Corp. affirming a jury verdict of $7 million in reasonable royalty damages against Microsoft’s Dynamic Data for generating web applications. The Federal Circuit denied various claim construction arguments advanced by Microsoft on appeal, including several raised on the proper meaning of “automatically generating” within the preamble to asserted claim 1, and reversed the Southern District of New York’s denial of prejudgment interest to Kaufman.

Day One of Patent Litigation Masters: We Must Become Ambassadors for the U.S. Patent System Again

Speakers on day one of IPWatchdog’s Patent Litigation Masters program acknowledged that it’s easy for patent owners to become frustrated and disconsolate about how far the pendulum has swung away from encouraging effective patent protection but urged attendees to continue speaking up. As program sponsor and co-chair David Henry of Gray Reed put it, “I think we all have to become ambassadors for the patent system.” Henry spoke Monday on a panel about the U.S. Court of Appeals for the Federal Circuit’s recent habit of granting petitions for writ of mandamus to order Judge Alan Albright of the U.S. District Court for the Western District of Texas to transfer cases out of his court, largely to the U.S. District Court for the Northern District of California. Panelists speculated about the motivation for this focus on both the Eastern and Western Districts of Texas, with several agreeing that at least part of the trend is rooted in anti-patent sentiment. “Every time there’s a favorable forum for patentees, it gets harder to get into,” Wendy Verlander of Verlander LLP said.

SCOTUS IP Update: Status of the Top Patent Cases Before the High Court This Term

With about one month left in the U.S. Supreme Court’s current term, several petitions for writ of certiorari in patent cases being appealed from the U.S. Court of Appeals for the Federal Circuit remain pending in front of the nation’s highest court. Several of these petitions raise important questions on Section 101 patent eligibility jurisprudence in the wake of Alice Corp. v. CLS Bank International, a subject which the Supreme Court has punted on dozens of times after handing out that landmark decision on the patentability of computer-implemented inventions back in 2014. With several petitions on other areas of patent law that have grown more uncertain in recent years, including Section 112 enablement issues and patent-specific preclusion doctrines, the last few weeks of the Supreme Court’s term could presage coming changes to U.S. patent law, while recent cert denials indicate other areas of patent law that are of no concern to the nation’s highest court.

This Week in Washington IP: Risks and Benefits of a U.S. Central Bank Digital Currency, Supporting the Technology Modernization Fund, and Reviewing the Planetary Science and Astrobiology Decadal Survey

This week in Washington IP news, the House Financial Services Committee explores the risks and benefits of any central bank digital currency that could potentially be adopted by the Federal Reserve, the House Space and Aeronautics Subcommittee reviews the most recent Planetary Science and Astrobiology Decadal Survey and its recommendation to send a robotic mission to the planet Uranus, and the House Government Operations Subcommittee looks at ways to support the Technology Modernization Fund for upgrading IT systems at federal agencies. Elsewhere, the Information Technology & Innovation Foundation debates the potential impacts of a regulatory framework for AI technologies being drafted by the European Commission, while the Heritage Foundation looks at how the characteristics of Bitcoin intersect with American values.

Catapulting BlackBerry: A Data-Intensive Look, Part II

Measuring the quality of a patent portfolio doesn’t have to be subjective. There are a number of objective indices that measure patent families’ potential economic and reputational value, the breadth of patent claims and the statistical validity strength of a patent. The Patent Value Index, or PVIX, measures the potential economic and reputational value of a patent. PVIX scores each patent family on a curve from 0-100 using a weighted average of the GDP of the countries in which the family has granted members and the number of forward citations garnered by the family members compared to peer patent families in the same technology classes.

USTR Needs to Step Up Trade Enforcement

As a former Chairman of the House Judiciary Committee and co-author of major patent legislation, I have a special interest in supporting and protecting U.S. intellectual property rights. So, I took note last month when the Office of the U.S. Trade Representative (USTR) released its latest Special 301 Report on Intellectual Property Protection and Enforcement.

Schwegman Lundberg & Woessner is Seeking a Patent Attorney

Schwegman is seeking qualified patent attorneys having strong technical skills in computer science, electrical engineering, mechanical engineering, or advanced degrees in chemistry/biotech. We are particularly interested in candidates with 5+ years of experience in drafting and prosecuting patent applications. Industry experience in a technical field and advanced technical degrees are also of particular interest. Attorneys at Schwegman may be exposed to technical information that may be subject to U.S. Export Control laws. Therefore, proof of U.S. citizenship or permanent residency (“Green Card”) status may be required before consideration for a position.  This is a full-time, permanent position in both cloud and physical offices.

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