Posts in Technology & Innovation

With the Supreme Court’s most recent foray into the patent-eligibility world in Alice Corp. v. CLS Bank International, we now have a complete and utter disaster as to what data processing claims can (or more unfortunately cannot) survive scrutiny by Our Judicial Mount Olympus under 35 U.S.C. § 101. I once had respect for Justice Thomas’ view on patent law jurisprudence, having considered his substandard opinion in Myriad on the patent-eligibility of certain “isolated” DNA claims to be an “isolated” aberration. But having now read his mind-boggling Opinion for the Court in Alice Corp., I’ve now thrown my previously “cheery” view of Thomas’ understanding of patent law jurisprudence completely into the toilet. I have even less kind words to say about the three Justices that signed onto Justice Sotomayor’s disingenuous concurring opinion that accepts retired Justice Steven’s equally disingenuous suggestion in Bilski that 35 U.S.C. § 273 (in which Congress acknowledged implicitly, if not explicitly the patent-eligibility of “business methods” under 35 U.S.C. § 101) is a mere “red herring.” See Section 273 is NOT a Red Herring: Steven’s Disingenuous Concurrence in Bilski.

Our survey of the patent applications assigned to Intel and published recently by the USPTO showed us a variety of intriguing multimedia and data services for electronic device owners. A couple of patent applications discuss means for sharing of content across devices, both between multiple devices with a single owner and across peer-to-peer networks. Another patent application discloses a technology meant to protect sensitive data on corporate networks which are accessed by a plurality of users with various levels of data access rights. We also share one patent application filed to protect a method of improving navigational systems designed for guiding people walking through indoor environments. Today, we get really in-depth into our analysis of Intel’s recent additions to its patent portfolio. We were intrigued by a trio of patents related to methods and techniques of better discovery of digital services, including one method of discovering television content which was awarded more than one decade after the original patent application was filed. Another interesting patent protects means for laptop owners to retrieve a lost or stolen device. We also discuss a patent aimed at analyzing the audience for a digital sign displaying an advertisement, as well as another system designed for more energy-efficient means of awaking a computer from a sleep mode.

We begin today by sharing our featured patent application with our readers, a technology designed to create a privacy zone to disable unauthorized functions in mobile devices which are within the zone. This would enable a meeting administrator to ensure that smartphone device owners cannot produce a recording of a meeting from within the privacy zone, for example. Other patent applications we explore discusses systems for transmitting calls and messages to the proper destination device for more effective communication between those who own multiple devices, as well as a system for better providing local advertisements to device owners who are on the go. Our exploration of AT&T’s recently issued patents features a couple of patents protecting technologies designed to improve calendar applications, including one system through which a professor or group administrator can update project deadlines so that all students or group members are aware of the change. Another patent is directed at a technology for parents who want to know when their children arrive at home from elsewhere. We also discuss a couple of patents featuring improvements to set top boxes for home media systems, including one method for freeing up space in video recording software by preventing against redundant media recordings.

It’s this incredible value intrinsic to the Internet that has been central to the debate over net neutrality. What was a fairly esoteric term just a few months ago has lately jumped to the forefront of the American political debate, thanks to newly proposed regulations set forward by the U.S. Federal Communications Commission (FCC). Just several days ago Tech Crunch reported that the FCC had received some 647,000 comments relating to its activities associated with net neutrality, a staggering sum. And thanks to glitches with the comment system, the announced yesterday that it would be extending the deadline to provide comments until midnight on Friday, July 18. With all this in mind we wanted to take some time to look at this issue, which could affect all users of the Internet, from various angles to give our readers an opportunity to gain a clearer understanding of what’s at stake. At the core of the debate is government oversight of private Internet networks, and whether free access to all online resources is a basic right of all Internet users.

He says he has seen the below form paragraph twice within a week. Most alarming, in one case the form paragraph came in the form of a supplemental office action, but the original office action, which was outstanding, didn’t have any patent eligibility rejections under 35 U.S.C. 101… Clearly this form paragraph does not come from the initial guidance the USPTO sent to examiners. In that initial guidance Deputy Commissioner for Patent Examination Policy, Andrew Hirshfeld, told patent examiners that “the basic inquiries to determine subject matter eligibility remain the same as explained in MPEP 2106(I).” Therefore, USPTO told patent examiners that while the framework of the analysis had changed the substance of the analysis had not changed.

The Supreme Court’s Alice decision has again left the IP bar without a clear, repeatable test to determine when exactly a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none,” Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127, 130 (1948). This is perhaps not surprising as Alice is a case more about so-called “business method” patents than software patents! (In fact, three justices in a succinct, 116-word concurring opinion indicated that they would impose a per se ban on patenting business methods!) With respect to software patents, however, we still find ourselves with a myriad of USPTO Section 101 guidelines, flowcharts and presentation slides – the latest of which is a March 4, 2014, 19-pager which may very well get fatter after Alice!

Our featured application in today’s column discusses one Qualcomm technology designed to establish a call session across a network for the real time transmission of text messages. This data system could also be used to aid data transmission for mobile banking and other applications. We also discuss a couple of intriguing systems for detecting physical movement of a device owner, including one invention which provides a navigational guide for indoor environments. In our analysis of Qualcomm’s recently patented technologies, we delve into a trio of patents directed at wireless security, including one novel method for the easier management of password restrictions on a device. Other patents we discuss include systems for analyzing e-mail or other electronic messages prior to sending to exclude unintended recipients as well as a more resource-efficient system for monitoring of emergency alert broadcasts.

June 28, 2014, marked the one-hundred year anniversary of the assassination of Archduke Franz Ferdinand of Austria, the precipitating event which catapulted the globe into World War I. Across the world, events to commemorate the First World War Centenary will take place between now and 2018, the centennial anniversary of the war’s end . . . As with other milestone occasions, we have decided to commemorate innovations and inventors from the World War I era, looking at a range of patents issued in that period. This review was interesting because it shows the difference in the scope of intellectual property then as opposed to now.

Although complementary, patents and data exclusivity protection incentivize innovation in different ways and serve distinct purposes. Patents provide protection for innovations that meet the standards of patentability and are novel, nonobvious, and useful. In the context of biopharmaceuticals, patents protect both breakthrough discoveries as well as incremental improvements. Due to the length of the drug-development and patent-approval processes, effective patent terms rarely correspond to FDA approval. Accordingly, in some cases innovative therapies may experience patent expiry shortly after making it to market. In contrast, data exclusivity protects the tremendous investments of time, talent, and financial resources required to establish a new therapy as safe and effective. This is accomplished by requiring competing firms seeking regulatory approval of the same or a similar product to independently generate the comprehensive preclinical and clinical trial data rather than rely on or use the innovator’s data to establish safety and efficacy of their competing product.

Today’s featured application discusses a system designed to better provide warning information to drivers without distracting a driver or displaying redundant information on multiple screens. This system would also ensure that drivers receive the warning message even if the heads-up display or another screen is malfunctioning. Navigational systems for self-driving cars are described in another couple of patent applications which we discovered, as well as some inventions related to hybrid electric or hydrogen-powered vehicles. Patent grants make up the major part of any company’s strength in intellectual property, and Toyota enjoys the results of a very active organization in terms of patent filings. Toyota has recently been issued a great deal of patents related to vehicles powered by alternative forms of energy, including one which allows for pre-cooling of a hydrogen tank for faster refueling. We also discuss a patent which protects a system for measuring a safe distance between cars during nighttime, as well as another with protects a driving support system which incorporates information about the travel environment for aiding driver actions.

Telematics systems are the focus of a number of patent applications which we delve into today, including today’s featured application, which uses on-board telematics to transmit important automobile information to a central facility. The system is capable of sending more data than previous systems by routing the data through a wireless mobile device used by the driver, reducing the cost of data transmission from the vehicle. Improved speech recognition for on-board computer system controls and a steering wheel light system designed to refocus a driver’s attention onto the road are also discussed. General Motors enjoys a very strong intellectual property portfolio compared to many other car manufacturers, and its recently issued patents protect everything from steering systems for three-wheeled vehicles to space-effective cargo compartments. A couple of patents which we explore in-depth protect innovations involving navigational systems, including one that incorporates local landmarks into audio responses from a navigational system for directional guidance. We also noticed a patent for tires which can run while flat and produce less noise than other flat tires.

The featured patent application discusses a social networking method which tries to enhance the shared viewing of video content among a group of people in geographically diverse locations. The movie theater interface gives group members the opportunity to communicate thoughts and emotions with others watching the same content. More intelligent computing systems for task management and advertising video games for download are also described within recently filed patent applications. Microsoft is in the upper echelon of American companies where current patenting operations are concerned, and dozens have been issued to the company in just the past two weeks. Of these, we noticed an intriguing system of providing serious games to business employees which helps them find novel solutions to complex business problems. We also take a closer look at a system designed to protect a user’s private information when accessing online services as well as an intelligent brightness control system for digital screen displays worn near the eye.

EDITORIAL NOTE: This article is a continuation of Alice, the Illusory Death of Software Patents. We can return to the beginning of the analysis and revisit preemption. As stated, the Court sees § 101 as protecting the big ideas that are fundamental to commerce, science, and technology, patents that would preempt and “block” innovation. The Court realizes that every patent…