All Posts

Discussing Startups & Entrepreneurship with Author Stephen Key

A lot of inventors and entrepreneurs might come up with an idea that solves a problem, but I’ve always took a different approach. I would let the market tell me what it’s looking for or what it needs or what’s missing. And I like to refer to it as looking for a sleeping dinosaur. By that I mean something that is old and tired. Don’t reinvent the wheel but come up with a small change in existing products. So number one, you’re guaranteed that there’s a market for it. And number two, the technology exists.

AIPLA Bestows Annual Awards

The American Intellectual Property Law Association (AIPLA) bestowed its highest awards on professionals in the IP industry during the 2012 Annual Meeting, October 25-27 in Washington, DC.

Cloaking Device Inventor Says Deflector Shield Realized

Like so many other popular science fiction books, movies and franchises, Star Trek has inspired many innovators to ask the question “why not?” Although Star Trek did not have a monopoly on inspiration for cloaking devices, a technology that was first awarded a U.S. patent earlier this year, it is hard to imagine a more powerful motivation for the pursuit of deflector shields. And earlier today the company that owns the first patented cloaking device claims to have successfully created a deflector shield body armor suit.

The Real McCoy Part 2: I am a Man Who Thinks and My Thoughts are Valuable

One of the more indelible images of the civil rights movement are those from the Spring of 1968 as Black sanitation workers went on strike in Memphis, Tennessee holding signs that read “I am a Man,” in their fight for economic equality. (This is the reason that civil rights leader Martin Luther King, Jr. was visiting Memphis when he was assassinated on April 4, 1968.) Now those signs should not only read “I am a Man Who Thinks,” but “I am a Man Who Thinks and My Thoughts are Valuable.” Thus, a skillful IP attorney can be a modern day civil rights attorney by aiding Blacks to create IP rights in order to preserve their exclusive right to economically exploit the fruits of their creativity.

Kodak Agrees to Financing, Must Sell Patents for $500 Million

The financing commitment Kodak received is composed of new term loans of $476 million, as well as term loans of $317 million issued in a dollar-for-dollar exchange for amounts outstanding under the company’s pre-petition second lien notes. The financing, however, is predicated on certain conditions and Kodak’s achievement of certain milestones. Perhaps the main pre-condition, and one that may be quite difficult for the company to meet, is that Kodak must successfully complete the sale of it’s digital imaging patent portfolio and the sale much fetch no less than $500 million.

8 New PTAB Judges Sworn in at USPTO

Leading up to the swearing in, PTAB Vice-Chief Judge James Moore explained the need for the new Judges, as well as pointing out that the USPTO has already had 13 covered business method patent reviews and 42 inter partes reviews initiated just since they became available on September 16, 2012 in the second wave of implementation of the America Invents Act (AIA). “We have doubled our hearing review capacity,” Moore explained. He also said that the approximately 27,000 cases pending at the Board this year “was a high water mark and we will recceed from there thanks to the help of those sitting behind me,” referring to the soon to be sworn in APJs.

Womble Carlyle Expands IP and Life Science Litigation Teams

In October, Life Science litigators Mary Bourke, Mark Pino, Kristen Cramer, Dana Severance and Daniel Attaway joined the firm from Connolly Bove Lodge & Hutz LLP, an intellectual property law firm located in Delaware, which not lists 52 attorneys on their firm website. These laterals include three partners and two associates. Veteran IP litigators Barry Herman and Behrooz Shariati also joined the firm in June and July, respectively. According to the firm’s website Womble Carlyle now has 547 attorneys and 89 attorneys operating within a broadly defined Intellectual Property practice group.

The Real McCoy: Should Intellectual Property Rights be the New Civil Rights in America?

Many may initially wonder what IP has to do with civil rights. After all, IP rights (IPR) have always been understood in terms of individual economic incentives for creating society-wide public good in the form of cultural works, like art and music, and scientific knowledge such as medicines. The interrelationship initially seems odd because, regardless of political leanings, many are turned off by any mention or use of identity politics. Yet, as one leading scholar observed, “we cannot understand intellectual property today without recognizing the identity struggles embedded within it. Intellectual property’s convergence with identity politics reveals links between cultural representation and development, which traditional economic analyses of intellectual property overlook.” Thus, I ask should IPR be the new focal point of the civil rights movement in America?

Apple’s New Wind Patent for Cooling Electronic Devices

According to the company, Apple’s method utilizes a solid-state air mover using “corona discharge—an electrical discharge near a charged conductor caused by the ionization of the surrounding air.” This is made of one corona electrode, one collector electrode, and a high voltage power supply. An electric field is created when voltage is applied to electrodes; the electric field causes surrounding particles to become ionized (charged). The electric field “spreads” a charge toward the collector electrode, and the charge continues to spread and create air movement en masse.

Patent Litigation Settlement Roundup

On November 8, 2012, Mylan Inc. (Nasdaq: MYL) announced that it, along with Famy Care Ltd., has entered into a settlement agreement with Janssen Pharmaceuticals Inc. that will resolve patent litigation related to Ortho Tri-Cyclen Lo® Tablets, which are indicated for the prevention of pregnancy in women who elect to use oral contraceptives as a method of contraception. Also on November 8, Research Affiliates, LLC and WisdomTree Investments, Inc. (NASDAQ: WETF) announced that Research Affiliates will withdraw its patent infringement lawsuit brought against WisdomTree and pay WisdomTree $700,000. On October 31, 2012, Acacia Research Corporation (Nasdaq:ACTG) announced that its subsidiaries settled patent litigation with Medtronic and Comcast Cable in unrelated cases.

Voter Verified: Online Periodical Held to be Printed Publication

In the end, Voter Verified reached the correct result that the Benson article was a “printed publication” bar. But the “publicly accessible” doctrine relied upon by Judge Lourie’s opinion was not the best (and most direct) pathway to get to that result. Even more distressing, the important Cronyn requirement of “meaningful indexing” of the electronically posted document was again discounted by Voter Verified. Put differently, if you can’t readily find the electronically posted document by doing a reasonable search (with appropriate search terms) via the Internet, how can you say that the document is “publicly accessible” to be a “printed publication” bar?

FTC Settles Charges That Payday Loan Tossed Sensitive Consumer Data into Trash Dumpsters

A company that provides management services to more than 300 payday loan and check cashing stores, and an affiliated company that owns and operates several stores, will pay $101,500 to settle Federal Trade Commission charges that they violated federal law by allowing sensitive consumer information to be tossed into trash dumpsters.

4 More Years: Patent Consequences and Other Election Musings

In addition to the USPTO remaining in the capable hands of Director Kappos for the foreseeable future, with the reelection of President Obama that means that there could be a real possibility that AIPLA Executive Director, Q. Todd Dickinson, will be on any short list for future appointments to the United States Court of Appeals for the Federal Circuit. While no one knows for sure, given the age of Judges on the Federal Circuit it would seem likely that President Obama will have an opportunity to appoint at several Judges to the Court, and given the Court’s workload they could and should be granted more Judgeships anyway.

AIPLA Exclusive: On the Record with Todd Dickinson, Part 2

In this final installment of my interview with Dickinson we discuss the Federal Circuit, including the rumors that I have heard about him possibly being on a short list for a future appointment to the Federal Circuit. As you will see, Dickinson deflected those rumors, although acknowledging they are flattering. We then move on to talk about judicial appointments in general, as well as the next big issue that will face the Federal Circuit in the coming years.

Blue Calypso Sues MyLikes, Foursquare, Groupon and Yelp for Infringing Peer-to-Peer Advertising Patents

Both patents cover methods and associated systems that enable peer-to-peer advertising. In the innovation described in the patent a subsidy program is set up based on a profile of an advertiser. A qualified subscriber is identified for the advertiser based on a profile of a subscriber. One or more advertisers and subsidy programs for the qualified subscriber are then selected. When a communication transmission is received one or more advertisements associated is transmitted from a central communication device to the subscribers communication device.