IPWatchdog.com is in the process of transitioning to a newer version of our website. Please be patient with us while we work out all the kinks.

Posts Tagged: "hewlett packard"

Apple’s Multiple Petitions Against Nartron Patent Underscore PTAB’s Serial IPR Problem

Last week, the Patent Trial and Appeal Board (PTAB) issued 18 institution decisions based on petitions for inter partes review (IPR) proceedings, instituting 10 and denying eight. One of those denials ended a petition from Apple to challenge a touch screen patent owned by Nartron, although the PTAB instituted two other IPRs on the same patent the following Monday, giving rise to questions about whether the U.S. Patent and Trademark Office is effectively dealing with the issue of multiple petitions at the PTAB. Elsewhere, a pair of KOM Software patents asserted in separate district court proceedings against NetApp and Hewlett Packard each had two IPRs instituted against them after the patent infringement defendants teamed up to file petitions.

Other Barks & Bites: IP News to Watch, February 1, 2019

This week in Other Barks & Bites: Huawei is in hot water with both the U.S. and UK governments, while Qualcomm has just completed a new patent licensing deal with Huawei; IBM tops a new global list for most artificial intelligence-related patent applications filed; Apple files another appeal of a major patent infringement damages award handed to VirnetX in the Eastern District of Texas; and see how the biggest IP players are doing Wall Street.

Motivation to Combine Unnecessary Under Section 103 if Secondary Reference Does Not Supply Element or Teaching

On January 10, the Federal Circuit issued an opinion affirming a decision of the Patent Trial and Appeal Board (PTAB) invalidating several claims of U.S. Patent No. 6,597,812 (the ‘812 patent) as obvious. Realtime Data, LLC v. Iancu, No. 2018-1154 (Fed Cir. Jan. 10, 2019) (Before Dyk, Taranto, and Stoll, Circuit Judges) (Opinion for the court, Stoll, Circuit Judge).

Hewlett Packard Enterprise Co., HP Enterprise Services, LLC, and Teradata Operations, Inc. (collectively, HP) sought inter partes review (IPR) of U.S. Patent No. 6,597,812, alleging that the claims were obvious under 35 U.S.C. §103(a) over U.S. Patent No. 4, 929, 946 (O’Brien) and further, in view of a data compression textbook by Mark Nelson (Nelson). After instituting review, the PTAB found the challenged claims obvious over the prior art. Realtime Data appealed on two grounds: (1) that the PTAB erred in determining that a person of ordinary skill would have been motivated to combine the teachings of O’Brien and Nelson, and (2) that the PTAB erred by failing to properly construe the term “maintaining the dictionary”.

On appeal, the Federal Circuit accepted HP’s primary argument that all of the challenged claims were disclosed in O’Brien, with Nelson used only to demonstrate that the term “dictionary encoder” used in the ‘812 patent was actually what was disclosed in O’Brien. HP thus relied on Nelson merely to explain that O’Brien’s algorithm was a dictionary algorithm, which Realtime conceded. Because the PTAB did not rely on Nelson for the disclosure of any particular element or teaching and instead relied on O’Brien alone to supply the elements and teachings, there was no obligation to make any finding regarding a motivation to combine O’Brien and Nelson. Therefore, the PTAB “did not err when it concluded that claim 1 was invalid under § 103 based on O’Brien alone,” Judge Stoll wrote.

Patent Assertion Entities Invest Twice as Much in R&D as Major U.S. Tech Firms

Rather than frustrate innovation, Maurer and Haber found that patent assertion entities have research and development expenditures which, on average, are twice that of U.S. high tech firms… Public PAEs do not appear to operate in a manner consistent with the hypothesis on patent trolls, which includes the view that PAEs own patents which have no value and that they file frivolous lawsuits that amounts to a tax on innovation.

Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding the constitutionality of the inter partes review (IPR) procedures created by the America Invents Act (AIA). The petition is available here. Amicus briefs in support of the petition are being filed May 31. We argue that IPR violates Article III of the Constitution, which vests the judicial power in the federal courts, and also the Seventh Amendment, which guarantees a right to a jury in civil litigation.

Carly Fiorina says Innovation Act only benefits large corporations, not innovators

Carly Fiorina: ‘[W]atch carefully who is supporting that [the Innovation Act]. It’s not the small it’s the big. It’s the big companies whose ongoing economic benefit depends upon their ability to acquire innovations and patents at a lower cost.”

Hewlett-Packard invents: From innovative inks to stem cell research

A number of patent applications recently published by the U.S. Patent and Trademark Office show an HP focus on ink products, including one electronic ink for use in digital displays that maintains an image while entering a low charge state. A few other attention grabbing patent applications disclose improvements in stem cell research as well as a mass spectrometry system for complying with federal regulations regarding metals mined from global areas experiencing civil unrest.

HP Patents: Social Network Sharing and Forensics Technologies

Hewlett-Packard has one of the stronger patent portfolios among U.S. technology developers, and the past few weeks have seen many interesting additions to that portfolio. One patent protects a method of brokering fair prices between printing entities and document acquisition services, which often provide printing services to mobile device users. Another protects a scanning technology which can determine if a product posing under a brand name is a counterfeit. A redesigned laptop for easier accessibility of internal components, as well as a method of identifying clothing in images, are also discussed below.

HP Invents Electronic – Maps, Coupons, Printers and Warranties

The featured patent application focuses on mapping technology, an area of innovation that we’ve seen from many of the electronic device and software manufacturers we cover. This system enables more effective road map generation from a plurality of sources of GPS data, including taxis and other vehicles on the road which are already equipped with location data sensors and devices. We also discuss a couple of patent applications which would protect printing technologies, as well as a novel system of electronic circuitry to prevent unauthorized access of cash drawers. Hewlett-Packard has a fairly strong portfolio of intellectual properties, and the USPTO has recently added dozens of patents to this company’s holdings in recent weeks. We take an in-depth look at a trio of patents related to printing technologies, including one patent for electronic storage of warranty data for printer components which HP had been trying to patent for more than a decade. We also explore a couple of patents protecting novel imaging systems, including one method for more effective capturing of lightning strike images.

HP Seeks Patent on Lip Reading Speech Recognition

Our feature patent application today almost sounds impossible, or at least exceptionally futuristic. The application discloses a novel way of using image processing to aid in speech recognition services. The system described in this application could use a camera to analyze a user’s lip activity so that sounds picked up by a microphone can be differentiated as ambient background noise or genuine speech. We also discuss a few other patent applications, including one describing more efficient blade computer system architectures and another that discusses automated methods of delegating resources to individuals using an organization’s computer network. Patent holdings are of great interest to us in this series, as is HP’s clear focus on printing technologies in their recently issued patents. A couple of issued patents that we explore today discuss improved methods of inkjet printing for pigment opacity or reducing abnormalities in print media. We also were intrigued by a novel system devised to ensure that networked printers handle print jobs with better respect to user printing preferences.

Are Some Patent Holders More Equal Than Others?

What’s troubling is that Hewlett Packard itself, the original startup headquartered in a garage, was one of the earliest and most-respected leaders of the 20th Century high-tech revolution that had its epicenter in Silicon Valley. It was William Hewlett who gave a 13-year-old Steve Jobs spare parts for a device Jobs was building — and a summer job as well. And it was Mr. Hewlett and his executive heirs who insisted that HP conscientiously patent its breakthrough innovations and fight against those that infringed those patents. HP today earns hundreds of millions of dollars annually by licensing its patent rights to others — according to IAM magazine, “at any one time, HP has about 150 licensing transactions in process.” And as the court dockets show, it certainly isn’t shy about filing suit against infringers who refuse to take a license.

Patent Litigation Investors Follow the Money to the ITC

The avalanche of patent assertion entities (PAE) cases, in the ITC and District Court, exists because the PTO issues hundreds, if not thousands of patents that can be asserted against every minute feature and functionality of tech products and services. The overwhelming majority issued to so-called inventors who played no part in developing these features and functionalities, including to patent mills that specialize in stalking the development of technology standards and obtaining claims they hope will read on those standards. And tech patent applications often pend (through continuations) for 10 years or more, enabling patentees to intentionally draft claims to read on existing products and services. In fact, these euphemistically entitled “early priority date” patents are the grist of tech patent litigation today, including PAE cases in the ITC.

Follow the Money – Will the ITC Lose its Patent Jurisdiction?

Such is the case with the newest lobby in Washington, the self-described “ITC Working Group.” You won’t learn anything about this organization by searching Google — odd, considering that Google is a member — but according to industry sources, its aim is twofold: First, it wants to block the International Trade Commission (ITC) from hearing patent infringement cases brought by “non-practicing entities” — i.e., patent holders like universities, independent inventors, and others who license their patents for manufacturers to commercialize. And second, it wants to weaken the ITC’s power to block the importation of infringing products into the U.S.

Start-Up Reality: No Patent = No Funding, No Business, No Jobs

The log jam in patents issuances is not the only impediment to start-up job creation. Although it is certainly a big one. Tax and regulatory burdens on start ups have reached a critical mass in the last 10 years. A fact recognized by President Obama when he signed an Executive order last Tuesday ordering the removal of burdensome regulatory rules on business. Also a problem are the post 9-11 immigration policies that are driving many of the world’s best and brightest scientists and engineers to other countries. But the biggest job killer beside the patent backlog is the systemic destruction of our high tech manufacturing capacity.