Posts Tagged: "ksr v. teleflex"

CAFC Rules Patent Claims Obviously Common Sense

Earlier today in Perfect Web Technologies, Inc. v. Infousa, Inc. the United States Court of Appeals for the Federal Circuit determined that the district court properly ruled the relevant patent claims of US Patent No. 6,631,400 were invalid as a result of being obvious. In so doing, Judge Linn writing for the panel (consisting additional of Judges Prost and Dyk)…

Obviously Non-obvious and Patentable Inventions Part I

Once again I find myself traveling for PLI, this time I am in an airplane heading for Oakland, California, with the final destination of San Francisco, California via taxi. This will be the last live location for the PLI Patent Bar Review Course for 2009. John White and I will be in San Francisco teaching at PLI headquarters downtown starting…

The Risk of Not Immediately Filing a Patent Application

Everyone views the world through a prism, and the prism I look through is different than the prism others look through.  That should hardly come as a surprise given that we each find ourselves at any point in time being where we are as a result of the journey we have taken.  It is, therefore, not surprising that those who…

New Amazon Software Patent, Shakespeare & © Infringement

Amazon Technologies, Inc., received US Patent No. 7,610,382, which relates to a computer implemented method of marking copies of content distributed on a network. More specifically, the patent discloses and claims a variety of embodiments of a method and associated apparatus for programmatically substituting synonyms into text content distributed through a Web service.

The Decline and Fall of the American Entrepreneur

I want to thank Mr. Quinn for graciously inviting me to write a post on my forthcoming book The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations are Killing Innovation, which should be available on Amazon.com in December 2009. This book started as a project based on my observations. I deal with technology start-up entrepreneurs…

Another KSR Retrospective

On that fateful day some 27 months ago, April 30, 2007 to be precise, the United States Supreme Court decided that the well established and functional bright line rule for obviousness was too rigid.  No longer must there be a teaching, motiviation or suggestion to render an invention unpatentable for obviousness reasons.  No in this new brave world we need…

KSR Day at the NAPP Conference in San Diego

I am still in San Diego, California at the Annual Conference of the National Association of Patent Practitioners, which is being held at the Embassy Suites Hotel, which is roughly across the street from the U.S.S. Midway.  The conference has been a good one with some excellent presentations.  This morning there was a Bilski presentation, and since then we have…

Crazy Patents in an Era of Alleged Patent Quality

 Over the last several years the patent allowance rate has fallen from about 70% of applications becoming patents to a low of 42% of patent applications becoming issued patents.  During this same time the Patent Office has continued to proclaim that quality has risen, which everyone in the industry knows to be false.  The real tragedy is that the Supreme…

Obscure Patent: Carry-out food container

Carry-out food container US Patent No. 7,451,889 Issued November 18, 2008 Did you know that on Tuesday, November 18, 2008, a carry out food container was patented? I discussed this patent in a post last week titled Unequal Treatment at the US Patent Office, where I discussed the unfair and inequal treatment that seems to be plaguing the Patent Office.  After…