Posts Tagged: "patents"

“You’re going to get a claim construction early from the PTAB. In fact, one of the interesting results with the respect to a review of the decisions to initiate inter parted review or covered business method challenges is that the PTAB lays out for you its claim construction findings and its reasons. This may have a tremendous influence on the concurrent litigation and its claim construction. Obviously, the patent owner’s going to say certain things with respect to how the claims should be construed in its patent owner response, but nevertheless such statements may result in a clear disavowel of claim scope. Such admissions will have an impact on the concurrent litigation. Conceptually there are many strategic and tactical issues that are of general applicability to both the litigation and administrative trial.”

As the developer of the Android mobile device software, Google is heavily involved with mobile device and digital media systems development. Two recent patent applications filed by Google would protect different innovations for Internet audio systems, including a user-responsive start page for a music library and a system of allowing multiple users to rate tracks on a playlist to adjust playback. Google is also focused on improving online search methods, as is evidenced by another patent application for a system of searching social media pages for individuals or groups. And another final patent application would protect a more secure system of offering digital media excerpts to potential customers which would prevent stealing.

This week in IPWatchdog’s Companies We Follow series, we take a closer look at the Internet networking hardware developer’s recent innovations. Video conferencing has been a topic of interest for Cisco’s research and development teams, as two U.S. Patent & Trademark Office patent documents describe. One document, a patent application would protect a simpler system of establishing video conferencing connection. An US patent gives Cisco the right to protect a system of gauging member participation levels to make sure meeting members are paying attention. Business marketing is a big topic in the digital world, and another Cisco patent application seeks to utilize a wide scope of user social interactions to build consumer profiles for smarter advertising. Other patent applications would protect systems of attaching metadata to media sessions for creating a diagnostic session log, and another protects methods of storing Bluetooth connections for quicker device authentication in call center systems.

Research In Motion’s development of better mobile devices is on display in a number of intriguing documents. One application released recently outlines RIM’s development of a mobile device with a flexible display that can be bent up to 180 degrees. Another patent application discusses new tunable capacitors using microwaves for better radio impedance matching. An official patent awarded to the company this week protects an accelerometer component that improves list scrolling within applications.

RIM is also focused on computer systems design providing user feedback. Two applications that give us a closer look at this research and development involve a custom system of building user word lists for predictive text models, as well as location-specific search engines parameters that a user can set manually.

On May 6, 2013, I sat down with Steve Kunin and we discussed a wide range of patent issues. In Part 1 of the interview we discussed the new post grant procedures for challenging issued patents, and started discussing the estoppel provisions. In Part 2 we conclude our discussion of estoppel and move into discussing secret prior art, the Economic Espionage Act, the algorithm line of cases from the Federal Circuit and the erosion of patent rights that started with eBay v. MercExchange.

Today, IPXI is announcing a signature event to begin marketing the first Unit License Right™ (ULR™) contract offering to be listed on the Exchange. This first offering of its kind will enable operating companies, investors and other market participants to buy and sell ULR contracts to use a portfolio of more than 600 patent assets, including 225 granted patents worldwide, related to organic light-emitting diode (OLED) technology for display screen applications. The portfolio is the result of nearly 20 years of research in the field by a market leader. IPXI will conduct two public web-based presentations, the first of which will be on June 5, 2013, at 10 a.m. CT, that will unveil the OLED ULR contract offering, present important offering details and mark the beginning of the marketing campaign leading to trading on the Exchange. Those interested in participating in the webinar can register here. Participants will have the opportunity to submit questions and comments prior to and during the webinar, which will be addressed as time permits following the presentation.

While perhaps not widely known by patent attorneys in the day-to-day trenches, Pappas is well known both at the Patent Office and in Washington, DC more broadly. And although Pappas is not a patent attorney, upon joining the Patent Office in 2009, he became an important and influential player in the patent community. He will leave the Office at the end of June 2013 to pursue other opportunities.

Steve Kunin is the head of Oblon’s Post Grant Patent Proceedings practice group, and is also on the firm’s Management Committee. He is also a friend. For several years now I’ve been getting together with Steve for lunch periodically to talk about a variety of patent issues. On May 6, 2013, we sat down for a wide ranging discussion about patents, ranging from post grant proceedings to secret prior art to the Supreme Court and the Economic Espionage Act. Of course, we ended with several fun topics including discussion of the Washington Nationals and must-see Sci-Fi summer movies.

Johnson & Johnson is a very respected brand in the consumer medical devices and pharmaceutical goods industries. Well known for its highly recognizable personal care products, including Band-Aids, Neutrogena and Tylenol, Johnson & Johnson is also a major player in other healthcare fields. Many patent applications published by the USPTO pertain to Johnson & Johnson’s extensive lineup of medical cosmetic products. One application would protect a dermabrasion kit with a detachable head for sensitive skin, and another was filed to protect a system of manufacturing bacteria-resistant contact lenses. Two other recent patent applications that we feature here are for punctal plugs and eye misting devices that can deliver medication directly to the body through the incredibly permeable membranes within the eye.

Jeffery Lewis, who is the President of the American Intellectual Property Law Association (AIPLA), sent a letter to Sylvia Matthews Burwell, who is the Director of the Office of Management and Budget (OMB). In this letter Lewis, speaking on behalf of the AIPLA and its 15,000 members, challenged the legal interpretation of the budget cuts the Obama Administration says are required of the USPTO thanks to sequestration.

Today at IPWatchdog, we’re going back to take a closer look at U.S. Patent & Trademark Office patents and patent applications assigned to Qualcomm Incorporated. One area in particular that receives a lot of focus from Qualcomm’s research and development functions is efficiency improvements to wireless network connections. Patent applications filed by Qualcomm and published recently by the USPTO seek to protect new systems of digital file sharing and power management during sleep mode, both of which conserve device battery resources. A patent awarded to Qualcomm this month protects a system of maintaining a data session for applications even if a network connection is lost momentarily.

Qualcomm’s other patent applications showcase a focus on improving device systems internally through better components or communication protocols. One such patent application describes a method of improving ultrasound reception for the use of a digital stylus. The last patent application covered by IPWatchdog in this column describes a system of controlling interference on wireless networks.

In a one-page memorandum to the Patent Examining Corps dated May 13, 2013, Deputy Commissioner for Patent Examination Policy Drew Hirshfeld had a simple message to respond to the Federal Circuit’s en banc non-decision in CLS Bank v. Alice Corp. The message was this: “there is no change in examination procedure for evaluating subject matter eligibility.”

Critics argue that pharmaceutical patents are a barrier to wide-reaching access to medicines, especially for vulnerable populations in the developing world. They cast their argument in the phrase, “Patents Kill” and advocate against intellectual property (IP) protection for medical innovation and the trade agreements that incorporate them… Not surprisingly, barriers to access are more prevalent in less developed nations and access to medicine is a function of the level of economic development. Not surprisingly, higher-income nations benefit from greater access to medicines.

Last week the United States Patent and Trademark Office (USPTO) announced in the Federal Register that it would modified the After Final Consideration Pilot Program (AFCP) to create the After Final Consideration Pilot Program 2.0 (AFCP 2.0). The goal of AFCP 2.0 is much the same as it was when the USPTO initially introduced the precursor AFCP. According to the USPTO, the goal of AFCP 2.0 is to reduce pendency by reducing the number of RCEs and encouraging increased collaboration between the applicant and the examiner to effectively advance the prosecution of the application. There are, however, three differences between old and new AFCP.