Posts Tagged: "patents"

Nothing has fundamentally changed about the nature of design patents. The first US design patent was granted in 1842. The Statue of Liberty, Coke bottle, Volkswagen Beatle, Stealth Bomber and Star Wars’ Yoda are all protected by design patents. Design patents have long played an important role in consumer electronics, automotive, apparel, jewelry, packaging and other industries. But industrial design is becoming increasingly important, Mr. Kappos explains, because the increasing functionality of man-made devices brings with it increasing complexity, so innovative companies are constantly seeking superior designs, a convergence of form and function that helps make the complex simple and sets their companies apart; and protecting such designs is critical.

As a designer, I just like to be hands on, managing the quality of the work and making sure it communicates exactly what we need it to say. And, I’m the same in preparing for court. I like to create demonstratives and be the one giving tutorials to the court – because live presentations are often the best way to communicate how something works. Another visualization technique that’s really effective is storyboarding. Storyboards can show the change in a system over time. If this is the position of the device and this is what you see on screen at time T1, then at time T2, this is the position of the device and this is what you see on screen. And then at time T3, this is the position of the device and this is what you see on screen. Describing actions with pictures removes ambiguity about the user experience and establishes some defense of how the system is claimed to operate.

This month, the USPTO has published many Apple patent applications that are specifically for improvements to the technology developer’s mobile devices. These include a more secure system of connecting an iPhone to a computer and two new applications, one for easily creating social groups among acquaintances and another for students who wish to enroll in online courses. Apple also wants to protect a system of pre-processing images to create and store thumbnails that are accessed by image applications.

Late yesterday I was contacted via telephone by a representative of Google about my article titled Is Patent Litigation Really a Problem for Big Tech? I was told during that telephone conversation that I misunderstood what Suzanne Michel said during the symposium at American University. I was also told that Google does not sell patents to patent trolls, although other big tech companies do, which concerns Google. Google has asked for a retraction. I am not entirely comfortable with a retraction because I think my interpretation of what Michel said was fair, although I’m willing to accept Google at face value when they tell me that they do not sell to patent trolls.

Are you drunk? No, seriously… are you drinking scotch and whiskey with a side of crack cocaine while you “examine” patent applications? (Heavy emphasis on the quotes.) Do you just mail merge rejection letters from your home? Is that what taxpayers are getting in exchange for your services? Have you even read the patent application? I’m curious. Because you either haven’t read the patent application or are… (I don’t want to say the “R” word) “Special.”

If big tech companies are selling unwanted patents to patent trolls who then turn around and monetize them there are a lot of questions to ask. First, why are they selling to those who then turn around and sue them? There is an obvious solution to this problem, if it is indeed a real problem and not one made up for sake of publicity and swaying public opinion (and political opinion on Capitol Hill). Second, what are they doing selling patents that can be monetized? If they are giving these patents away how is that appropriate at all when the company needs to answer to shareholders? Isn’t the goal of any company to maximize returns for shareholders? Finally, if operating companies are selling to patent trolls then how is it possible that patent litigation is as big a problem as it is claimed to be? Something just doesn’t smell right here, but a room full of symposium attendees were told that big tech companies sells out to patent trolls. Curious.

On March 25, 2013, I spoke on the record with Eric Gould Bear (left) about software innovations, software patents and the trials and tribulations of litigating software patents long after they were first written. In Part I of our interview, titled Designing Into the Path of Disruptive Technology, we discussed the journey from ideas to designs that design a technology platform that could realistically be useful 5, 10 or more years down the road. In Part II of our interview, which appears below, we discuss drafting software patent applications with an eye toward litigation and the unfortunate reality that the top technology innovators simply won’t listen to licensing overtures unless they are first sued.

Today, we’ll take a close look at some of the more intriguing, recent Qualcomm patent applications recently published by the USPTO, many of which show the technology developer focusing on improving mobile network connections. Patent applications released within the last month describe systems of improving mobile device Internet connectivity to peripheral devices, like printers, or while indoors for pedestrian traffic analysis. More efficient means of social network messaging is the subject of another application. A fourth application included here is filed to protect a gesture-based system of interacting with computer projectors. One patent received recently by Qualcomm, and covered below, protects a system of geographically locating computers and other devices connected to the Internet through an IP address, which doesn’t typically contain any geographical data.

It’s important to remember that ideas are a dime a dozen. And what matters at the end of the day, in my mind, is what works well for people. It comes down to making sure that your flash of genius is a fit for what’s valuable to real people in everyday life. Whether in a consumer space or in business, it doesn’t matter. The underlying principles of making great design come down to how people act in the world. How do they think about themselves? What do they feel about your product? What do they think about each other? And where are they running into challenges in either accomplishing things or living life to its fullest. So, if it starts with an idea, I would challenge that premise to begin with – because I believe great design often starts with a question as opposed to an answer.

Recently published patent applications include documents filed to protect a more efficiently designed turbine blade and an electronic sensor that can determine if corrosive forces have damaged a turbine blade. Another application is for a light reflective substance that can help warn birds away from turbine blades, which may at first seem insignificant but a major obstacle in the adoption of wind energy are complaints from environmentalists relating to the number of birds killed each year. GE has also received a few patents recently granting them the legal right to protect certain wind energy system designs. These include a new tapered tip design that increases energy generation efficiency and a new method of pre-assembling internal components to reduce costs.

Where the Federal Circuit is reviewing a validity decision from the district courts, the Federal Circuit reviews the claim construction de novo. The Federal Circuit also chooses not the most likely meaning, but the broadest reasonable meaning for disputed claim language. That is, the claim construction most likely to invalidate the claim in question. Now, we ask whether the same fate is likely to befall claims that are being asserted in a patent infringement action. Asked differently, does the Federal Circuit choose the claim construction most likely to lead to a conclusion of no infringement? Saffran v. Johnson & Johnson seems to suggest that the answer is sadly, yes.

Due to a system issue, the e-Office Action process is currently experiencing a problem with sending emails to external email addresses. Automatic Email notifications have been delayed for e-Office Action participants on 4/24 and 4/25 – emails are currently being sent manually. We are working to resolve this problem and anticipate the e-Office Action program will be working again shortly. In the meantime, please go to the Outgoing Correspondence tab in Private PAIR to check if you have new correspondence from the Office.

Hybrid electric vehicles pose a number of potential environmental and economic benefits that make it an important sector within green technology. Hybrids store an electrical charge in a battery that either reduces the amount of power required from an internal combustion engine or, in the case of all-electric vehicles, powers the entire car. This technology is in many ways still in its early developmental stages, but already some car manufacturers are selling hybrid models that reach 100 miles per gallon of gasoline, according to the U.S. Department of Energy. This reduces the amount of gasoline needed from imports and reduces fossil fuel emissions to almost nil.

The field of clean or green technology is one of those areas where innovation is desperately needed if our planet Earth is to survive as a place where all living things can thrive. But what if a “new” and needed technology is not really new, but rather a new way of doing something which builds on a known (and patented technology where the exclusive protection period has expired)? And, what if the “new” technology cannot find its way to market (i.e. real-world application) unless there is funding? And, what if that funding requires some type of market exclusivity (such as patent protection) be in place first?

Many recent patents and patent applications have been released within the month by the U.S. Patent & Trademark Office that either improve on recycling methods or make better use of recycled material. A fully-recyclable cardboard bicycle that can bear heavy loads is the subject of one application. Halliburton Energy Services has also filed two applications for recycling asphalt and ceramic materials while drilling wells. Another application from fabric developer Tintoria Piana looks to reclaim cotton from old mattresses. Even diesel soot may see more reuse through recycling, thanks to an application assigned to Dearborn Financial. We’ve also found one very interesting patent awarded to a solo inventor from Missouri that can allow for the reuse of rubber from tires through heated vapor distillation.