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July 30, 2005

Wily Foreign Company Traps

Under the title "China-made chips infringe on no foreign intellectual property", China View reports the highly tuned sensitivities of the Chinese to intellectual property rights.

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Posted by Patent Hawk at 7:06 PM | International

July 28, 2005

On-Sale Bar Fine-Tuned

The Federal Circuit Court of Appeals (CAFC) has tuned the on-sale bar standard for 35 U.S.C. §102(b) in its ruling of Electromotive Division of GM v. Transportation Systems of GE (CAFC 04-1412).

The relevant portion of §102(b), commonly called the on-sale bar, provides for invalidating a patent if "the invention was ... in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States".

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Posted by Patent Hawk at 4:01 PM | Prior Art

July 27, 2005

Wayback

It's still salad days where patent product prior art posted on the Internet might be useful anticipatory art. The problem is that companies continually update their sites with the latest offerings, shucking antecedents.

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Posted by Patent Hawk at 11:47 AM | Prior Art

July 25, 2005

Overcoming §112 ¶ 2 Rejection

35 U.S.C. §112 ¶ 2: "The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention."

Process/method claim rejections may be off-base if the rejection complaint is that the claimed method is not enabling, or even that the claimed method is not self-sufficiently comprehensible.

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Posted by Patent Hawk at 12:05 AM | Prosecution | Comments (1)

July 22, 2005

Unloading the Dice

How issues are framed determines the measures that Congress considers in legislation. Step one for political lobbyists is framing the issue, so as to ease the real task - swallowing the biased proposal for change. Biasing framing the issue leads to a connect-the-dots to the desired change (desired by the lobbyist's client). What a crooked game with loaded dice.

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Posted by Patent Hawk at 12:02 AM | The Patent System

July 20, 2005

Staking a Claim

CNET News published a quite interesting article today: Staking a claim in the patent gold mine. The comedy segment is provided by commenters to the article.

Posted by Patent Hawk at 11:49 AM | Patents In Business

Oh Say Can You See

A Library of Congress report, titled Patent Reform: Innovation Issues, well researched and written by Wendy Schacht and John Thomas, is crucial reading for anyone interested in the U.S. patent system and reform thereof.

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Posted by Patent Hawk at 12:02 AM | The Patent System | Comments (1)

July 18, 2005

Tighten Up

Just a Patent Examiner (JAPE) is a self-deprecatingly titled weblog that is blowing my mind with candor.

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Posted by Patent Hawk at 12:00 AM | Prosecution | Comments (1)

July 17, 2005

Savvy Bill Thompson

Snooping across the puddle, encountered an excellent opinion piece by Bill Thompson about EU software patents, published by BBC News. For the digital literati, check out Bill's weblog, The BillBlog.

Posted by Patent Hawk at 3:45 PM | International

July 16, 2005

Claim Construction Priority Stack

Phillips v. AWH hopefully marks a watershed ruling on claim construction. Let's begin by reviewing the highlights of Phillips v. AWH, then mix in NAC v. Plastipak. To finish the meal with some fruit, some comments on Judges Mayar's and Newman's raspberry in Phillips v. AWH.

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Posted by Patent Hawk at 12:30 AM | Claim Construction

July 15, 2005

Not Dissing Dictionaries

If you saw the adjective "generally" in a patent claim, how would you define it? What method would you use for claim construction?

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Posted by Patent Hawk at 12:07 AM | Claim Construction

July 14, 2005

Microsoft Grovels For Longhorn

The way to get Microsoft to bend over and pay out in a patent case is to flash some strong cards on a technology that Microsoft really cares about. The two gazillion-dollar money-spinners that Microsoft really cares about: its OS, and Office. Alacritech had a decent patent poker hand to play against Microsoft, holding patents for faster networking that were being sewn into Longhorn, Microsoft's upcoming OS.

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Posted by Patent Hawk at 12:21 AM | Litigation

July 13, 2005

Incredible Weasels

Make no mistake - Microsoft regularly exhibits psychopathic behavior, with little regard for the comity of corporate social responsibility. Here we have another little chip on the pile of evidence for that characterization.

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Posted by Patent Hawk at 5:45 PM | Litigation

July 12, 2005

Dissing Dictionaries

In a long-awaited en banc appeals court ruling, which drew numerous amicus briefs, the CAFC inks an overwrought claim construction classic over the meaning of the term "baffles," declaring a priority stack, from intrinsic to extrinsic evidence, for construing disputed claim terms. Dissent finds the surface shiny, and the core rotten.

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Posted by Patent Hawk at 5:45 PM | Claim Construction

July 10, 2005

Do you want kimchi with that?

The South Korean government was planning on testing a new system to identify fake resident registration cards. Not so fast.

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Posted by Patent Hawk at 12:00 AM | International

July 8, 2005

U.S. News & Jackass Report

U.S. News & World Report is an exemplary case study in American news periodicals, particularly its descent from being one of America's few respected "hard" news journals in the 1960's into something else entirely: "People" for business people, by the end of the 1970's. Of course, circulation and popular taste dictate success; hence the change in "tone". Decades later, the slide continues; at least some things are predictable.

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Posted by Patent Hawk at 10:10 AM | Prosecution

Hypothetical Projections

Honeywell sued Hamilton Sunstrand Corp. (“HSC”) for patent infringement. Never mind the technicalities; the juicy fruit relates to infringement damage calculation, specifically "...the question presented to the court is whether sales projections that were unavailable at the time infringement began may be used as a royalty base to calculate damages." (District of Delaware July 5, 2005 decision in case 03-1153)

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Posted by Patent Hawk at 12:00 AM | Damages | Comments (1)

July 7, 2005

Printing Money

DataTreasury has a license to print money, in the form of two patents: 5,910,988 and 6,032,137. "Check 21" is a federal law, effective October 2004, which requires that paper checks become replaceable by digital versions. Essentially, DataTreasury patented the law.

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Posted by Patent Hawk at 9:31 AM | Patents In Business

July 6, 2005

EU Software Patent Goose Cooked

The European Parliament rejected harmonization of software patents throughout the EU by a vote of 648 to 14. Oliver Drewes, a spokesman for EU Internal Market Commissioner Charlie McCreevy, told a news conference: "Patents will continue to be issued by national patent offices and (the) European patent office under existing law... It means fragmentation. It means 25 different systems competing ... and less clarity for operators and for member states."

Posted by Patent Hawk at 4:55 PM | International

Strasbourg Foie Gras

Strasbourg, in eastern France, is famous for pâté de foie gras. On Wednesday, July 6, it's going to be famous, or infamous, depending on point of view, for a different sort of pâté - software patents for Europe. Just like pâté de foie gras, someone's goose is going to be cooked, or so the opposing sides on this issue think.

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Posted by Patent Hawk at 12:01 AM | International

July 5, 2005

Prosecution Estoppel - A Sea Change

Seachange sued C-COR for patent infringement (5,862,312) for a video server system. The district court found for Seachange, and the Appeals Court (CAFC) (04-1375), in a sea change finding of non-infringement, tilted for C-COR, based upon prosecution estoppel that significantly limited the scope of the asserted claim.

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Posted by Patent Hawk at 12:00 AM | Case Law

July 3, 2005

Impermissible Hindsight

The issue pondered is to what degree patent examiners understand case law with regard to 35 U.S.C. 103(a), particularly combining prior art references as a basis to reject claims. Anecdotal personal experience is stacking up that examiners are willy-nilly silly when it comes to combinations - that is, impermissible hindsight comes easy.

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Posted by Patent Hawk at 2:21 PM | Prosecution