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December 31, 2005

China Patent Update

According to an official press report from China, patent applications in China for 2005 are expected to be around 110,000. This past year, 378,000 utility patents were filed in the U.S.

Continue reading "China Patent Update"

Posted by Patent Hawk at 12:11 AM | International

December 29, 2005

New China IP Weblog

IP Dragon is a new weblog focused on intellectual property activities in China. If they keep up with the sassy capitalist running dog pro-foreigner coverage, as in today's post, no doubt they'll be banned in China in no time. You go, dragon bloggers!

Posted by Patent Hawk at 3:31 PM | International

Japan To Up Patent Infringement Penalties

The Japan patent office has decided to seek legislation next year to update its maximum patent infringement penalties for companies, from ¥150m ($130 million) to ¥300m ($258m). The patent office is expected to request a maximum penalty for patent infringement by individuals of ¥5m ($4.3m) and up to five years in prison. The penalties exclude licensing fees. The changes sought would take effect in 2007.

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Posted by Patent Hawk at 10:27 AM | International | Comments (1)

Nokia Tab Confirmed

The US District Court for the Southern District of New York confirmed a June ruling by the International Court of Arbitration, ordering Nokia to pay $252 million in patent royalty fees to InterDigital for the years 2002 through 2006.

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Posted by Patent Hawk at 10:03 AM | Patents In Business

December 28, 2005

In The Body

Cannon Rubber sued The First Years (TFY) for infringing 5,749,850, which claimed a breast pump for pumping milk from the breast of a nursing mother. Under appeal review (CAFC 05-1063), the critical issue for infringement was claim construction of the phrase "in the body", referring to the location of a diaphragm used in the pump.

Continue reading "In The Body"

Posted by Patent Hawk at 11:59 AM | Claim Construction

December 27, 2005

Poker-Faced Injunction

Shuffle Master sued VendingData for infringing 6,655,684 claim 20, for a card shuffling and dealing device. The two sides differed over a crucial claim construction term: what constitutes forming a "set of cards". VendingData was found by the district court of Nevada to be holding the wrong set of cards, and slapped it with a preliminary injunction. Not so fast, cried VendingData to the appeals court (CAFC 05-1203).

Continue reading "Poker-Faced Injunction"

Posted by Patent Hawk at 11:19 AM | Claim Construction

December 23, 2005

Japan Patent Office Update

Japan is working on improving and expediting its examination processes by increasing the number of examiners, outsourcing, and urging industry to be selective in filing applications.

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Posted by Patent Hawk at 1:37 PM | International

December 22, 2005

NTP on the ReExam Ropes

The NY Times reported that the patent office, in a letter dated November 30, sent along with a rejection of extension of time for reply, has already told both NTP & RIM that a reexamination final rejection of NTP's patents is pending. "The patent owner's arguments are deemed nonpersuasive... The next office action is expected to be a final rejection of all current claims."

Continue reading "NTP on the ReExam Ropes"

Posted by Patent Hawk at 11:02 AM | Prosecution | Comments (1)

December 21, 2005

Thicket Headed

BeavisWeek seems dedicated to publishing absurd opinions about patents. This week's scatological blunder, "Cutting Through the Patent Thicket", is by Greg Blonder, who claims to have grown up with patents, but still doesn't seem to understand them.

Continue reading "Thicket Headed"

Posted by Patent Hawk at 12:56 AM | The Patent System | Comments (6)

December 20, 2005


Dr. Nicholas V. Perricone was granted 5,409,693 and 5,574,063 for a vitamin C lotion to prevent and treat sunburn. In suing Medicis Pharmaceutical Corporation for infringement, the patents got singed.

Continue reading "Sunburned"

Posted by Patent Hawk at 2:59 PM | Litigation

December 19, 2005

Used Where?

RIM continues to grasp at straws to avoid paying NTP for patent infringement. Late last week RIM again appealed to the Supreme Court to save its bacon.

Continue reading "Used Where?"

Posted by Patent Hawk at 12:03 AM | Litigation | Comments (1)

December 17, 2005

Mr. Walkman

The NY Times today profiled Andreas Pavel, who invented the Walkman, claimed in 4,412,106 and 5,201,003. His story of patent enforcement is sad, and may be all too common. Oddly, even ironically, as Andreas obviously values the publicity given him for patenting, he says, "I don't want to be reduced to the label of being the inventor of the Walkman."

Continue reading "Mr. Walkman"

Posted by Patent Hawk at 1:41 PM | Patents In Business | Comments (8)

Patent Office Plays Politics

Defying its own regulations, the patent office is only giving NTP 30 days, instead of the customary 60 days, to reply to the non-final rejection of its patents in the re-examination initiated by infringer Research in Motion (RIM). In case you just dropped in from another planet, NTP sucessfully sued RIM for patent infringement, and RIM has been fighting that reality tooth and nail.

Continue reading "Patent Office Plays Politics"

Posted by Patent Hawk at 12:21 AM | Prosecution | Comments (4)

December 16, 2005

Ivory Tower Patent Reform

Three law professors have proposed a bifurcated quality patent examination system: vetted and niggardly.

Continue reading "Ivory Tower Patent Reform"

Posted by Patent Hawk at 12:07 AM | The Patent System | Comments (3)

December 15, 2005

Gorilla Warfare

After slapping a lawsuit against Microsoft for patent infringement Wednesday, wireless email provider Visto CEO Brian Bogosian, doing his best King Kong impersonation, thumped his chest and bellowed, "They're going to have to satisfy our requirements for playing in this market. Really, more important than money at this point, is receiving an injunction." Look at that little monkey go after the 800-pound gorilla!

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Posted by Patent Hawk at 3:40 PM | Litigation

Yahoo! Licenses JPEG Patent

Walking away from further litigation with a lighter wallet, Yahoo! is inking a patent licensing agreement with Forgent Networks over the notorious JPEG patent (4,698,672), which has raked in $105 million in licensing fees.

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Posted by Patent Hawk at 1:26 PM | Litigation

BIAX Rides Again

Riding into the popular showdown corral in the dusty Eastern District of Tejas, semiconductor maker BIAX draws against rival Phillips Semiconductor for infringing four of its patents for digital processing systems. The patent infringement bookie puts the odds heavily in favor of BIAX.

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Posted by Patent Hawk at 12:07 PM | Litigation | Comments (1)

December 14, 2005

Visto Licenses NTP Patents

Wireless email provider Visto signed a licensing agreement with NTP, joining the licensee ranks of Research in Motion (RIM) rivals Good Technology and Nokia, as RIM's Blackberry withers on the vine of infringement.

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Posted by Patent Hawk at 9:09 PM | Patents In Business | Comments (1)

Managing a Portfolio

Companies valuate their patent portfolio as an intangible asset, but that asset is worthless until it becomes tangible.

Continue reading "Managing a Portfolio"

Posted by Patent Hawk at 12:40 AM | Patents In Business

December 13, 2005

King of the Patent Trolls

Acacia Research is a juggernaut of a patent licensing company, gaining momentum as the leader in patent monetization for the worthy few. Acacia just announced acquisition of another portfolio, for monitoring and diagnosing computer information. The technology is already employed by numerous companies, and has already been licensed to some large corporations, so the enforcement pump is primed.

Continue reading "King of the Patent Trolls"

Posted by Patent Hawk at 12:07 AM | Patents In Business | Comments (1)

December 12, 2005


Just finished an assignment from a patent-aware company, looking for whitespace in the patent landscape of financial services, to get a sense of where new patents may be generated. How refreshing from the head-in-the-sand, see-no-evil approach of some companies towards patents.

Continue reading "Whitespace"

Posted by Patent Hawk at 12:01 AM | Patents In Business | Comments (3)

December 11, 2005

Creative Feeling Infringed

Where better to throw the dice than Reno?! Yesterday in Reno, Creative Technology chief executive Sim Wong Hoo, in thinly veiled terms, said that Apple Computer's iPod infringed on Creative's so-called Zen patent (6,928,433) and that the company would be aggressively pursuing a patent infringement case.

Continue reading "Creative Feeling Infringed"

Posted by Patent Hawk at 10:47 AM | Patents In Business

December 9, 2005

NTP & RIM Chat For A Bit

NTP and RIM had been talking settlement with each other through a court-appointed mediator this week over RIM's infringement of NTP's patents. RIM shares surged on the news. But the talks seem to have short-circuited, at least for now. Snorted Dan Stout, NTP co-founder, "It's so far off, it's not negotiation."

Continue reading "NTP & RIM Chat For A Bit"

Posted by Patent Hawk at 3:01 PM | Litigation | Comments (3)

December 8, 2005

2005 USPTO Annual Report

The U.S. Patent & Trademark Office has issued its annual report for 2005. Here's a look at some of the more interesting findings for patents.

Continue reading "2005 USPTO Annual Report"

Posted by Patent Hawk at 1:02 AM | The Patent Office

December 7, 2005

Taking It To The ITC

Intervideo is seriously trying to pistol-whip Dell with 6,765,788. First, Intervideo sued Dell for patent infringement. Now it's taking it to the U.S. International Trade Commission (ITC).

Continue reading "Taking It To The ITC"

Posted by Patent Hawk at 12:36 PM | Litigation

December 6, 2005

Getting Carded

1986 vintage 4,777,354 doesn't have much life left, but it's going out like a kicking mule. Inventor Barry Thomas is going for the gusto.

Continue reading "Getting Carded"

Posted by Patent Hawk at 7:08 PM | Litigation

Down to "a"

Norian sued Styker for infringing 6,002,065, which is directed to kits “for preparing rapidly setting calcium phosphate compositions to be used as ‘bone cements’ in medical or dental procedures.” Continuing a losing streak, on second appeal (CAFC 05-1172), Norian got tossed in a narrowing claim construction, down to a single "a".

Continue reading "Down to "a""

Posted by Patent Hawk at 10:30 AM | Claim Construction

December 4, 2005

Patent Ignorance Pending

The L.A. Times had, as one of its unsigned Sunday editorials, "Patent Sanity Pending". Let's pick apart the foolish presumptions therein.

Continue reading "Patent Ignorance Pending"

Posted by Patent Hawk at 2:34 PM | The Patent System | Comments (39)

December 3, 2005

Microsoft Bows to Eolas

In perhaps the final of a series of about-faces for implementing a workaround to infringing the notorious Eolas patent (5,838,906), Microsoft notified multimedia content providers, OEM partners and ActiveX control vendors Friday that the way that ActiveX controls work is going to change, slightly.

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Posted by Patent Hawk at 10:29 AM | Litigation


The prospect of passage of the Patent Reform Act of 2005 will soon expire with the year-end congressional recess, but the impetus for patent reform won't. One driving force is the myth that the current patent system retards innovation by granting bad patents. The issue to address is not an imbalance between promoting innovation and protecting the rights of patent holders, it's in strengthening patent validity by reducing uncertainty.

Continue reading "Uncertainty"

Posted by Patent Hawk at 12:22 AM | The Patent System | Comments (1)