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July 31, 2006
Non-Profit Patent Profit
The
Bayh-Dole Act of 1980 allowed universities and other non-profit institutions to
retain ownership of patents from federally-funded research. It turned
universities, hospitals, and research institutions into invention hothouses,
and patent monetizers.
Continue reading "Non-Profit Patent Profit"
Posted by Patent Hawk at 12:31 AM | Patents In Business
July 28, 2006
Prudent Rambus
Rambus
took the bird in the hand, accepting a lowered damages award in its infringement
case against Hynix Semiconductor for infringing computer memory patents.
Continue reading "Prudent Rambus"
Posted by Patent Hawk at 3:08 PM | Damages
July 27, 2006
Pay Grade
Facing
high attrition for admittedly scare human resources, a sensible employer
would do its best to be competitive, and offer a hospitable
work environment. Not the patent office.
Posted by Patent Hawk at 10:54 AM | The Patent Office
July 26, 2006
Wireless & Witless
Wireless
Agents appealed a district court denial of preliminary injunction in its suit
against Sony Ericsson Mobile Communications, pressing
6,665,173. The spat was over preliminary claim
construction, with the district judge hinting heavy that Wireless' case was
groundless, and the appeals court [CAFC
06-1054] rubbing it in.
Continue reading "Wireless & Witless"
Posted by Patent Hawk at 1:46 PM | Claim Construction
Anti-Nano Pendency
There
is a surging wave of research in nanotechnology - a catch-all for tiny
structures with broad applicability in other technologies. In other words,
nanotech is a catalytic technology, possibly seminal in this country maintaining
its competitive edge internationally. In that regard, one big problem is the
USPTO.
Continue reading "Anti-Nano Pendency"
Posted by Patent Hawk at 12:10 AM | Patents In Business
July 24, 2006
East Texas Prospecting
Dusty
from riding down to Marshall to file against some patent rustler in the
Eastern District of Texas, you'll
want a place to take off your boots and sleep, a livery for your horse, and a
saloon to ease the tension. Oh, and maybe some temporary office space.
Continue reading "East Texas Prospecting"
Posted by Patent Hawk at 4:37 PM | Litigation
July 23, 2006
DirecTV To Appeal
DirecTV,
its
ticket punched a couple of weeks ago for $78.9 million for infringing a
Finisar patent, follows in the fubar footsteps of
Research In Motion and
Boston Communications, vowing to appeal.
Continue reading "DirecTV To Appeal"
Posted by Patent Hawk at 10:13 PM | Litigation
Boston Freedom
What
a difference a settlement makes.
Freedom Wireless
has a patented system for tracking pre-paid wireless phone usage (5,722,067), for which
Boston Communications et al were sued for
infringement. Futilely, to the sound of tiny, inaudible violins, Boston had
cried prior art invalidity, and spat "patent troll" at Freedom. A jury tagged
Boston Communications $128 million for infringement, including
Boston-indemnified co-defendants. Boston appealed, but Friday wisely gave up
that ghost.
Continue reading "Boston Freedom"
Posted by Patent Hawk at 7:29 PM | Patents In Business
July 22, 2006
Inventive Towns
In
a rare homage to patent protection, the Wall Street Journal in its weekend
edition spotlights towns where individual inventors seemingly cluster and bloom:
"The
Most Inventive Towns in America."
Continue reading "Inventive Towns"
Posted by Patent Hawk at 1:04 PM | Patents In Business
July 21, 2006
Backyard Prior Art
Jumpsport
sued Jumpking, and other defendants, for
infringing trampoline patents
6,053,845 and its continuation
6,261,207. Mixed verdict; the item of interest is the
continuation of broad latitude in what constitutes prior art; in this case,
public use.
Continue reading "Backyard Prior Art"
Posted by Patent Hawk at 12:58 PM | Prior Art | Comments (1)
July 20, 2006
USPTO Management Lambasted
The
U.S. House budget committee responsible for appropriations to the patent agency
succinctly
describes, from a bird's-eye view, how
fubar the PTO is.
Continue reading "USPTO Management Lambasted"
Posted by Patent Hawk at 3:20 PM | The Patent Office
July 19, 2006
Rambus Damages Axed
Rambus
successfully sued Hynix Semiconductor for patent infringement, and was awarded $307
million in damages by a jury. Calling that sum "exaggerated," presiding judge
Ronald Whyte reduced the award (court
order) on Monday to $133.6 million.
Continue reading "Rambus Damages Axed"
Posted by Patent Hawk at 12:44 PM | Damages
July 18, 2006
Stem Cell Brouhaha
Research
using stem cells hold the promise of ultimately treating numerous diseases. But, in this country,
federal funding for that research has
been thwarted by religious fanatics with highly placed political connections.
And now, even as the
Senate
passed a bill increasing federal
funding for stem-cell research, to which
a presidential veto is threatened, yet
another roadblock to stem-cell research apparently looms.
Continue reading "Stem Cell Brouhaha"
Posted by Patent Hawk at 12:32 PM | Patents In Business
July 15, 2006
Young Punk Wanderlust
Examiners
harp that employee turnover at the patent office results from the regime and
conditions imposed upon them; the common story when any
organization suffers high attrition. But, according to office management, newly
hired Millennial-generation examiners leave, not for better pay or less
stress, but owing to professional wanderlust, itself a hallmark of their
generation. Agency employees in their 20s were amused to read of their presumed
mores.
Continue reading "Young Punk Wanderlust"
Posted by Patent Hawk at 10:40 AM | The Patent Office
Tax Patent Hearing
At
the House Ways & Means Select Revenue Subcommittee hearings Thursday over tax
patents, USPTO mouthpiece, General Counsel James "The Mouse That Roared" Toupin
said, in essence, "not our problem."
Continue reading "Tax Patent Hearing"
Posted by Patent Hawk at 12:00 AM | The Patent System
July 14, 2006
Aussie Wi-Fi Strong-arm
Australia's
national science agency, CSIRO (Commonwealth
Scientific and Industrial Research Organisation), fumbled all over in trying to
license
5,487,069, which claims IEEE
standards 802.11a & 802.11g, Wi-Fi, for wireless LAN (local area networks).
When its U.S. corporate targets Dell, Intel, HP, Microsoft and Netgear sought
declaratory judgment, CSIRO tried to evade court action by declaring itself
immune from suit under the Foreign Sovereign Immunities Act (FSIA). [CAFC
06-1032]
Continue reading "Aussie Wi-Fi Strong-arm"
Posted by Patent Hawk at 3:21 PM | Litigation
July 13, 2006
No Rest
Flex-Rest
sued Steelcase for infringing patents
for computer keyboard rests (5,709,489
&
5,961,231). Flex-Rest's case followed the nightmare cliché: "The plaintiff's
best day is the day they file."
Posted by Patent Hawk at 1:42 PM | Litigation
July 12, 2006
PTO Web Chat Snafu
Today's
intra-patent office news: "Because of technical difficulties with our software
program, today's web chat on telecommuting programs with Under Secretary Dudas
was suspended." Over 300 people had logged in for today's chat.
Continue reading "PTO Web Chat Snafu"
Posted by Patent Hawk at 7:24 PM | The Patent Office
Counterfeit Concern
News
reports [e.g. 1,
2] that computer gamers
have their panties in a twist over
6,816,972, one of Sony's copy protection patents aimed at protecting
intellectual property rights.
Continue reading "Counterfeit Concern"
Posted by Patent Hawk at 12:07 PM | Patents In Business | Comments (2)
July 11, 2006
Tax Patents
The
House Ways & Means Select Revenue Subcommittee is holding hearings Thursday into
patents claiming tax processes. The worry is whether such patents contribute to
tax avoidance (as in: duh), and whether it could make the IRS's job of blocking
tax shelters more difficult.
Continue reading "Tax Patents"
Posted by Patent Hawk at 10:19 PM | The Patent System
July 10, 2006
IDS Revision
The patent office, singing the John Doll theme song to applicants of "do some work for us," is proposing changes to information disclosure statement (IDS) requirements, according the Monday's Federal Register.
Continue reading "IDS Revision"
Posted by Patent Hawk at 6:17 PM | Prosecution | Comments (3)
Vonage's Patent Woes & Weapon
Klausner
Technologies slapped Vonage with its third
patent infringement suit in less than a year, filing in the Eastern District of
Texas for $180 million in damages, for
5,572,576, on Internet voicemail services technology. Separately, Vonage
acquired counterclaim capability in its infringement suits from
Verizon
and Sprint, its other patent nemeses.
Continue reading "Vonage's Patent Woes & Weapon"
Posted by Patent Hawk at 2:48 PM | Litigation
Acacia's CEO Interviewed
CNET News displays its bias
in "Have
patent, will sue," an interview with Paul Ryan, CEO of
Acacia Technologies.
Continue reading "Acacia's CEO Interviewed"
Posted by Patent Hawk at 1:06 PM | Patents In Business
July 9, 2006
Another Acacia Sweep
As
of Friday, ace patent holding company
Acacia settled with all six
defendants against which it had asserted
4,937,743, which claims resource scheduling software, specifically oriented
towards health care providers.
Continue reading "Another Acacia Sweep"
Posted by Patent Hawk at 4:17 PM | Patents In Business
July 8, 2006
The First Patent Office Building
The
July issue of the Smithsonian magazine has an interesting article titled
Back To
The Future on the history and recent renovation of the original patent
office building.
Posted by Patent Hawk at 4:55 PM | The Patent Office
July 7, 2006
Willful TV
In
June, DirecTV got beamed
$78.9 million for infringing
5,404,505, a Finisar patent on digital
transmission. Now DirecTV has been found to have willfully infringed, adding $25
million to the tab, plus 6% interest since April 4, 1999 ($12m), and an ongoing
royalty of $1.60 per set-top box until the patent expires in 2012.
Posted by Patent Hawk at 11:46 PM | Damages
Exhaustion
LGE
sued several OEMs for patent infringement in selling computer systems. The OEMs
had bought Intel microprocessors, which where under LGE license, but then
combined them with non-licensed components. The license excluded such
combination, thus opening the door for infringement assertion. But an 1873
ruling states that "[A]n unconditional
sale of a patented device exhausts the patentee's right to control the
purchaser's use of the device thereafter," providing the basis for the district
court to grant summary judgment of noninfringement on system claims. There were
also claim construction disputes. The appeals court differed from the district
court in instances, particularly in regard to patent exhaustion.
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