October 30, 2013
7,214,017 was shipped into reexamination by a competitor to its owner: Randall Manufacturing. While the examiner rejected numerous claims, the patent board couldn't see a motivation to combine references. But the CAFC could, finding the failure to do so "a blinkered focus."
October 22, 2013
Screwed to the Bone
In re Biedermann is exemplary of the USPTO's arrogant disregard for the law, and even decency to patent applicants. Lutz Biedermann and Jurgen Harms tried to patent a bone screw. The patent board concocted a new rejection, but refused to give applicants the proper opportunity to argue against it. On appeal, the CAFC vacated and remanded (CAFC 2013-1080), reminding the curmudgeons at the patent office to show the passing semblance of fairness.
October 13, 2013
Broadcom nailed Emulex for infringing 7,058,150, claiming a data transceiver. On appeal, the CAFC twisted now canonical case law regarding obviousness handed down by the Supreme Court in KSR v. Teleflex (2007). Thus the CAFC continues to build self-contradictory case law.
October 9, 2013
In Kruse v. Volkswagon (CAFC 2012-1352), the corrupt courts couldn't cotton to a decent claim construction. The disputed term went to combustion. In dissent, CAFC Judge Wallach observed blackletter law with: "The construction that stays true to the claim language and most naturally aligns with the patent's description of the invention will be, in the end, the correct construction." In this case, the CAFC construction violated every principle. Wallach: "A construction that excludes disclosed embodiments, violates the doctrine of claim differentiation, and invalidates a dependent claim cannot stay true to the claim language and the written description of the invention."
October 2, 2013
There is a natural order, and it must be defended. So, as part of a concerted campaign by the Obama administration, Congress and the courts, to reserve profiting from patents to corporations, the Federal Trade Commission (FTC) plans, using their subpoena power, to persecute "patent trolls": a deprecating term used to describe patent-holding companies which are not respected by the political establishment, as they nick their revenues from favored corporations. The FTC's investigation is intended to intimidate and drain the reserves of these patent-holding companies, so as to drive them out of business. Failing that, the FTC can apply further pressure by launching an antitrust enforcement effort.