Intellectual Property Owners Association

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Past Week’s Daily News™

Friday, May 27, 2016 12:45 pm

Federal Circuit Summaries Logo

* DISTRICT COURT CORRECTLY CONSTRUED PATENT CLAIM LIMITATION FOR MOUNTABLE DIGITAL PICTURE FRAME AS REQUIRING INTRINSIC MOUNTING FEATURE

Profectus Technology, LLC v. Huawei Technologies, Co. 15-1016 — Yesterday, in an opinion by Judge REYNA, a split Federal Circuit upheld a district court summary judgment of no infringement. Profectus’s patent claimed mountable digital picture frames for displaying digital images. Profectus alleged infringement against many manufacturers and sellers of tablet computer devices. At issue was the meaning of the limitation “mountable.” Profectus argued the term meant “capable of being mounted.” The district court concluded that there must be some “intrinsic mounting feature.”

The district court’s construction was supported by the claims and specification. The claims did not include words like “capable of,” “adapted to,” or “configured to” that would embrace Profectus’s expansive construction. Every embodiment in the specification included a feature for mounting the digital picture frame to a wall or tabletop. Judge MOORE, dissenting, agreed with the claim construction but argued that there was a genuine issue of material fact that precluded summary judgment for several defendants. Specifically, there was evidence that certain accused devices included communication ports, which functioned to mount them on docking stations.
(1 to 4 stars rate impact of opinion on patent & trademark law)

Intellectual Ventures Logo

INTELLECTUAL VENTURES SPONSORS IP VIDEO CONTEST

IPO Education Foundation thanks Intellectual Ventures for continuing its support of the IP Video Contest by sponsoring an award for the 2016 competition. The Video Contest teaches students and young adults about the importance of intellectual property. Contest winners receive $5,000 in cash prizes or scholarships. Check out www.ipvideocontest.com for more information.

IP IN THE MASS MEDIA

Jury Finds Google’s Use of Java Did Not Infringe Oracle’s Copyright

Yesterday a jury in California found that Google did not infringe Oracle’s copyright by using its Java programming language in the Android operating system without a license. Google’s use of the language constituted fair use. (Wall Street Journal)

German Court Finds Dental Direkt Infringed 3M Patents

Yesterday a German court found that Dental Direckt GmbH infringed two 3M patents on tooth color-matching technology for ceramic dental restorations. (Minneapolis Star Tribune)

VirnetX Moves to Shut Down Apple’s Facetime, iMessage

On Wednesday VirnetX asked a judge in the Eastern District of Texas to order Apple to shut down its Facetime, iMessage, and VPN on Demand and to increase the damages a jury awarded in February after finding that the Apple products infringe four VirnetX patents. (Ars Technica)

REGISTER FOR IPO’S ADVANCED ITC LITIGATION CLASS ON JUNE 10 IN CHICAGO, IL

IPO’s U.S. ITC Committee is hosting a one-day program on examining developments in Section 337 litigation before the U.S. International Trade Commission (ITC). Through a series of in-depth modules, building on an introductory overview to acclimate those unfamiliar with Section 337 investigations, participants in this course will enrich their understanding of current strategy and tactics and brush up on basic practice points. Featured speakers include ITC Commissioner F. SCOTT KIEFF and Administrative Law Judge THOMAS BERNARD PENDER. The conference will take place on Friday, June 10 in Chicago, IL. Visit the website for more information or to register.




Thursday, May 26, 2016 12:55 pm

 

Anil Jha - 300

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ANIL JHA: HOW PATENTS HELPED TO CREATE A MORE

EARTH-FRIENDLY WATER TREATMENT OPTION

ANIL JHA has been dubbed a “water technology visionary” for his role as inventor of “electrodeionization”—a method of purifying water using electricity instead of chemicals. The technology has proven particularly useful in a number of industries and recently has expanded into the residential market. Mr. Jha is a named inventor on over 100 international and about 30 U.S. patents. In this latest Innovator Insights interview, he explains how patents gave him the credibility he needed to bring his inventions to the world.

Federal Circuit Summaries Logo

* *PATENT OWNER IN INTER PARTES REVIEW MUST SHOW SUBSTITUTE CLAIMS PATENTABLE OVER PRIOR ART OF RECORD

In re: Aqua Products, Inc. 15-1177 — Yesterday in an opinion by Judge REYNA, the Federal Circuit upheld the USPTO’s denial of Aqua’s motion. Aqua’s claims were for automated swimming pool cleaners. In an inter partes review (IPR), the Patent Trial and Appeal Board denied Aqua’s motion to amend certain claims because Aqua did not meet its burden of establishing that the amended claims were patentable over the prior art of record. Aqua argued that placing the burden on the patentee was not supported by the statute and that the Board abused its discretion in failing to consider Aqua’s objective indicia of non-obviousness.

The Federal Circuit said that the court’s precedent has upheld the Board’s approach of allocating the burden to the patentee and that the panel could not revisit this question. The Board did not abuse its discretion because Aqua failed to argue how the objective indicia distinguished the proposed claims over the art of record. “To hold otherwise would require the Board to fully reexamine the proposed claims in the first instance, effectively shifting the burden from the patentee to the Board.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

U.S. COPYRIGHT OFFICE REQUESTS COMMENTS ON PROPOSED FEE FOR DMCA AGENT DESIGNATION

Yesterday the U.S. Copyright Office published a Federal Register notice requesting public comments on a new electronic system for designating agents to receive notice of infringement as required under the Digital Millennium Copyright Act (DMCA). The new system will permit online service providers to designate agents more efficiently and the public to search for them more easily in an online directory. The Copyright Office is seeking comments only on the fee that should be charged for the new system. The Office currently charges $105 for designation of an agent. With the new system, the Office proposes to lower that fee to $6 per designation. Written comments are due June 24. IPO’s Copyright Committee will be studying the notice.

IP IN THE MASS MEDIA

Huawei Sues Samsung on Cellular Network Patents

Yesterday China’s Huawei Technologies Co. sued South Korea’s Samsung Electronics Co. in the U.S. and China for infringing 11 patents on a cellular network protocol for 4G LTE networks. (Wall Street Journal)

Op-Ed Discusses Statutory Damages for Copyright Infringement

Yesterday The Hill published an op-ed by GEORGE FORD, chief economist of the Phoenix Center for Advanced Legal and Economic Public Policy Studies, supporting the current system of statutory damages for copyright infringement.




Wednesday, May 25, 2016 12:58 pm

IP Chat Channel Logo

TODAY ON IPO’S IP CHAT CHANNEL: LIFE SCIENCE AND SECTION 101: USPTO NEW EXAMINER GUIDELINES

Tune in today, May 25, at 2:00p.m. ET for Life Science and Section 101: USPTO New Examiner Guidelines. Panelists include RAUL TAMAYO (USPTO), COURTENAY BRINCKERHOFF (Foley & Lardner), and KEVIN NOONAN (McDonnell Boehnen Hulbert & Berghoff LLP). IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

IP IN THE MASS MEDIA

Judge Grants Permanent Injunction in Suit on Patent for Media Player Mount

Last week a federal judge in Pennsylvania granted default judgment and ordered a permanent injunction against ten defendants for infringing Innovelis, Inc.’s patent on a mounting device for a media player. (Penn Record)

Forbes Discusses Chinese Company’s US Suit on Hoverboard Patent, Predicts Increase in Patent Litigation by Chinese Companies

Yesterday Forbes published an article titled “Chinese Companies Are Starting to Sue for Patent Infringement Too,” reporting on a suit filed in California by Chinese tech company Hangzhou Chic Intelligent Co. Ltd. against Razor USA LLC claiming that Razor’s Hovertrak infringes its hoverboard patent. Forbes predicts patent suits filed by Chinese companies in the U.S. will increase as those companies focus more on global markets.

STAY CONNECTED WITH IPO

Below are a few ways that you can network with IPO and the IPO Education Foundation. We use these tools to send important updates periodically:

• Become a fan of the IPO Facebook Page.
• Become a fan of the Foundation Facebook Page.
• Follow Intellectual Property Owners Association on LinkedIn.
• Follow @IPO on Twitter.
• Follow @IPOFoundation on Twitter.




Tuesday, May 24, 2016 12:46 pm

REGISTER FOR IPO’S ADVANCED ITC LITIGATION CLASS ON JUNE 10 IN CHICAGO, IL

IPO’s U.S. ITC Committee is hosting a one-day program on examining developments in Section 337 litigation before the U.S. International Trade Commission (“ITC”). Through a series of in-depth modules, building on an introductory overview to acclimate those unfamiliar with Section
337 investigations, participants in this course will build their understanding of current strategy and tactics, as well as brush up on basic practice points. Featured speakers include Commissioner F. SCOTT KIEFF, and Administrative Law Judge THOMAS BERNARD PENDER, U.S. ITC. The conference will take place on Friday, June 10 in Chicago, IL. Visit the website for more information or to register.

IP IN THE MASS MEDIA

Supreme Court Declines to Hear Dow Case on Plastic Film Patent

Yesterday the U.S. Supreme Court declined to hear Dow Chemical Co.’s appeal of a Federal Circuit decision throwing out a $30.5 million damages award in its patent infringement suit against Nova Chemicals Corp. on two patents for plastic film. (Reuters)

Article Advises on Division of IP in Divorce

Yesterday the Austin Business Journal published an article discussing how to allocate intellectual property in a divorce.

SUPPORT IP EDUCATION – SPONSOR THE IP VIDEO CONTEST

The IP Video Contest is a scholarship program created by the IPO Education Foundation to teach teens and young adults the importance of intellectual property. One recent winner said that through the contest he “learned that if you put in the work, it will pay off; flying out to DC and winning a $5,000 scholarship was such an incredible honor. During the Foundation Awards Dinner, I talked with some of the most inspiring people I’ve ever met…It put a fire in my belly to keep going.”

Help the IPO Education Foundation inspire more young artists and inventors by sponsoring a $5,000 award for the IP Video Contest. Learn more about sponsor opportunities and benefits on the Contest website.




Monday, May 23, 2016 12:51 pm

IP Chat Channel Logo

THIS WEEK ON IPO’S IP CHAT CHANNEL: LIFE SCIENCE AND SECTION 101: USPTO NEW EXAMINER GUIDELINES

Tune in to the IP Chat Channel on Wednesday, May 25 at 2:00p.m. ET, to learn more about Life Science and Section 101: USPTO New Examiner Guidelines. RAUL TAMAYO (USPTO) will discuss new examples the USPTO published this month that show how claims for life science inventions should be examined for subject-matter patent eligibility. He will be joined by two experienced life science patent prosecutors, COURTENAY BRINCKERHOFF (Foley & Lardner) and KEVIN NOONAN (McDonnell Boehnen Hulbert & Berghoff LLP).

The panelists will examine four examples, two centering on diagnostics and two on inventions that involve products of nature. Attendees will benefit most if they are already familiar with the examples and refer to them during the webinar. The examples are available here. The panelists will distill the examples into “do’s and don’ts” for patent prosecutors. They will also discuss pending litigation and how the guidelines will need to change if the U.S. Supreme Court denies certiorari in Sequenom — the two diagnostic examples do not apply to that 2015 Federal Circuit decision. IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

IPO SUBMITS COMMENTS ON PROPOSED PATENT QUALITY METRICS

Last week IPO Executive Director MARK LAUROESCH sent a letter to the U.S. Patent and Trademark Office commenting on proposed new patent quality metrics being designed for implementation in 2017. IPO supported the proposed metrics’ focus on correctness and clarity of Office actions and suggested a number of additions to the USPTO’s proposed standardized review form. IPO also suggested that the scope of the proposed metrics be expanded to include correctness and clarity of other USPTO actions including procedural matters.

IPO’s U.S. Patent Office Practice Committee, and particularly Secretary AAMIR HAQ (Hewlett Packard Enterprise Co.) and JOE MALLON (Knobbe Martens), assisted with the comments. KAVEH RASHIDI-YAZD (Siemens) is Chair. Vice-chairs are COURTENAY BRINCKERHOFF (Foley & Lardner), PEGGY FOCARINO (Oblon), and SUNJEEV SINGH SIKAND (RatnerPrestia).

IP IN THE MASS MEDIA

Hungarian Composer Sues Kanye West for Copyright Infringement

On Friday Hungarian composer GÁBOR PRESSER sued rapper KANYE WEST for copyright infringement, claiming West used elements of Presser’s song “Gyöngyhajú Lány” in his song “New Slaves.” (International Business Times UK)

Judge Orders Hell’s Angels in Australia to Post $50,000 Bond to Proceed with IP Case

Last week an Australian judge ordered the Hell’s Angels Motorcycle Corp. in Australia to post a $50,000 bond for costs in its trademark infringement case against Redbubble ASX for the case to proceed. (Sydney Morning Herald)