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IPO Daily News™

Friday, 11 January 2019 8:10 am

* *FEDERAL CIRCUIT UPHOLDS OBVIOUSNESS FINDING IN INTER PARTES REVIEW

Realtime Data, LLC v. Iancu, 18-1154 — Yesterday in an opinion by Judge STOLL, the Federal Circuit upheld a USPTO inter partes review decision rejecting Realtime’s claims as obvious. The patent claimed “[s]ystems and methods for providing lossless data compression and decompression” using dictionary and run-length encoding. Realtime argued that the USPTO erred in finding that a skilled artisan would have been motivated to the combine two references.

The Federal Circuit said that USPTO “was not required to make any finding regarding a motivation to combine” where it determined that the patent was obvious over one of the references alone and HP’s reliance on the second reference was to help explain the first. Moreover, substantial evidence supported a finding of motivation to combine the references given their “striking similarities” and that the first suggested looking to the second for additional information.
(1 to 4 stars rate impact of opinion on patent & trademark law)

USPTO APPOINTS NEW SOLICITOR

Yesterday the USPTO announced the appointment of THOMAS KRAUSE to be Deputy General Counsel for Intellectual Property Law and Solicitor of the USPTO beginning Monday, 14 January. Krause succeeds NATHAN KELLEY, who stepped down last year. Krause has been Deputy Solicitor since 2014 and has worked in the Solicitor’s Office since 2002.

IP IN THE MASS MEDIA

TiVo Executive Argues IP Reform is Necessary and a Bipartisan Issue

Yesterday the Washington Times published an opinion piece by TiVo’s Chief Intellectual Property Officer ARVIN PATEL, who argues that intellectual property reform is necessary to address “innovation-stifling U.S. court decisions” and theft of U.S. companies’ IP in other countries and that is an area “where bipartisan progress is possible.”