Patent News | ''Patent search options for technology firms ''

By : Bangkok Post
Sources : http://www.bangkokpost.com
Category : Patent News








Protection of intellectual property (IP) in the form of trademarks, copyrights and patents is on the rise, as greater awareness of IP laws in Thailand has led to increasing numbers of business proprietors seeking to safeguard their valuable IP assets.


In particular, patent protection has become hugely significant in technology-related businesses. It plays a major role in safeguarding newly invented technology. Since patents are protected on a country-by-country basis, it is essential to file a patent application in all countries in which protection is necessary.


To be patentable, an invention must be new (to the world), involve an inventive step (in view of what is already known) and be capable of industrial application. A patent search is a key tool in identifying whether the invention, for which you wish to seek patent protection, has already been made known to the public. The search may be classified into two main categories according to its purpose: (1) prior art search; and (2) non-infringement or freedom-to-operate search.


A prior art search is carried out to determine the patentability of an invention and the grounds for patent invalidation. Such searches are especially beneficial if you are a business owner seeking patent protection for your invention. The results derived from a prior art search provide information on relevant inventions that are known in any prior art documents, including patents, books, journal articles, publications, presentations and other forms of prior public use.


When you are applying for a patent, you can use such inventions as background art for your own invention. Furthermore, you can review similarities between your invention and known inventions, in order to accurately assess whether your invention is patentable (i.e., new and involving an inventive step). Otherwise, your invention may require further modification. It is also possible to use the disclosures on the known inventions to identify defects and undertake necessary improvements to enable your invention to obtain protection under patent law.


While many technology companies would like patent protection for their own invention, some merely wish to utilise their technology without infringing the patent rights of other businesses. If this applies to your business, you should conduct a patent search in the country where you intend to utilise your invention, and obtain a legal opinion on whether any valid patents exist that would encompass your invention. These opinions, referred to as either "non-infringement" or "freedom-to-operate" (FTO) opinions, can be classified into the second category.


The patent search for a non-infringement or FTO opinion is focused on the country where your invention is to be used or commercialised and includes only unexpired patents and patent applications that are under prosecution in that country.


The search duration is usually limited to the patent protection term, which means that it covers 20 years prior to the date the search is conducted. The search examines the language in claims of third-party patents and patent applications, to determine if the claims cover aspects of the invention in question or raise any risk of potential infringement.


Therefore, the keywords used in the search need to be carefully selected so that they encompass all the specific terms (and synonyms) to identify an existing invention in the claims. Once the search result is obtained, a non-infringement or FTO opinion can be prepared, depending on the purpose of the search.


While non-infringement and FTO opinions are very similar, there is one key distinction. On one hand, a non-infringement opinion focuses on a specific patent(s) that you, as the business owner, have become aware of and provides assurance that your invented technology will not infringe such patent(s). A non-infringement opinion is usually recommended when you plan to commercialise an invention that is similar to an existing patented one.


On the other hand, an FTO opinion has a broader scope and addresses the possibility of infringing any patents in force, regardless of whether these are known or unknown to the business owner. This opinion can offer you a degree of assurance that no relevant patents exist that will affect the commercialisation of your invention. This means you are "free to operate" without risk of infringing any third-party patents.


Sources ; http://www.bangkokpost.com/business/economics/293822/patent-search-options-for-technology-firms

Patent News | "Patent search options for technology firms"

By : Bangkok Post
Source : http://www.bangkokpost.com
Category : Patent News

Protection of intellectual property (IP) in the form of trademarks, copyrights and patents is on the rise, as greater awareness of IP laws in Thailand has led to increasing numbers of business proprietors seeking to safeguard their valuable IP assets.

In particular, patent protection has become hugely significant in technology-related businesses. It plays a major role in safeguarding newly invented technology. Since patents are protected on a country-by-country basis, it is essential to file a patent application in all countries in which protection is necessary.

To be patentable, an invention must be new (to the world), involve an inventive step (in view of what is already known) and be capable of industrial application. A patent search is a key tool in identifying whether the invention, for which you wish to seek patent protection, has already been made known to the public. The search may be classified into two main categories according to its purpose: (1) prior art search; and (2) non-infringement or freedom-to-operate search.

A prior art search is carried out to determine the patentability of an invention and the grounds for patent invalidation. Such searches are especially beneficial if you are a business owner seeking patent protection for your invention. The results derived from a prior art search provide information on relevant inventions that are known in any prior art documents, including patents, books, journal articles, publications, presentations and other forms of prior public use.

When you are applying for a patent, you can use such inventions as background art for your own invention. Furthermore, you can review similarities between your invention and known inventions, in order to accurately assess whether your invention is patentable (i.e., new and involving an inventive step). Otherwise, your invention may require further modification. It is also possible to use the disclosures on the known inventions to identify defects and undertake necessary improvements to enable your invention to obtain protection under patent law.

While many technology companies would like patent protection for their own invention, some merely wish to utilise their technology without infringing the patent rights of other businesses. If this applies to your business, you should conduct a patent search in the country where you intend to utilise your invention, and obtain a legal opinion on whether any valid patents exist that would encompass your invention. These opinions, referred to as either "non-infringement" or "freedom-to-operate" (FTO) opinions, can be classified into the second category.

The patent search for a non-infringement or FTO opinion is focused on the country where your invention is to be used or commercialised and includes only unexpired patents and patent applications that are under prosecution in that country.

The search duration is usually limited to the patent protection term, which means that it covers 20 years prior to the date the search is conducted. The search examines the language in claims of third-party patents and patent applications, to determine if the claims cover aspects of the invention in question or raise any risk of potential infringement.

Therefore, the keywords used in the search need to be carefully selected so that they encompass all the specific terms (and synonyms) to identify an existing invention in the claims. Once the search result is obtained, a non-infringement or FTO opinion can be prepared, depending on the purpose of the search.

While non-infringement and FTO opinions are very similar, there is one key distinction. On one hand, a non-infringement opinion focuses on a specific patent(s) that you, as the business owner, have become aware of and provides assurance that your invented technology will not infringe such patent(s). A non-infringement opinion is usually recommended when you plan to commercialise an invention that is similar to an existing patented one.

On the other hand, an FTO opinion has a broader scope and addresses the possibility of infringing any patents in force, regardless of whether these are known or unknown to the business owner. This opinion can offer you a degree of assurance that no relevant patents exist that will affect the commercialisation of your invention. This means you are "free to operate" without risk of infringing any third-party patents.

In Thailand, although a patent search can provide information on inventions that are publicly available, it cannot ensure that there are no other similar inventions, even if the search reveals zero hits. This is because the patent search does not reveal all the inventions filed with the Thai Patent Office; it only reveals those inventions that were allowed to proceed to publication in the official Patent Gazette.

Therefore, it is conceivable that some of the relevant inventions may not be uncovered by a patent search. Nevertheless, a search remains the most important and practical tool in assessing potential patentability and non-infringement of an invention. The scope and depth of the search must be properly determined and carried out in order to give effective and meaningful results that will help your business determine whether to patent.

Source : http://www.bangkokpost.com/business/economics/293822/patent-search-options-for-technology-firms

Patent News | "Apple Patent Application Lends Cre ence to Retina-Display Mac Rumors"

By :  Christina Bonnington
Source : http://www.wired.com
Category : Patent News

It looks like we’ll be getting MacBook Pros with Retina displays sooner than later — that’s the news from an industry expert regarding Apple’s supply chain, and it’s supported by an Apple patent filing describing resolution-agnostic user interface design.

The Apple patent application, simply titled “User-Interface Design,” lends additional support to reports that Apple’s next-generation MacBook Pros and iMacs could feature Retina displays. The filing is a continuation of a 2007 patent application that addresses the engineering challenges intrinsic to graphical elements that are first designed for low resolutions (75 to 100 pixels per inch), but later need to be reformatted for higher resolutions (150 PPI, for example).

The patent posits a method for representing a graphical user interface in a resolution-independent way by storing a set of both resolution-independent and dependent attributes in a single file. This would allow for the creation of “a visual representation of the object at any number of resolutions.” Something like this could potentially be useful in converting UI elements to a higher resolution both in iOS and OS X.

Obviously, the patent application doesn’t directly reference upcoming refreshes to Apple’s hardware line, but it shows the company has always been thinking about the engineering challenges it might face when producing gear with significant variations in display quality.

Another data point comes from NPD DisplaySearch analyst Richard Shim, who has looked at supply chain indicators, and has reported that higher-resolution MacBooks should be on the way.

Shim told Wired that NPD DisplaySearch is seeing activity in the production of two different types of panels: a 13.3-incher and a 15.4-incher, both coming from suppliers that normally make displays for Apple notebooks. The 13.3-inch panel has a 2560×1600 resolution, which amounts to 227 PPI. The 15.4-inch model comes with a 2880×1800 resolution and 220 PPI. That’s double the resolution of current MacBook Pros. Shim said the 15-inch model started production in Q2 this year, and the 13-incher looks like it will begin production in Q3.

When the iPad jumped to a Retina display in the third generation model, the resolution doubled from that of the 2011 iPad 2. “Consumers love Apple’s retina display, so it makes sense to extend it throughout Apple’s product line,” Forrester analyst Sarah Rotman Epps told Wired via email.

Portions of Mountain Lion source code have also hinted that Retina display would arrive in 2012 Mac products. Various insider sources have confirmed the Retina display upgrade to a number of different outlets. And ABC News reported that in addition to MacBook Pros, the iMac line would also be getting a high resolution refresh.

Source : http://www.wired.com/gadgetlab/2012/05/retina-display-macbook-reports/

Patent News | "MetroPCS Settles Patent Litigation with Klausner Technologies"

By : Market Watch
Source : http://www.marketwatch.com
Category : Patent News

NEW YORK, May 17, 2012 (BUSINESS WIRE) -- MetroPCS Communications, Inc., (pcs:NYSE) has entered into a patent license agreement with Klausner Technologies, Inc., under Klausner Technologies' U.S. Visual Voicemail patents, for MetroPCS' visual voicemail products.

MetroPCS is the 51st company to license Klausner Technologies' Visual Voicemail patents. Current licensees of the patents include major U.S. and European mobile operators, handset manufacturers, VOIP/cable operators, enterprise voicemail providers, and other providers of Visual Voicemail services.

"Our patented technology lets consumers view, prioritize, and select voice messages from their mobile phones or via the Internet," said Judah Klausner, CEO of Klausner Technologies.

MetroPCS had been a defendant in a patent infringement lawsuit brought by Klausner Technologies in the Eastern District of Texas. Klausner was represented in the litigation by the law firm of Dovel & Luner.

About Klausner Technologies, Inc.:

Klausner Technologies was founded by Judah Klausner, inventor of the PDA, and electronic organizer. It owns 25 patents worldwide, covering the basic Visual Voicemail feature in which subscribers selectively listen to their messages via their cell phones or computers. Visual Voicemail Licensing Information: patentlicensing@klausnertechnologies.com

Source : http://www.marketwatch.com/story/metropcs-settles-patent-litigation-with-klausner-technologies-2012-05-17

Patent News | "Patent reform still needs work, companies say"

By : BROOKS BOLIEK
Source : http://www.politico.com
Category : Patent News

The patent reform law hasn’t been fully implemented, but the private sector is already complaining about it.

According to major stakeholders who testified before the House Judiciary Committee on Wednesday, the U.S. Patent and Trademark Office still has work to do on revamping its procedures. Committee Chairman Lamar Smith (R-Texas) signaled that he is likely to move on a bill to make technical corrections.
The PTO’s implementation of new review processes after a patent is granted needs more work, top patent industry executives said

“These proceedings were to form the key cornerstones of the [America Invents Act],” General Electric’s Chief Intellectual Property Counsel, Carl Horton, said in testimony on behalf of the Coalition for 21st Century Patent Reform. “They are not nearly as streamlined as they should be, and they also lack procedural safeguards that would better balance the proceeding between patent owners and patent challengers.”

Eli Lilly General Counsel Robert Armitage agreed.

“The office has not fully embraced this procedure,” he testified. “Nor has it sought to optimize its potential for increasing the reliability and quality issues.”

Kevin Rhodes, 3M’s chief intellectual property council, contended that the proposed rules allow too much latitude for challengers who get the chance to file “supplemental information” in the inter partes review and post-grant review processes.

PTO Director David Kappos defended the agency’s actions, telling lawmakers he was trying to balance calls that would make the new process mirror a federal court trial and those seeking a more restrictive process.

Kappos told the committee that the agency was developing a process that is more streamlined, faster and less expensive than in federal district court.

“We’re trying to create at the PTO a process that prevents those abuses from happening,” Kappos said. “The PTO is the least-cost alternative because it will be much more expensive in the district court.”

While the PTO’s implementation received some criticism, the process the PTO is using to write the rules received high marks.

“If there’s one word to describe the process, it would be transparency,” Armitage said. “If there were two words, it would be transparency and candor.”

But transparency and candor might not go far enough.

Richard Brandon, University of Michigan associate general counsel, said the law needs a technical correction clarifying the grace period that universities receive.

Smith — an author of the law — said there is no new legislation on the issue but that a bill might be in the offing.

“We do expect to proceed with a new bill that will make some technical corrections,” Smith said.

A key portion of the law allows the PTO to set and collect its own fees. Now that it’s doing that, patent holders are undergoing sticker shock.

Horton said the fee increases could cost his company up to $26 million to maintain its portfolio and continue to apply for new patents.

“We’re starting to feel the impact of the fee increases already,” Horton said.

Source : http://www.politico.com/news/stories/0512/76411.html

Patent News | "Economics minister offers help to HTC on patent case"

By : Huang Chiao-wen and Frances Huang
Source : http://focustaiwan.tw
Category : Patent News

Taipei, May 17 (CNA) Minister of Economic Affairs Shih Yen-shiang said Thursday his ministry will provide smartphone vendor HTC Corp. with assistance, if necessary, to deal with the ongoing litigation on patent infringement brought against the Taiwanese firm by rival Apple Inc.

Shih told lawmakers at a legislative session that the ministry has kept in close touch with HTC to keep informed of the progress of the particular litigation.

HTC said Wednesday that shipments of HTC One X and HTC EVO 4G LTE models to the U.S. market have been delayed by a review of the U.S. Customs requested by the U.S. International Trade Commission (USITC).

The customs review came after the USITC ruled in December that HTC infringed on one of Apple's patents involving data detection.

The Taiwanese firm was given until April 19 to come up with an alternative to avoid a ban on imports and sales of its products equipped with the function in the U.S. market.

Shih said to his knowledge, HTC has appealed the December ruling, adding while the company has a strong legal department, if the company needs any assistance, the ministry will try its best to help.

Since the case, which was initiated overseas, has its complexities, the ministry is determined to provide assistance if the smartphone vendor makes a request, the minister said.

HTC said it has worked around its design and is in compliance with the ruling, adding that it will cooperate fully with U.S. Customs, but it is not clear when the customs review will be completed.

After the customs review news surfaced, HTC shares fell 6.59 percent Wednesday as foreign institutional investors sold a net of 3.14 million shares amid concerns that the shipment delay will impact sales of the company for the second quarter.

The stock managed to stage a mild technical rebound to close up 0.73 percent at NT$414.00. Several foreign brokerages have voiced concerns about the shipment delay. Among them, Merrill Lynch said if the products are detained by the U.S. Customs for four weeks, HTC's sales for the second quarter will be reduced by 5-10 percent.

In an investor conference held in April, HTC forecast its sales for the second quarter will reach NT$105 billion, up from NT$67.79 billion recorded for the first quarter.


Source : http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aECO&ID=201205170021

Patent News | "These Patents Might Even Keep You Fit"

By : The Salt Lake Tribune
Source : http://www.sltrib.com
category : Patent News
Chin-up exercise apparatus and method, patent No. 8,177,694, invented by Gavin M. Walker of Sandy.

Pulley device for exercise, patent No. D659,775, invented by Michael Olson of Logan, and William T. Dalebout of Logan, assigned to Icon IP, Inc. of Logan. Exercise device, patent No. D659,777, invented by Scott R. Watterson of Providence, William T. Dalebout of North Logan, Michael Olson of Logan, and Richard O. Evans of Hyrum, assigned to Icon IP, Inc. of Icon IP, Inc.

End-tidal gas estimation system and method, patent No. 8,176,915, invented by Michael B. Jaffe of Cheshire, Conn., and Joseph A. Orr of Park City, assigned to Koninklijke Philips Electronics N.V. of Eindhoven, Netherlands.

Storage and organization system, patent No. 8,177,311, invented by William G. Apgood, II of Holladay, Lenny Vainberg of Mission Viejo, Calif., William G. Apgood of Holladay, and Robert Glenn of Chicago, Ill., assigned to Red Star Traders, LLC of Salt Lake City.

Infrared target temperature correction system and method, patent No. 8,177,421, invented by Frank E. Liebmann of American Fork, assigned to Fluke Corporation of Everett, Wash.

Pavement milling assembly, patent No. 8,177,456, invented by J. Tron Haroldsen of Herriman, assigned to Asphalt Zipper, Inc. of Pleasant Grove.

Dust shroud for rotary tools, patent No. 8,177,606, invented by Michael Loveless of Price, Spencer Loveless of Price, and Brett H. Peterson of West Bountiful, assigned to Dustless Depot, LLC of Price.

Rapid infusion system, patent No. 8,177,739, invented by Richard G. Cartledge of Hollywood, Fla., Hugh F. Smisson, III of Macon, Ga., and Jeffrey O. Brown of North Logan, assigned to Smisson-Cartledge Biomedical L.L.C. of Macon, Ga.

Valved connector, patent No. 8,177,760, invented by Guy Rome of West Valley, and John J. Gunn of Salt Lake City, assigned to C. R. Bard, Inc. of Murray Hill, N.J.

Source : http://www.sltrib.com/sltrib/money/54117494-79/patent-invented-assigned-inc.html.csp

Patent News | "HTC Shares Tumble As Patent Case Delays U.S. Sales"

By : Clare Jim
Source : http://www.reuters.com
Category : Patent News

Shares in HTC tumbled more than 6 percent after it said shipments of the phones were being held up by U.S. customs officials.

Apple scored a narrow victory against HTC in a patent lawsuit in December over technology in the smartphones, one of many such disputes in the fiercely competitive smartphone market.

HTC said in a statement on Wednesday that "the U.S. availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S. Customs review of shipments that is required after an ITC (International Trade Commission) exclusion order".

The two models are the first devices to be delayed since that ruling, which said that HTC phones with the disputed technology would be banned from entering the U.S. from April 19. HTC has said that it has a workaround in its new phones to avoid the technology, but the shipments still require inspection.

HTC said it was keeping its second quarter revenue guidance unchanged at TW$105 billion ($3.56 billion).

FALL FROM GRACE

Former contract maker HTC had a fairytale ride in 2010 and early 2011, when its shares more than tripled in the 14 months to April 2011. The company's sales grew four-fold in 1-1/2 years as consumers snapped up its innovative phones with their distinctive large clock numerals.

But it suffered an equally rapid fall from grace as its phones failed to keep up with Apple's iPhones and Samsung's Galaxy range.

Some shipments of the One X model had reached the U.S. before the ban date, enabling the model's launch, but further shipments are being held up, an HTC official in Taipei said.

U.S. operator AT&T, which has been carrying the One X model in store since May 6, says the smartphone is "out of stock" on its website.

The launch of the EVO 4G LTE by Sprint, originally scheduled for Friday, will be delayed. Sprint has been taking pre-orders on its website.

In its statement, HTC said it believes it was "in compliance with the ruling and HTC is working closely with customs to secure approval". Sprint and AT&T both declined to comment.

HTC shares closed down over 6 percent in a broader market down 2.2 percent.

IMPACT UNCERTAIN

"It's really hard to tell how much longer the phones will be held up at the customs because the review has already taken a month," said Bonnie Chang, an analyst of Yuanta Securities.

She said although some HTC One X stocks were available for sale because they had already passed through customs and were with dealers, the quantity was unknown and third-quarter sales could be affected if there were not enough to meet demand.

But second-quarter revenue would be unaffected, she added, if the customs review could be completed within a week or two, as revenue from the shipments had already been recognized for the quarter once they were shipped out from Taiwan.

Some brokerages, however, expressed concern at the implications of the longer-than-expected customs review process.

"Previously, it was expected that general exclusion order from the patent infringement referred to only old models from HTC," Goldman Sachs said in a trading note to clients seen by Reuters. "However, the latest news suggest otherwise with all models (new and old) potentially at risk."

It said the U.S. market was expected to account for 15-20 percent of HTC's second-quarter shipments, and this delay might hit the company's earnings this quarter and possibly in the third quarter, depending on how quickly HTC could resolve the issue.

Last month, HTC Chief Executive Officer Peter Chou said HTC would not return to the days when more than 50 percent of its revenue came from the United States, a market where it saw a big drop last year because of the fierce competition from Apple's iPhone 4S.

In late February, HTC announced its One series of models aimed at leading its fight back against Apple and Samsung, with fast graphic chips and advanced music and photography functions, to generally positive reviews from analysts and tech bloggers.

Source : http://www.reuters.com/article/2012/05/16/us-htc-idUSBRE84F05L20120516

Patent News | "Third Baosteel patent innovation award get announced"

By : STEELGURU
Source : http://www.steelguru.com
Category : Patent News

The third Baosteel 'Patent Invention Award' is announced. There are 8 patents awarded 'Invention Award' among them, 'A rolling process and special equipment for seamless tube invented by Yantai Lubao of Steel pipe business unit is awarded the top price. There are 9 pieces of patents awarded 'Practical New Award'.

For commending inventor contribution to production and operation of Baosteel, further encourage positivity of employee to carry out technology innovation, build up good creative environment, continuous upgrade the capacity of innovation, Baosteel on 4th of April, the intellectual property day, adhere the principle of 'Good innovation construction, Good application effect, Good promotion effect', carry out the 3rd 'Patent Innovation Award' evaluation. This year and there are 'Invention Award' and 'Application New Award' set under the 'Patent Innovation Award.

This Evaluation is warmly welcomed and actively responded by different company of Baosteel. Totally received 28 patents from 15 different company, among them, 12 patents declared 'Invention Award', 16 patents declared 'Application New Award'. After judgment by specialist and review by specialist meeting and final evaluation. There are one patent awarded the top price, two awarded the second price and five awarded the third price. Nine patents awarded 'Practical New Award'.

The project awarded the top price is 'A rolling process and special equipment for seamless pipe'. According to issues such as inner screw, straight channel scape and others of ACCU-ROLL machine, they invented a brandy new rolling process for seamless pipe and rolling expansion machine and leveler. Achieve optimize integration of ACCU-ROLL and rotating rolling expansion pipe.

After application of that patent, the production amount increased 63%, accumulate achieve profit of 660 million, generate 12 patents. 'Solid solution strengthening of same level steel and its product method' awarded the second price of 'Invention Prize', which rational control the process such as hot rolling, cold rolling and annealing, product varieties same level steel, shape unique production of BaoSteel, and its character is better than other same level steel imported. Accumulative achieve 550 thousand profits.

A high-tensile steel plate for static enamel and its product method' awarded the second prize of 'Invent Award' through researching forming property and strengthening mechanism of enamel steel, develop varieties of tensile hot rolling high-tensile enamel steel. And it adopts technology of PH nitrogen blowing so as to save the production cost accumulative achieve added profit of CNY 9.5 million.

Source : http://www.steelguru.com/chinese_news/Third_Baosteel_patent_innovation_award_get_announced/263670.html

Patent News | "Patents Aren’t Only for Engineers"

By : JAY VADIVELOO
Source : http://www.nytimes.com
Category : Patent News

At Towers Watson, I advise insurance companies on risks associated with their businesses. I’m also a mathematics professor in residence at the University of Connecticut. I oversee several graduate students at an actuarial research center there and am always looking for real-world examples for them to work on.

A few years ago, I started thinking about statistical sampling in the insurance industry as something for students to test. I threw out some ideas to them that were based on concepts in consumer polling. We started with simple calculations and moved on to more involved ones. To me, the results were astounding: statistical sampling worked.

Generally when an insurer performs certain calculations, it includes data from all its policies. If it has a million policies, that means a lot of processing as various scenarios are considered. Sometimes, the work can take days.

I believed I had a solution to this cumbersome and costly process: create subgroups from the database, sample policies from each, repeat the process several times, then combine the results.

My technique provides results similar to those from studying all policies, and saves time and money. And unlike consumer polling, which requires finding participants, insurance databases contain ready-made samples.

As far as I knew, no one had proposed this model. I developed and tested it for several months before I told my boss, Craig Buck, head of United States life insurance consulting. We agreed that it should be patented, and that Towers Watson could license it to clients.

I worked with an outside patent firm to translate technical information into layman’s terms for the application. There is an art to that. The description had to be specific, yet  generic enough so as not to limit it too severely.

The lawyer I worked with — who later left the firm — said the first step was to search the database of existing patents to see if any were similar to mine. She had me check about 12, and they weren’t similar. She submitted the application to the United States Patent and Trademark Office in September 2009, and I hoped for the best.

Now I was excited, and after not hearing anything for months, I called the law firm and worked with another lawyer, Michael V. Young Sr. The patent office had a backlog of applications, but he said he could submit a second application with a request for an accelerated review that would require a special filing fee. Craig and I jumped at the offer.

By then, more than a year had passed since the first application was filed, so Michael did another search. For each new patent that might be similar, I again had to document why it differed from my idea. That was painful and tedious.

In January 2011, Michael filed a second, revised application for accelerated review. He also modified the first application, so both could still be considered. Several months later, the patent office granted the accelerated review.

Our Towers Watson colleagues in Britain, meanwhile, heard about my technique. They came to Connecticut, tested the model and confirmed that it performed as I had described.

Because of our request, a patent examiner picked up the second application first. I was awarded that patent this February and the first one a month later. The original took more than two and a half years from filing to approval, and the second one just over a year.

In February, when Michael e-mailed me that I would soon receive the patents, I probably screamed. First I called my wife, then asked my administrative assistant to read it on the screen.

EVEN before either patent came through, I was nominated for a company leadership award for the technique I developed. I received a plaque, and then $2,000 when I was awarded the patents. I won’t share in any profits, but the feedback I’ve received has been outstanding.

So if you think you’ve come up with an elementary idea, remember that anything is possible. I still believe that what I developed is so elegantly simple that others could have discovered it and received a patent. But they didn’t — I did.

Source : http://www.nytimes.com/2012/05/13/jobs/an-actuary-proves-patents-arent-only-for-engineers.html

Patent News | "Patent enforcer sues over slot machine feature"

By : Steve Green
Source : http://www.chicagotribune.com
Category : Patent News

Slot machine maker WMS Gaming Inc. and four casino operators were sued Wednesday over allegations certain of their slots infringe on a Virginia company's patent.

The company, Rembrandt Gaming Technologies LP of Arlington, Va., is part of patent enforcement company Rembrandt IP Management.

Rembrandt says on its website, "We work with owners of strong patents that have great market value, and we enforce these patents against major companies that may infringe upon them." Rembrandt filed suit in U.S. District Court for Nevada against WMS, Boyd Gaming Corp., Caesars Entertainment Operating Co., MGM Resorts International Operations Inc. and Penn National Gaming Inc.

Rembrandt says WMS has been selling or leasing to the casinos certain games infringing on Rembrandt's "Electronic Second Spin Slot Machine" patent.

The machines have a "re-spin" feature and include Bamboozled, Jewels of Africa, The Monkees, Kingdom of the Titans, John Wayne, Survivor, Reel Rich Devil, Mastros, Plataea, Cavalier, Palace of Riches III, Tiger's Realm, Griffin's Gate, Hearts of Venice and Zeus II, the lawsuit says.

The casino operators, in the meantime, have been operating additional "accused video slot machines," the lawsuit says.

They include titles like Dr. Jackpot, Dukes of Hazzard, Ghostbusters, Sex and the City and Wheel of Fortune Triple Spin, the suit says.

A WMS promotional video included with the lawsuit as a court exhibit explained the second spin feature this way: WMS Spinning Streak machines have 15 reels spinning independently and when a winning symbol appears, it is held while the other reels re-spin. "Finally, a slot machine that holds on to the good stuff,'' the announcer says in the video.

A WMS spokesman said the company couldn't comment on the pending litigation.

In a press release, Rembrandt said the patent at issue was granted in 2003 and names New Mexico-based computer scientist Michael J. Dietz as the inventor.

"Michael Dietz used his imagination and technical skills to invent the slot machine hold and re-spin feature claimed in his patent. Very simply, the defendants used Mr. Dietz's invention for their profit and did not pay for their use," Paul Schneck, Rembrandt's chairman, said in the press release.

Lawsuits alleging patent infringement are nothing new in the slot machine industry and sometimes take years to litigate.

Source : http://www.chicagotribune.com/business/sns-mct-patent-enforcer-sues-over-slot-machine-feature-20120510,0,7502957.story

Patent News | "Cipla’s price cut breached patent rights: Bayer"

By : The Indian Express
Source : http://www.indianexpress.com
Category : Patent News 

German pharma major Bayer has charged that Indian generic drugmaker Cipla had breached its patent rights by slashing the price of a generic version of its patent-protected cancer drug Nexavar last week.

Bayer Pharma has not given its consent to Cipla to launch its generic Sorafenib (sold under the brand name Nexavar) and the company’s decision to cut the price of the life-extending kidney and liver cancer drug “is a clear patent infringement”, a Bayer spokesperson said.

Novartis to probe drug approval irregularities

ZURICH: Swiss drugmaker Novartis said on Thursday it would investigate alleged drug approval irregularities in India after a parliamentary report found the country’s regulator colluded with pharmaceutical firms to speed up approval procedures.

The parliamentary committee reviewed 39 randomly selected drugs approved by the Central Drugs Standard Control Organisation (CDSCO).

In the case of 11 drugs, including Novartis’ everolimus and aliskiren, it found that “mandatory” Phase III trials — the final stage of testing before a drug is approved — had not been conducted as required.

Source : http://www.indianexpress.com/news/Cipla-s-price-cut-breached-patent-rights--Bayer/947909/

Patent News | "Apple Patent Describes a More Secure Face-Recognition Syste"

By : Christina Bonnington
Source : http://www.wired.com
Category : Patent News

A new Apple patent application concerning face-recognition technology suggests an interesting security update for iOS. And that could be just the beginning of what the technology might enable.

The patent, “3D Object Recognition,” describes a novel way to generate 3-D models using 2-D images. It’s a follow-up to a patent Apple already owns, originally filed by Swedish firm Polar Rose, which Apple purchased in late 2010.

In essence, the technology would use multiple photos, or even video, to create a robust 3-D representation of a user’s face. With this 3-D representation locked in, it could then be compared, on the fly, to a 3-D representation built in real time from a 2-D image captured from a user’s phone.

The system has obvious applications in system security — namely, a home screen unlocking mechanism that’s not easily fooled. But the technology need not be limited to just face detection. It could also be used to identify an entire body, or employed in medical applications to identify specific organs, or even tumors.

Another Apple patent application dealing with facial recognition discussed a lower-power-intensive way to identify a device owner when he or she approaches the system. And, of course, Apple already employs face detection for identifying people in iPhoto images, but doesn’t use the feature for system security in iOS.

The patent states that there are inherent challenges in using current facial recognition technology in system security. Variations in ambient illumination and face positioning can make it difficult to reliably match source images to real-time camera images.

Apple’s proposed patent gets around the lighting roadblock by analyzing features like corners and other spatial points of reference rather than performing direct image correlation or comparisons of image parts. As for the positioning issue, it can be resolved by using multiple images for your security system’s source material. This way, even if you try to gain access to your phone by looking at its camera from a slightly askew angle, the system will have that angle in its reference library, and still let you in.

Android already has a face-unlock feature implemented in its Android 4 OS. Unfortunately, it’s easily fooled by holding up a photo of a person at the right distance from the device.

Source : http://www.wired.com/gadgetlab/2012/05/apple-3d-facial-recognition/

Patent News | "Patent enforcer sues over slot machine feature"

By : Steve Green
Source : http://www.vegasinc.com
Category : Patent News

Slot machine maker WMS Gaming Inc. and four casino operators were sued Wednesday over allegations certain of their slots infringe on a Virginia company’s patent.

The company, Rembrandt Gaming Technologies LP of Arlington, Va., is part of patent enforcement company Rembrandt IP Management.

Rembrandt says on its website, “We work with owners of strong patents that have great market value, and we enforce these patents against major companies that may infringe upon them.”

Rembrandt filed suit in U.S. District Court for Nevada against WMS, Boyd Gaming Corp., Caesars Entertainment Operating Co., MGM Resorts International Operations Inc. and Penn National Gaming Inc.

Rembrandt says WMS has been selling or leasing to the casinos certain games infringing on Rembrandt’s “Electronic Second Spin Slot Machine” patent.

The machines have a “re-spin” feature and include Bamboozled, Jewels of Africa, The Monkees, Kingdom of the Titans, John Wayne, Survivor, Reel Rich Devil, Mastros, Plataea, Cavalier, Palace of Riches III, Tiger’s Realm, Griffin’s Gate, Hearts of Venice and Zeus II, the lawsuit says.

The casino operators, in the meantime, have been operating additional “accused video slot machines,” the lawsuit says.

They include titles like Dr. Jackpot, Dukes of Hazzard, Ghostbusters, Sex and the City and Wheel of Fortune Triple Spin, the suit says.

A WMS promotional video included with the lawsuit as a court exhibit explained the second spin feature this way: WMS Spinning Streak machines have 15 reels spinning independently and when a winning symbol appears, it is held while the other reels re-spin. “Finally, a slot machine that holds on to the good stuff,’’ the announcer says in the video.

A WMS spokesman said the company couldn’t comment on the pending litigation.

In a press release, Rembrandt said the patent at issue was granted in 2003 and names New Mexico-based computer scientist Michael J. Dietz as the inventor.

“Michael Dietz used his imagination and technical skills to invent the slot machine hold and re-spin feature claimed in his patent. Very simply, the defendants used Mr. Dietz’s invention for their profit and did not pay for their use,” Paul Schneck, Rembrandt’s chairman, said in the press release.

Lawsuits alleging patent infringement are nothing new in the slot machine industry and sometimes take years to litigate.

Source : http://www.vegasinc.com/news/2012/may/09/patent-enforcer-sues-over-slot-machine-feature/

Patent News | "AOL to give shareholders all proceeds from patent bonanza"

By : Julianne Pepitone 
Source : http://money.cnn.com
Category : Patent News

NEW YORK (CNNMoney) -- AOL will give 100% of the proceeds from its $1 billion patent sale "directly back to shareholders," CEO Tim Armstrong said Wednesday, but the details are still being worked out.
AOL (AOL) announced last month that it had agreed to sell about 925 patents to Microsoft (MSFT, Fortune 500) for $1.1 billion in cash. AOL also granted a non-exclusive license to Microsoft for its remaining patents. A few weeks later, Facebook announced plans to will buy 625 of those patents from Microsoft for $550 million. "We have not made the final decision," AOL CFO Artie Minson said about AOL's plans for distributing the cash. AOL has already bought back 15 million shares and has to be careful not to "trigger a change in control at the company" by buying more, he said.

Armstrong said he is generally happy with where AOL's balance sheet and cash hoard stand. AOL had nearly $370 million in cash and liquid assets as of March 31.

"At this point, if we had a good reason to hang onto a billion dollars in cash, we'd do it," Armstrong said.
Despite Armstrong's bullishness on the deal, he said the sale "isn't fully reflected in our valuation" in the market right now. AOL shares are up almost 40% since it announced the patent deal.

He also talked up the 300 patents AOL is hanging onto, which relate to its core business, including software technologies related to advertising, search, social networking, mapping, streaming and security. Microsoft and Facebook will each have a non-exclusive license to those remaining patents.

Financials: Even beyond the patent deal, AOL's first quarter came in strong. The company earned 22 cents per share on sales of $529 million.

In a prepared statement, Armstrong said the results show that "AOL is a much stronger company today than it was a year ago."

Overall revenue was down 4% over the first quarter of 2011, but AOL still had solid improvements in some of its ad business. Global ad revenue jumped 5% over the year to about $330 million. The major contributor to that growth was AOL's third-party ad network, in which sales rose 23% year-over-year.

But it wasn't all good news in the ad sector. Sales from AOL's display ads -- which use images and other graphics -- ticked up just 1% over the year to $130 million. That's disappointing growth, considering that AOL has hawked display as one of its main focus areas.

Armstrong said the company's sales strategy "was off tune," and that a proxy fight with activist shareholder firm Starboard Value added "noise" that may have eroded potential customers' confidence in AOL.
Meanwhile, the subscriber base for AOL's dial-up Internet access, a legacy business that still makes up a large part of the company's revenue, continues to decline sharply. Subscription revenue fell 15% over the year to about $182 million. AOL noted that's the lowest rate of decline in five years.

Source : http://money.cnn.com//2012/05/09/technology/aol-earnings/index.htm?section=money_topstories&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fmoney_topstories+(Top+Stories)

Patent News | "Microsoft patent points to pressure-sensitive controller"

By :  Laura Parker
Source : http://www.gamespot.com
Category : Patent News

Microsoft has filed a patent with the United States Patent and Trademark Office (USPTO) for pressure-sensitive technology that could be used in devices such as smartphones, PCs, and video game controllers. As spotted by Shacknews, the filing is for a "hand-held device having a body with a pressure-sensitive exterior surface" that could be used both in the context of a gaming controller, as well as in other devices.

The technology works by identifying a user based on a particular "pressure signature" on the device, which is fitted with pressure sensors. Each time a user grasps the device, the location of each sensor and the amount of pressure applied is recorded and stored, forming a unique signature. The pressure-profile signatures are associated with a user identity via username, email address, password, or gamer tag, and are specific to the device.

Once identified, the technology could allow users to automatically log in to a gaming or mobile phone service and present an array of customised options.

"In another embodiment, the device is a mobile phone. Upon identifying the user holding the mobile phone, the technology unlocks the phone by providing the user's password, and displays the user's default screen," Microsoft's patent filing says.

According to the filing, this technology would both allow for reliable and safe identification of individual users, as well as providing for personalised content based on a user's unique pressure-profile signature.

Last November, Sony filed a patent for technology that could be used to develop biometric gaming controllers that read a player's state of mind.

Source : http://www.gamespot.com/news/microsoft-patent-points-to-pressure-sensitive-controller-6376051

Patent News | "LSR Technologies Awarded Patent over IBM, and Travelocity's Farewatcher"

By : PRWEB
Source : http://www.sfgate.com
Category : Patent News

LSR Technologies surmounts challenges to demonstrate significant advances in search and change-notification technology over patents held by IBM, and Travelocity's Farewatcher. The novel systems for managing data allow users to turn any site into their personal inside informant by alerting them instantly to any changes to variables such as prices, changes in employment, new jobs, temperatures, new patents, etc.

New York, NY (PRWEB) May 08, 2012

LSR Technologies, LLC, of Oldwick, NJ announces they have overcome major hurdles to win their patent over those used by IBM, and Travelocity, among others, for a revolutionary patent. The new technology allows users to turn any site into their instant inside informant by alerting them to changes to variables on that website. As the Oldwick, NJ company grows its current customer base, the company is discussing partnerships to distribute and deploy the technology as widely as possible.

"This is a real game changer for anyone who wants to keep their fingers on the pulse of something on a micro or macro level," says Laurence Ross, Principal at LSR. "Beyond a simple price checker that empowers consumers to find the best price on any item, service or travel package, this technology allows you to create an instantly updating dashboard that enables you to view the changing activity of an entire sector. It has applications for real estate, sales, farming, medicine, investing, you name it. Once you define your watch list, you can quickly add additional queries from the same sources to analyze an even more detailed picture automatically alerting you on whichever device you want."

This lucrative, powerful patent (U.S. Patent No. 8,161,064) is hidden under the title of, "System for Searching Network Accessible Data Sets." The new patented invention is a user-friendly method for requesting change-alerts via the web or mobile devices. This is the second patent issued to LSR Technologies, the first was a saved search engine. Another patent, designed by LSR for sharing saved searches or change-alerts, will be published by the Patent Office on July 12th of this year.

The three, above-mentioned software solutions were developed by Ross in response to the need to populate and update contact managers such as SalesForce with contact and planning information from his web-based daily bulletin for advertising sales, Sales-Fax News (https://www.sales-fax.com). Prolecto Resources, of Los Angeles, California, wrote the code and produced the schematics for the patent application. The first patent, service-marked, Sales-Chip™ is the saved search engine. The just-published second patent, called, "Chip-Alerts™" on sales-fax.com, leverages the first to deliver updates via email. Together, the two patented inventions work as a mechanism to "push" contact intelligence updates and sales leads almost instantly. The patent for sharing, also featured on SFN, as the "Lead Management System" (LMS) is the third element.

According to Ross, the introduction of "Chip Alerts" to subscribers of Sales-Fax News has made a significant contribution to meeting the demand for change-notification, especially when it comes to reporting the constant changes among client-agency relationships. "First, we started with Sales-Chips, which empowers subscribers to access information from Sales-Fax News on any internet-enabled device, where it will dial the contact's number for them," Ross explains. "This gives subscribers a window on the news and key contacts in virtually any Web-friendly environment. Once they enter a search, and save it as a 'Sales-Chip,' their Sales-Chip displays updated intelligence every time they click it thereafter."

Source : http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2012/05/08/prweb9474626.DTL

Patent News | " Broad Patent Protection Granted for iBio Immunomodulator"

By : iBio, Inc.
Sources :http://www.sacbee.com
Category :Patent News


 NEWARK, Del., May 8, 2012 -- /PRNewswire/ -- iBio, Inc. (NYSE AMEX: IBIO) today announced issuance of a US patent covering compositions of matter and methods of use of modified lichenase B polypeptides comprising the Company's iBioModulator™ platform. The new patent, which provides broad protection of the platform, is US Patent 8,173,408, entitled "Recombinant Carrier Molecule for Expression, Delivery and Purification of Target Polypeptides."

Sources : http://www.sacbee.com/2012/05/08/4474024/broad-patent-protection-granted.html

Patent News | "Apple patents 4G MacBook antenna"

By : Don Reisinger
Source : http://www.zdnet.com.au
Category : Patent News

The US Patent and Trademark Office (USPTO) this week published a patent that Apple has won, related to the way in which a 4G antenna is housed in a laptop. The invention describes how a 4G antenna can be hidden in a "conductive cavity", located behind the upper bezel around the computer's screen.

Apple argues that the placement of the antenna, at the top of the computer, can enhance the likelihood of securing a strong signal; though, the company did leave it open to placing the antenna in other cavities around the device. Patently Apple was first to report on Apple's win.

For years now, rumours have suggested that Apple is at least considering bundling mobile connectivity with its notebook line. Last year, a North Carolina man came across an Apple prototype notebook, featuring an antenna that allowed users to connect to 3G networks. Soon after trying to sell it on eBay, Apple demanded its prototype back, prompting some to wonder if mobile connectivity would, indeed, make its way to its MacBook line.

Although the patent might lend some hope to those who believe Apple will launch 4G connectivity in the MacBook, patents are, by no means, a smoking gun. Major companies, like Apple, file for a host of patents every year, and in many cases never end up using the technology they develop. This could very well end up in that bin.

Beyond that, Patently Apple found that the iPhone maker secured a host of other patents today, including one that relates to touch event processing of web pages in iOS. Apple was also awarded six design patents related to an iPad keyboard dock, the iPad Nano's display module and others.

Source : http://www.zdnet.com.au/apple-patents-4g-macbook-antenna-339337500.htm

Patent News | "We didn't know Sun had patents: Google"

By : Rachel King
Source : http://www.zdnet.com.au
Category : Patent News

Robert Van Nest of Keker and Van Nest LLP presented the Mountain View, California-based giant's opening statements for phase two, focusing on patent infringement, at the US District Court of Northern California earlier this week.

Google's case in phase two will rest on three key points:

Google made fundamentally different design choices for Android
Google independently developed Android not knowing of Sun patents
Android does not use Sun's technology.
Van Nest asserted that the two patents in question are "very specific, narrow patents" that focus on details that Google is not using. He added "that's no surprise", because none of the design engineers at Google were aware of the US Reissue No. 38,104 patent or US Patent No. 6,061,520 when developing Android.

Recalling some of the arguments about Oracle's motivations in this lawsuit, Van Nest also cited that "Oracle didn't even complain about these" patents until July 2010, after which the Dalvik and Java virtual machines had already been on the market for two years.

Through expert witness testimony, Van Nest explained Google's defence strategy, which will rely on explaining the "many, many differences" between the Java virtual machine and the Dalvik virtual machine.

Van Nest also went into professor mode for the jury, giving a brief yet detailed lecture about code compilers, and how Android differs. For example, Android doesn't use Java bytecode, but rather Dalvik executable code.

Reminding the jury of their instructions from the judge, Van Nest noted that Oracle has the burden to prove that Google infringed upon all aspects of the patents in this lawsuit, and not just four out of five qualities.

Van Nest tried to better explain this by comparing a soccer ball and a football. If someone wanted to patent a ball for playing sports, one person could patent a soccer ball and say it must be made of leather, stitched together, filled with air and spherical. However, a football wouldn't violate this patent, because while it is made of leather, stitched together and filled with air — it is not spherical.

In his own effort of reassurance to the jury, Van Nest commented that phase two will be a lot shorter, and that all of the evidence should be in this week. He added that there won't be any "celebrities" testifying in this round, but rather engineers and developers.

Van Nest also joked that the infamous API-like "file cabinet" will not be making an appearance again.

Morrison and Foerster's Michael Jacobs provided Oracle's opening statements for phase two on Monday afternoon, immediately after the partial verdict in the copyrights segment of the case was read. In his argument, Jacobs outlined four faults with Google's case in this half of the trial — most especially pointing out that Google has no fair-use defence in this portion of the lawsuit.

Source : http://www.zdnet.com.au/we-didnt-know-sun-had-patents-google-339337508.htm

Patent News | "Google infringed Oracle's Java patents"

By : Reuters
Source : http://www.itweb.co.za
Category : Patent News

Google infringed some of Oracle's copyrights on the Java programming language, a US jury found yesterday after days of deliberation.

Oracle may have suffered a setback, however, because the jury could not reach a decision on whether Google's actions constituted fair use and were legally allowed. The fair use question is crucial to determining damages. If Google's use of the Java programming tools is determined to be fair, the company would not be liable for damages in connection with some of Oracle's copyrights.

"There wouldn't be damages, at least on this part, if their [Google's] use was determined to be fair. If the fair use defence was upheld, they wouldn't be liable," said Edward Naughton, partner of Brown Rudnick LLP in Boston who is not involved in the case.

"That's why from a dollars and cents standpoint it's a pretty important argument. I think it's frustratingly inconclusive and we'll have to wait and see how it all comes to a conclusion," Naughton said.

The partial verdict in the high stakes lawsuit, which focuses on Google's development of the Android mobile operating system, was read in a San Francisco federal courtroom. The lawsuit, brought in August 2010, now moves on to the next phase: patent claims. A third phase of the trial would decide damages.

After Monday's verdict, Google's lawyers challenged the key jury finding on Java copyrights and moved for a mistrial.

Google says it does not violate Oracle's patents and that Oracle cannot copyright certain parts of Java, an open source software language. The trial has featured testimony from Oracle chief executive Larry Ellison and Google CEO Larry Page.

Earlier in the case, estimates of potential damages against Google ran as high as $6.1 billion. But Google successfully narrowed Oracle's patent claims, so that the bulk of Google's exposure to damages now derives mostly from copyright claims. Oracle is seeking roughly $1 billion in copyright damages.

The main questions in the case revolve around Google's use of APIs – application programming interfaces – or a set of tools through which developers utilise the Java software language, and whether they can be copyrighted like software code.

"We appreciate the jury's efforts, and know that fair use and infringement are two sides of the same coin," Google spokesman Jim Prosser said in a statement.

"The core issue is whether the APIs here are copyrightable, and that's for the court to decide. We expect to prevail on this issue and Oracle's other claims."

Oracle said in a statement that it welcomed the verdict and that "the overwhelming evidence" demonstrated that Google knew it needed a licence for Java.

"Every major commercial enterprise – except Google – has a licence for Java and maintains compatibility to run across all computing platforms," Oracle said.

Almost immediately after rendering the copyright verdict, the seven-woman, five-man jury began hearing opening statements on the patent issues. The trial, which began in mid-April before US district judge William Alsup, is expected to last at least eight weeks.

Source : http://www.itweb.co.za/index.php?option=com_content&view=article&id=54209:google-infringed-oracles-java-patents&catid=69

Patent News | "Google infringed Oracle Java copyrights: jury"

By : JAGRAN Post
Source : http://post.jagran.com
Category : Patent News

San Francisco: Google Inc infringed some of Oracle Corp's copyrights on the Java programming language, a U.S. jury found on Monday after days of deliberation.

Oracle may have suffered a setback, however, because the jury could not reach a decision on whether Google's actions constituted fair use and were legally allowed.

The fair use question is crucial to determining damages. If Google's use of the Java programming tools is determined to be fair, the company would not be liable for damages in connection with some of Oracle's copyrights.

"There wouldn't be damages, at least on this part, if their (Google's) use was determined to be fair. If the fair use defense was upheld, they wouldn't be liable," said Edward Naughton, partner of Brown Rudnick LLP in Boston who is not involved in the case.

"That's why from a dollars and cents standpoint it's a pretty important argument. I think it's frustratingly inconclusive and we'll have to wait and see how it all comes to a conclusion," Naughton said.

The partial verdict in the high stakes lawsuit, which focuses on Google's development of the Android mobile operating system, was read in a San Francisco federal courtroom. The lawsuit, brought in August 2010, now moves on to the next phase: patent claims. A third phase of the trial would decide damages.

After Monday's verdict, Google's lawyers challenged the key jury finding on Java copyrights and moved for a mistrial.

Google says it does not violate Oracle's patents and that Oracle cannot copyright certain parts of Java, an "open-source," or publicly available, software language. The trial has featured testimony from Oracle Chief Executive Larry Ellison and Google CEO Larry Page.

Earlier in the case, estimates of potential damages against Google ran as high as $6.1 billion. But Google successfully narrowed Oracle's patent claims, so that the bulk of Google's exposure to damages now derives mostly from copyright claims. Oracle is seeking roughly $1 billion in copyright damages.

The main questions in the case revolve around Google's use of APIs -- application programming interfaces -- or a set of tools through which developers utilize the Java software language, and whether they can be copyrighted like software code.

"We appreciate the jury's efforts, and know that fair use and infringements are two sides of the same coin," Google spokesman Jim Prosser said in a statement.

"The core issue is whether the APIs here are copyrightable, and that's for the court to decide. We expect to prevail on this issue and Oracle's other claims."

Oracle said in a statement that it welcomed the verdict and that "the overwhelming evidence" demonstrated that Google knew it needed a license for Java.

"Every major commercial enterprise -- except Google -- has a license for Java and maintains compatibility to run across all computing platforms," Oracle said.

Almost immediately after rendering the copyright verdict, the seven-woman, five-man jury began hearing opening statements on the patent issues. The trial, which began in mid-April before U.S. District Judge William Alsup, is expected to last at least eight weeks.

The case in U.S. District Court, Northern District of California, is Oracle America, Inc v. Google Inc, 10-3561.

Source : http://post.jagran.com/google-infringed-oracle-java-copyrights-jury-1336449902

Patent News | "Apple Patent Applications Hint of Next-Gen Plans'

By :  Ashleigh Allsopp
Source : http://www.pcworld.com
Category : Patent News

Apple has filed 14 new patent applications, which were published by the U.S. Patent and Trademark Office on Thursday. The patents include an advanced new haptics system, a new battery design, a new camera feature, and some modifications to the Mac mini and high-speed cables.

Just before the new iPad was announced, it was reported that Apple could be implementing a new haptic texture display in the tablet, which would create a 'textured feedback' by means of a small electrical stimulus. The new iPad emerged with no such display, however, a new patent filed by Apple has revealed a more advanced multi-tiered haptics system, reports Patently Apple. The system would allow an iPad, iPhone, or iPod Touch's display to deform to make a button, an arrow, or a map pop out of the screen to give it three-dimensional depth.

The latest patent shows an invention that uses layered haptic controls. Patently Apple says: "Haptic systems may be used for actuation such as vibration, shape change (e.g., contouring a flat surface), or other suitable actuations or combination of actuation which may provide tactile feedback to a user.

Patently Apple states that in Apple's new invention: "Stacked arrays may be used to create a contoured screen surface such as, for example, contour maps, shaped buttons, moving contours or shapes, or other surfaces with multi-scale features."

The tiered haptic display could also be pressure sensitive, a significantly beneficial feature for drawing and painting apps, for example.

Source : http://www.pcworld.com/article/255093/apple_patent_applications_hint_of_nextgen_plans.html

Patent News | "Bayer appeals India patent office ruling"

By : Rumman Ahmed
Source : http://www.marketwatch.com
Category : Patent News 

--Bayer "strongly disagrees" with grant of compulsory license for Nexavar copycat

--Files appeal with India's Intellectual Property Appellate Board

(Adds background about ruling starting in sixth paragraph, Bayer comment in ninth paragraph)

BANGALORE -(MarketWatch)- Germany's Bayer AG (BAYRY, BAYN.XE) has appealed against the grant of a compulsory license by India's patent authority to a local generic drug producer for its kidney- and liver-cancer medicine, Nexavar.

Citing the high cost of the cancer drug, India's patent authority had in March forced Bayer to grant a compulsory license to Hyderabad, south India-based Natco Pharma Ltd. to sell a cheaper copy of Nexavar to ensure patients have access to the potentially lifesaving medicine.

Bayer filed its appeal at the country's Intellectual Property Appellate Board on Friday.

"We strongly disagree with the conclusions of the Patent Controller of India," Bayer said in an emailed statement Saturday. It said it will rigorously continue to defend its intellectual-property rights.

Natco Pharma declined to comment on the development.

The patent office's March ruling, the first of its kind in India, has worried foreign drug producers that the nation is unlikely to recognize internationally patented medicines in the future. Pharmaceutical companies argue they need patent protection for medicines that treat diseases like cancer, which involve years of research and are expensive to produce.

The patent authority, in its decision, noted that Bayer's patented drug sells for INR284,428, or $5,319, for a monthly supply. Natco Pharma, the generics competitor that brought the case to the patent authority, sought to sell a month's supply of the generic version of Nexavar, sorafenib tosylate, at INR8,800, or $164, the patent authority said.

Granting the compulsory license reflects Indian authorities' attempt to balance companies' intellectual-property rights against the rights of patients to get access to new and expensive medicines that are seeking patents for sale here.

Bayer, however, said India's decision "endangers pharmaceutical research."

Previously, other countries have forced foreign drug companies to issue licenses for drugs patented elsewhere. In 2007, Thailand revoked a patent for U.S. firm Abbott Laboratories' (ABT) blockbuster AIDS medicine to allow generic producers to make cheaper versions.

To further complicate efforts by big Western pharmaceutical companies seeking to develop their businesses in India, Cipla Ltd. (500087.BY) -- one of India's largest generic drug manufacturer--has said it's cutting prices on its cancer medicines by up to 75%.

Source : http://www.marketwatch.com/story/bayer-appeals-india-patent-office-ruling-2012-05-05

Patent News | " Startups beginning to make patents a priority"

By : Mark Milian
Source : http://www.sfgate.com
Category : Patent News

Software startups have traditionally avoided patenting their innovations, viewing it as an unneeded expense that can eat up $15,000 or so.

"We thought about it, because there's definitely some patentable stuff," says Brett Martin, the chief executive officer of New York's Sonar, which makes an app that helps people connect with strangers. "But we're busy trying to build a business."

Yet many who aspire to build the next Facebook are learning from the mistakes of their guru, Mark Zuckerberg. His company was unprepared for the battle that erupted when Yahoo sued in March for infringing 10 patents. Soon after, Facebook purchased 750 patents from IBM and spent an additional half-billion dollars on part of the AOL patent portfolio recently bought by Microsoft. Meanwhile, Apple, Google, Oracle and other tech giants are locked in patent lawsuits.

Which is why more entrepreneurs are thinking like Oliver Cameron. His new iPhone app, Everyme, is a social network similar to Facebook. Behind the scenes, though, algorithms perform some fancy operations, such as grouping a user's friends on other networks according to criteria such as geography or workplace. Before the app's launch in April, Cameron, the CEO of the Menlo Park startup, made sure to file his patent paperwork.

"We're not really patent whores," he says. "We're just proud of what we've built."

"The valley in general seems to be getting more litigious," says Travis Katz, a former Myspace executive who co-founded travel startup Gogobot. "Big companies can sue small companies out of existence, even with a baseless claim."

Katz has had his lawyers begin reviewing Gogobot technologies that could be patented. Path, a mobile social network started two years ago, has filed for 13 patents. Karma, which makes a gift-buying app, has filed for three patents covering technologies related to commerce, notifications and social networking.

Chris Tolles, an investor and the CEO at local news site Topix, says startups should invest in patents before pool tables and Aeron chairs - the typical accoutrements of hip young companies.

"I wouldn't do it Day One. But you're a year in, you have some funding, then yeah, get some patents," he says. The patent process can take as long as five years, according to Mark Radcliffe, a partner at law firm DLA Piper.

While small tech companies are learning to play the patent game, at least one larger one is trying to change the rules altogether. On April 17, Twitter said all its patents will be governed by its Innovator's Patent Agreement. Under it, the person whose name is on a patent - usually an engineer or scientist - retains control over how the patent is used, even if the patent is sold to another company.

Patent owners must ask the innovator's permission before suing over the patent, although there are exceptions for companies that use patents defensively.

Source : http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/05/05/BUBG1OD97T.DTL&type=tech

Patent News | "Yahoo informs Facebook of more potential patent infringements"

By : Jhon Ribeiro
Source : http://www.computerworld.com.au
Category : Patent News

Yahoo is said to have written to Facebook indicating that it believes that 16 patents it claims to hold "may be relevant" to open source technology allegedly being used in the data centers and servers of the social networking company, according to a regulatory filing by Facebook on Thursday.

The Internet company has not threatened or initiated litigation in connection with the matters referred to in the letter of April 23, "but it may do so in the future," Facebook said in the filing.

Yahoo filed a lawsuit in March against Facebook alleging that the company had infringed on 10 of its patents, and last month added two more patents to its complaint. "As is common in intellectual property litigation, Yahoo could in the future assert additional patent or other claims against us in this or in other proceedings," Facebook said in the filing.

Source : http://www.computerworld.com.au/article/423642/yahoo_informs_facebook_more_potential_patent_infringements/?fp=4&fpid=13987208a40

Patent News | "Nokia files patent suits against HTC, other firms"

By : The China Post
Source : http://www.chinapost.com.tw
Category : Patent News

TAIPEI -- Finland-based smartphone vendor Nokia has filed a series of lawsuits in the United States and Germany against its Taiwanese rival HTC Corp. and two other companies for patent infringement. In a statement published on its website Wednesday, Nokia said it has filed a complaint with the United States International Trade Commission against HTC and has instituted litigations with the Federal District Court of Delaware in the U.S. against the Taiwanese firm and U.S.-based Viewsonic Corp.

In addition, it has sued HTC and Research In Motion Ltd. (RIM) of Canada in the Regional Court of Dusseldorf in Germany, as well as filing against all three companies in the regional courts of Mannheim and Munich, also in Germany.

According to Nokia, the litigations involve a total of 45 patent infringements by the companies named in the lawsuits.

The smartphone maker said some of the patents listed in the legal actions pertain to hardware capabilities such as dual function antennas, power management and multimode ratios.

It said other technology patents asserted in the litigations are related to enhanced software features, including application stores, multitasking, navigation, conversational message display, dynamic menus, data encryption and retrieval of email attachments on mobile devices.

“Many of these inventions are fundamental to Nokia products,” Nokia's chief legal officer, Louise Pentland, said in the statement.

“We'd rather other companies respect our intellectual property and compete using their own innovations, but as these actions show, we will not tolerate the unauthorized use of our inventions,” Pentland said.

Nokia has already licensed its patents to more than 40 companies, she went on.

The executive added that although the company prefers to avoid litigations, it had no choice but to file the lawsuits to end the unauthorized use of its proprietary innovations.

According to a recent report released by market advisory firm International Data Corp., Nokia is ranked as the third-largest smart phone vendor, with an 8.2 percent market share in the first quarter of this year, behind Samsung Electronics with 29.1 percent and Apple with 24.2 percent.

HTC took fifth place with a 4.8 percent market share behind fourth-placed RIM with 6.7 percent.

Source : http://www.chinapost.com.tw/business/global-markets/2012/05/04/340002/Nokia-files.htm

Patent News | "Startups Party at the Patent Office"

By : Mark Milian 
Source : http://www.businessweek.com
Category : Patent News

Software startups have traditionally avoided patenting their innovations, viewing it as an unneeded expense that can eat up $15,000 or so. “We thought about it, because there’s definitely some patentable stuff,” says Brett Martin, the chief executive officer of New York’s Sonar, which makes an app that helps people connect with strangers. “But we’re busy trying to build a business.”

Yet many who aspire to build the next Facebook are learning from the mistakes of their guru, Mark Zuckerberg. His company was unprepared for the battle that erupted when Yahoo! (YHOO) sued in March for infringing 10 patents. Soon after, Facebook purchased 750 patents from IBM (IBM) and spent an additional half-billion dollars on part of the AOL (AOL) patent portfolio recently bought by Microsoft (MSFT). Meanwhile, Apple (AAPL), Google (GOOG), Oracle (ORCL), and other tech giants are locked in patent lawsuits.

Which is why more entrepreneurs are thinking like Oliver Cameron. His new iPhone app, Everyme, is a social network similar to Facebook. Behind the scenes, though, algorithms perform some fancy operations, such as grouping a user’s friends on other networks according to criteria such as geography or workplace. Before the app’s launch in April, Cameron, the CEO of the Menlo Park (Calif.) startup, made sure to file his patent paperwork. “We’re not really patent whores,” he says. “We’re just proud of what we’ve built.”

“The Valley in general seems to be getting more litigious,” says Travis Katz, a former Myspace executive who co-founded travel startup Gogobot. “Big companies can sue small companies out of existence, even with a baseless claim.” Katz has had his lawyers begin reviewing Gogobot technologies that could be patented. Path, a mobile social network started two years ago, has filed for 13 patents. Karma, which makes a gift-buying app, has filed for three patents covering technologies related to commerce, notifications, and social networking.

Chris Tolles, an investor and the CEO at local news site Topix, says startups should invest in patents before pool tables and Aeron chairs—the typical accoutrements of hip young companies. “I wouldn’t do it Day One. But you’re a year in, you have some funding, then yeah, get some patents,” he says. The patent process can take as long as five years, according to Mark Radcliffe, a partner at law firm DLA Piper.

While small tech companies are learning to play the patent game, at least one larger one is trying to change the rules altogether. On April 17, Twitter announced all its patents will be governed by its Innovator’s Patent Agreement. Under it, the person whose name is on a patent—usually an engineer or scientist—retains control over how the patent is used, even if the patent is sold to another company. Patent owners must ask the innovator’s permission before suing over the patent, although there are exceptions for companies that use patents defensively.

Everyme’s Cameron and his co-founder Vibhu Norby want to support the IPA. Their first three apps were already with the U.S. Patent and Trademark Office by the time IPA was available, though, and they don’t plan to refile them. “There are bigger things to worry about,” says Cameron. “Like launching,” says Norby.

Source : http://www.businessweek.com/articles/2012-05-03/startups-party-at-the-patent-office

Patent News | "MPs challenge EU-wide patent plans"

By : UKPA
Source : http://www.google.com
Category : Patent News

Claims that British companies will benefit to the tune of £20 million a year from an EU-wide single patent have been challenged by MPs.

A report by the House of Commons European Scrutiny Committee said a draft deal made a year ago to provide a cheaper, more efficient one-stop shop for patent registration across Europe was likely to hinder, not help, small and medium-sized firms.

The report said evidence from the patent industry showed the sector "overwhelmingly" believed the Unified Patent Court (UPC) - to ensure a single level of protection for patents under the EU system - would actually increase litigation costs and be more "burdensome" than the existing UK system.

Agreement on a single patent was reached a year ago between 25 of the 27 EU countries: Italy and Spain opted out in protest at a decision to use only English, French and German for patent applications and legal challenges.

At the time, the Government welcomed the move on the basis of a report ordered by Prime Minister David Cameron, which championed a single EU patent to boost competition with key single markets such as the US, India and China.

After concluding the deal in Luxembourg in June 2011, UK intellectual property minister Baroness Wilcox said: "The savings to UK business are likely to be around £20 million per year in translations costs alone."
Although the system - not in force until the terms of the patent court have been finalised - was aimed at granting a single patent covering 25 countries at an affordable cost, very few SMEs required protection in all 25 countries, said the report.

Committee chairman Bill Cash said: "Although the theory of a single EU-wide patent - with a single court to administer it - has long been thought desirable, the practice has long been elusive. These latest proposals appear, regrettably, to be a further example of this.

"They would increase costs for SMEs and hinder the enforcement of patents within the EU, particularly by giving additional jurisdiction to the Court of Justice of the EU and not allowing the invalidity of a patent to be a defence to infringement proceedings."

He said the negotiations had been "rushed and effectively excluded the views of European patent professions" and now appeared "to be a damage-limitation exercise".

Source : http://www.google.com/hostednews/ukpress/article/ALeqM5i8SnZAhYRGMPDOi2858ZLFNYpiOw?docId=N0055881335974922940A

Patent News | "Motorola Mobility wins patent case against Microsoft"

By : Bloomberg News in Washington
Source : http://www.chinadaily.com.cn
Category : Patent News 

Motorola Mobility Holdings Inc won a patent ruling allowing it to ban Microsoft Corp from selling its Windows 7, Internet Explorer and Media Player software and Xbox gaming systems in Germany.
In a case that prompted Microsoft, the world's largest software maker, to move its European logistics center to the Netherlands from Germany, the Mannheim Regional Court found the company violated patents related to industry standards for video compression. Last month, a US court ordered Motorola Mobility not to enforce a ban if it won Wednesday's ruling while a related dispute in Seattle is pending.

The suit is part of a wave of global patent litigation as companies seek a greater share of smartphone and handheld-device sales. The total market for mobile devices, which includes tablet computers and e-readers, is projected to reach $360 billion this year, according to Carl Howe, an analyst with Boston-based advisory firm Yankee Group.

Microsoft's German unit is the central distribution point for its software and other products in Europe. Last month, the company said it was moving its European logistics center to the Netherlands from Germany because the adverse ruling would have threatened deliveries through much of the continent.

Wednesday's dispute, which yielded four rulings over the same set of patents, involves technology known as "standard essential" set by industry groups that every company needs to use. Owners of standard essential patents are required to license them to competitors under fair and reasonable terms.

'Long process'
The ruling "is one step in a long process, and we are confident that Motorola will eventually be held to its promise to make its standard essential patents available on fair and reasonable terms", Microsoft said in a statement. Motorola Mobility "is prohibited from acting on (Wednesday's) decision, and our business in Germany will continue as usual while we appeal".

Microsoft, as well as Cupertino, California-based Apple Inc, have said Motorola Mobility's request that they pay 2.25 percent of the retail price of products that incorporate the technology is unreasonable. The European Commission is also investigating Motorola Mobility over the issue.

Microsoft in April won a court ruling in Seattle blocking Motorola Mobility from taking any steps to ban the products from the German market until a trial in the US case can be held. A hearing in that case is scheduled for Monday.

Android dispute
The case is part of a broader dispute between the companies over devices that run on Google Inc's Android mobile operating system. Microsoft wants a US trade agency to ban US imports of Android phones made by Motorola Mobility, while Libertyville, Illinois-based Motorola Mobility is asking the agency to block imports of the Xbox.

In April, a US International Trade Commission judge said the Xbox infringed four patents. The determination is subject to review by the six-member commission, which can block the Asia-made products from entering the United States.


Source : http://www.chinadaily.com.cn/cndy/2012-05/03/content_15193120.htm

Patent News | "Nokia files patent lawsuits against HTC, RIM"

By : X AND M SHOW
Source : http://www.todayonline.com
Category : Patent News

HELSINKI - Wounded mobile phone maker Nokia has turned on one of its former allies in the patent protection battlefield by filing lawsuits against rival smartphone maker HTC as it steps up its efforts to raise funds.

Nokia, based in Finland, filed several lawsuits in Germany covering 45 hardware and software patents, ranging from power management to data encryption technologies against HTC, Canadian rival Research In Motion and tablet-maker ViewSonic.

In the United States it filed against HTC and ViewSonic, including a complaint to the US International Trade Commission (ITC) against HTC.

The moves follow Nokia's comments last month that it will seek to raise more revenues from its patent portfolio.

It is also a departure from its alliance with HTC when it had for years fought alongside the Taiwanese company in patent battles against German patent firm IPCom.

HTC said it would not comment on the legal action until its lawyers had seen the filings. "HTC has been a licensee of Nokia on wireless essential patents since 2003. We are waiting to receive a complaint," the company said in an emailed statement.

Nokia's announcement of the newest round of smartphone lawsuits comes on the same day a court in Germany ruled that Microsoft had infringed Motorola Mobility's patents.

The court ordered the world's largest software maker to remove its popular Xbox 360 gaming consoles and Windows 7 operating system software from the German market.

Last week, ratings agencies Fitch and Standard & Poor's cut Nokia's credit rating to "junk" status, as the company battles falling sales as well as doubts over its product strategy.

Nokia has one of the widest patent portfolios in the industry, along with Ericsson and Qualcomm. It has gone through two major legal battles in the past, first against Qualcomm and then against Apple.

Terms of Nokia's settlement with Apple in June last year were not disclosed but analysts put the figure at hundreds of millions of dollars.

In its complaint filed at the ITC yesterday, Nokia alleged that HTC infringed on nine of its patents and asked for the HTC Sensation 4G and Inspire 4G and eight other models of mobile telephones and two tablets to be banned from sale in the US.

The patents are for technology like synchronising information, including calendars, between the smartphone and mainframe computers, extending battery life and allowing mobile phones to be compatible with different signal systems.

Nokia also filed lawsuits in federal court in Delaware, accusing HTC of infringing on the same nine patents and adding nine additional patents, including technology for adjusting across time zones.

"Nokia proved the enormous strength of its patent portfolio by getting Apple to pay up after a protracted and acrimonious battle in multiple courts," said patent expert and blogger Florian Mueller.

"HTC and ViewSonic are patent lightweights compared to Apple and can't possibly win against Nokia," said Mr Mueller.

Also in Delaware, Nokia accused tablet maker ViewSonic of infringing on 17 patents, many of them the same patents that Nokia accused HTC of infringing on.

A ViewSonic representative said in an emailed statement that the company was aware of the legal action and was taking appropriate measures to protect its interests.

Source : http://www.todayonline.com/TechandDigital/EDC120503-0000121/Nokia-files-patent-lawsuits-against-HTC,-RIM

Patent News | "Fairchild asserts new patents against Power Integrations"

By : Dylan McGrath
Source : http://www.embedded.com
Category : Patent News

SAN FRANCISCO—Fairchild Semiconductor International Inc. said Tuesday (May 1) it filed new patent infringement claims in U.S. federal court against Power Integrations Inc.'s LinkSwitch-PH LED power conversion products.

Fairchild (San Jose, Calif.) said it asserted three new patents that extend its primary side regulation technology against Fairchild in the suit, filed in U.S. District Court in Delaware.

Last week, a jury in the same District Court found that Power Integrations products, including some LinkSwitch II and LinkSwitch-CV products, infringe on a Fairchild patent for primary side regulation technology. The same jury also found that several Fairchild products infringe upon two Power Integrations patents.

Fairchild said Tuesday it would seek an injunction preventing further infringement and is seeking financial damages. Willfulness and damages in that case will be determined in a second phase, which has yet to be scheduled and may occur after appeals of the first phase, Fairchild said.

Source : http://www.embedded.com/electronics-news/4372075/Fairchild-asserts-new-patents-against-Power-Integrations-

Patent News | "Oracle vs Google – patent trial likely to begin in earnest today"

By : John Kennedy
Source : http://www.siliconrepublic.com
Category : Patent News

After two days of deliberations by the jury in the Oracle vs Google copyright infringement lawsuit, a decision looms and it appears the case will now go into the patent phase.

Oracle is seeking US$1bn in damages and a possible injunction, alleging Google stole parts of the Java software to build the Android mobile operating system. Oracle acquired the ownership of the Java platform in 2010 when it bought Sun Microsystems for US$7.4bn.

Jury discussions will begin again today in San Francisco, California, and when a decision is reached, the patent phase of the trial will begin.

The Android operating system features on 500m devices worldwide and is used by Samsung, HTC, Sony, LG and many other manufacturers.

The copyright infringement case against Google covers 37 different copyrights now owned by Oracle.

The patent element of the high-profile case will focus on two patents now owned by Oracle.
Can APIs be copyrighted?

The consequences of the case for the software and the mobile industry are vast as it is not clear what elements of Java code are free and which can be licensed.

Commercial deployments of Java among the open-source community still require subscribing to the GNU Public License. One of Oracle’s bones of contention is Google has somehow managed to use Java in developing Android without a licence.

Another key IP question facing the software industry is are APIs covered under copyright law?

In this case, the jury has been instructed to assume APIs can be copyrighted and deliberate on the evidence that they have been presented.

Google argues its use of Java falls under the fair use category and that it transformed those APIs to create a whole new operating system.

Oracle argues Google just took the Java APIs as they were and that Google’s use of Android cannot be considered non-profit because of the money it makes from advertising and other Android-related services.

One of the main attractions of Android for most smartphone manufacturers is Google does not charge a licence fee for the use of the operating system.

Whatever happens, the coming days could prove pivotal for the mobile, and indeed the entire software industry, globally.

Source : http://www.siliconrepublic.com/innovation/item/26995-oracle-v-google-patent/

Patent News | "How biotech will benefit from new patent laws"

By : R&D Daily
Source : http://www.rdmag.com
Category : Patent News

Passage of the America Invents Act into law led to the most dramatic changes in the U.S. patent system in 60 years. These reforms will have a significant impact on technology innovators such as biotechnology-based businesses, as detailed in two articles in Industrial Biotechnology, a peer-reviewed journal from Mary Ann Liebert, Inc. The articles are available free online on the Industrial Biotechnology website.
  
"Industrial biotechnology companies rely heavily on their patents to attract investment to fund the research and development necessary to bring innovative products to consumers. Strong intellectual property protection is critical for these companies," says Brent Erickson, Consulting Editor of Industrial Biotechnology and Executive Vice President, Industrial & Environmental Section, Biotechnology Industry Organization (BIO), Washington, DC. "The Leahy-Smith America Invents Act will strengthen America's patent system and drive job growth throughout our economy. The improvements made by the bill will benefit all sectors of the national economy by enhancing patent quality and the efficiency, objectivity, predictability and transparency of the U.S. patent system. Companies will benefit from the improvements to our nation's patent system made by this legislation."
  
One of the most critical and far-reaching features of the America Invents Act (AIA) that will affect all U.S. patent applications filed on or after March 16, 2013 is the change from a "first-to-invent" to a "first-inventor-to-file" system. Technology specialists Tiffany Reiter, PhD and Erin Baker, PhD, and principal patent attorney J. Peter Fasse, Fish & Richardson (Boston, MA), provide a comprehensive review of the new system, describing its implications and exceptions. The authors clearly illustrate how pending and future patent applications will be affected by the new law in the article "The America Invents Act and Its Importance to Patent Prosecution in the Biotech Sector."
  
Sandra Thompson, JD, PhD, a specialist in intellectual property law at Buchalter Nemer (Irvine, CA), clarifies some common misunderstandings related to the new first-to-file system as well as other aspects of the AIA. In the article "The America Invents Act and Your Biotech-Based Business," Dr. Thompson explains which aspects of the AIA went into effect immediately and which will be put into practice gradually over an 18-month period, and why this knowledge is crucial for companies developing novel products and technologies.

Source : http://www.rdmag.com/News/2012/05/Industries-Biotechnology-Regulations-How-biotech-will-benefit-from-new-patent-laws/