USPTO Announces Pilot Program for Extension of Provisional Patent Application Time Period February 1st, 2011Patents/IP MMM IP NEWSFLASH Read More
USPTO Issues Record-Breaking Number of Patents in 2010 January 14th, 2011Patents/IP Despite Tough Economic Times for R&D, Patent Awards Up 31% over 2009 By: John R. Harris The U.S. Patent and Trademark Office (USPTO) issued 219,614 utility patents in 2010. This represents a 31% increase over 2009. So, in spite of tough economic times for many companies, patents continue to be filed and granted in record numbers. This information was released on January 10, 2010, by IFI Claims®, a division of Fairview Research, LLC. The IFI Claims® news release lists the top fifty patent assignees, which is reflective of the U.S. patenting activity of major technology companies. The top ten patent acquirers are as follows: Read More Courts Continue to Whittle Away at Business Method Patents December 9th, 2010Patents/IP COURTS CONTINUE TO WHITTLE AWAY AT BUSINESS METHOD PATENTS Western Union Payment System Patents Found Obvious and Unpatentable by: John R. Harris The federal courts continue to whittle away at the prospects for protecting software and business methods with patents. Dec. 7, 2010 was a day of infamy for Western Union’s four patents relating to methods and systems of sending money through a financial services organization – all four patents were ruled invalid by U.S. Court of Appeals for the Federal Circuit (CAFC). The system in all four patents relates to money transfer services such as those offered by Western Union Read More A Look at Patents On Body Scanner Technology December 6th, 2010Patents/IP A Look at Patents On Body Scanner Technology by: John R. Harris Air travel these days may be safer due in part to improved technologies for detecting weapons and explosive devices. In November, 2010, U.S. Transportation Safety Authority (TSA) began deploying whole body back scatter X-ray based scanner machines in some airports, with an “opt out” process leading to personal patdowns. The body scanner technology is controversial. Some radiology specialists have written letters to the government expressing concern about the health effects. Such letters and other articles have lead to strong expressions of paranoia and “individual righteousness” from those wanting to opt out Read More U.S. Supreme Court Continues to Fiddle with Patents December 1st, 2010Patents/IP U.S. Supreme Court Continues to Fiddle with Patents Court Will Review Burden of Proving Patent Invalidity When Prior Art Was Not Before Examiner by: John R. Harris * * * * * On November 29, 2010, the U.S. Supreme Court agreed to hear the appeal in the case of Microsoft Corp. v. i4i Limited Partnership, U.S. Supreme Court No. 10-290, cert. granted 11/30/2010. This case will consider the question whether the invalidity of a patent must be proved by “clear and convincing” evidence when the prior art presented at a court trial was not considered by the USPTO examiner during prosecution of the patent. The Read More About “Face”: Facebook Gets Approval to Register Trademark FACE November 30th, 2010Patents/IP About “Face”: Facebook gets approval to register trademark FACE John R. Harris Partner, Technology/IP Group News reports last week reveal that Facebook, Inc. has received a Notice of Allowance on its application to register the word FACE for telecommunication services. Specifically, the company applied to register the term in 2005 and encountered some resistance for several years, but was able to overcome that resistance by staying away from cars and motoring and with other actions. The particular services for which the mark will be registered are these: “Telecommunication services, namely, providing online chat rooms and Read More House Approves Copyright Clarification Bill November 24th, 2010Patents/IP Highlights: New bill is designed to clarify and fix technical errors in the Copyright Act. Read about it here. Comments? Join the discussion on the MMMTechLaw LinkedIn group page. Read More Oracle v. SAP Copyright Case – Still on Trial, But What are the Lessons? November 16th, 2010Patents/IP Oracle v. SAP Copyright Case – Still on Trial, But What are the Lessons? John R. Harris Partner, Technology/IP Group Although the jury is still out on the Oracle v. SAP copyright infringement litigation ongoing now in California, it is not too early to assess the potential fallout for the computer industry. This fallout may have long lasting implications for M&A transactions involving technology companies, for valuation of software products and services, for third party software support and add-on businesses, for corporate board governance and due diligence, and for strategic customer acquisition – which are all beyond the seemingly simple notion of copyright infringement that triggered Read More Patent Reform Among Top 3 Goals of New House Judiciary Chairman November 7th, 2010Patents/IP Rep. Lamar Smith (R-Texas) is likely to be the new chairman of the House Judiciary Committee in the next Congress. This Committee is charged with enacting laws that relate to courts and judges, Constitutional amendments, immigration, patents and trademarks, and other legal topics of national concern. After the expected emphasis on strengthening national security and enforcing immigration laws, Rep. Smith is expected to pursue patent reform. Rep. Smith in a recent interview listed patent reform as his third goal in a list of five primary goals. Further details can be found here. Whether the new patent reform efforts will take up where the old Read More U.S. Supreme Court to Consider Inventor Ownership Dispute November 2nd, 2010Patents/IP U.S. Supreme Court to Consider Inventor Ownership Dispute Daniel Sineway Summary: On November 1, 2010, the US Supreme Court indicated that it would hear a dispute between Stanford University and Roche Molecular Systems, Inc. over whether individual inventors retain intellectual property rights to federally funded inventions. Traditionally, individual inventors retain rights to their inventions until assigned to a company or other entity. Under the Bayh-Dole Act, however, institutions such as universities, non-profit organizations, and small business contractors are arguably able to retain rights to inventions conceived and reduced to practice by their employees through federally funded research. The Supreme Court will Read More Previous 5 6 7 8 Next
Courts Continue to Whittle Away at Business Method Patents December 9th, 2010Patents/IP COURTS CONTINUE TO WHITTLE AWAY AT BUSINESS METHOD PATENTS Western Union Payment System Patents Found Obvious and Unpatentable by: John R. Harris The federal courts continue to whittle away at the prospects for protecting software and business methods with patents. Dec. 7, 2010 was a day of infamy for Western Union’s four patents relating to methods and systems of sending money through a financial services organization – all four patents were ruled invalid by U.S. Court of Appeals for the Federal Circuit (CAFC). The system in all four patents relates to money transfer services such as those offered by Western Union Read More
A Look at Patents On Body Scanner Technology December 6th, 2010Patents/IP A Look at Patents On Body Scanner Technology by: John R. Harris Air travel these days may be safer due in part to improved technologies for detecting weapons and explosive devices. In November, 2010, U.S. Transportation Safety Authority (TSA) began deploying whole body back scatter X-ray based scanner machines in some airports, with an “opt out” process leading to personal patdowns. The body scanner technology is controversial. Some radiology specialists have written letters to the government expressing concern about the health effects. Such letters and other articles have lead to strong expressions of paranoia and “individual righteousness” from those wanting to opt out Read More
U.S. Supreme Court Continues to Fiddle with Patents December 1st, 2010Patents/IP U.S. Supreme Court Continues to Fiddle with Patents Court Will Review Burden of Proving Patent Invalidity When Prior Art Was Not Before Examiner by: John R. Harris * * * * * On November 29, 2010, the U.S. Supreme Court agreed to hear the appeal in the case of Microsoft Corp. v. i4i Limited Partnership, U.S. Supreme Court No. 10-290, cert. granted 11/30/2010. This case will consider the question whether the invalidity of a patent must be proved by “clear and convincing” evidence when the prior art presented at a court trial was not considered by the USPTO examiner during prosecution of the patent. The Read More
About “Face”: Facebook Gets Approval to Register Trademark FACE November 30th, 2010Patents/IP About “Face”: Facebook gets approval to register trademark FACE John R. Harris Partner, Technology/IP Group News reports last week reveal that Facebook, Inc. has received a Notice of Allowance on its application to register the word FACE for telecommunication services. Specifically, the company applied to register the term in 2005 and encountered some resistance for several years, but was able to overcome that resistance by staying away from cars and motoring and with other actions. The particular services for which the mark will be registered are these: “Telecommunication services, namely, providing online chat rooms and Read More
House Approves Copyright Clarification Bill November 24th, 2010Patents/IP Highlights: New bill is designed to clarify and fix technical errors in the Copyright Act. Read about it here. Comments? Join the discussion on the MMMTechLaw LinkedIn group page. Read More
Oracle v. SAP Copyright Case – Still on Trial, But What are the Lessons? November 16th, 2010Patents/IP Oracle v. SAP Copyright Case – Still on Trial, But What are the Lessons? John R. Harris Partner, Technology/IP Group Although the jury is still out on the Oracle v. SAP copyright infringement litigation ongoing now in California, it is not too early to assess the potential fallout for the computer industry. This fallout may have long lasting implications for M&A transactions involving technology companies, for valuation of software products and services, for third party software support and add-on businesses, for corporate board governance and due diligence, and for strategic customer acquisition – which are all beyond the seemingly simple notion of copyright infringement that triggered Read More
Patent Reform Among Top 3 Goals of New House Judiciary Chairman November 7th, 2010Patents/IP Rep. Lamar Smith (R-Texas) is likely to be the new chairman of the House Judiciary Committee in the next Congress. This Committee is charged with enacting laws that relate to courts and judges, Constitutional amendments, immigration, patents and trademarks, and other legal topics of national concern. After the expected emphasis on strengthening national security and enforcing immigration laws, Rep. Smith is expected to pursue patent reform. Rep. Smith in a recent interview listed patent reform as his third goal in a list of five primary goals. Further details can be found here. Whether the new patent reform efforts will take up where the old Read More
U.S. Supreme Court to Consider Inventor Ownership Dispute November 2nd, 2010Patents/IP U.S. Supreme Court to Consider Inventor Ownership Dispute Daniel Sineway Summary: On November 1, 2010, the US Supreme Court indicated that it would hear a dispute between Stanford University and Roche Molecular Systems, Inc. over whether individual inventors retain intellectual property rights to federally funded inventions. Traditionally, individual inventors retain rights to their inventions until assigned to a company or other entity. Under the Bayh-Dole Act, however, institutions such as universities, non-profit organizations, and small business contractors are arguably able to retain rights to inventions conceived and reduced to practice by their employees through federally funded research. The Supreme Court will Read More