Category Archive for "Technology"

Proving infringement of system patents: Court rejects jury’s infringement finding in phone case

You might think it would be easier to prove infringement of a patented system having multiple components. The more parts, the more opportunity to prove infringement. Not so. As one patentee learned the hard way, more parts means more to prove.

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Train in vain: Patents for mass transit fare systems struck down

The Federal Circuit Court of Appeals, the court that hears all appeals of patent-related cases, continues to engage in abstract thinking — thinking about the patent-eligibility of abstract ideas, that is. In the wake of Alice Corp. v. CLS Bank Int’l, the Federal Circuit has repeatedly reviewed whether patents are invalid because they covered patent-ineligible inventions. In this case, for example, the plaintiff ended up having four patents wiped out as invalid on this basis.

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Beat it! Heart disease diagnostic isn’t patent-eligible

Inventors in the pursuit of “personalized medicine” patents were likely discouraged by the Federal Circuit Court of Appeals’ ruling in The Cleveland Clinic Foundation v. True Health Diagnostics LLC, which involved a diagnostic method. The court’s ruling highlights the difficulty of obtaining patents for such methods.

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Failure to prove obviousness revives patent application

A patent applicant’s first round of appeals is to the Patent Trial and Appeal Board (PTAB). But if a patent applicant receives a negative ruling from the PTAB, it isn’t necessarily the end of the road. The Federal Circuit Court of Appeals made that clear in a case where it faulted the Board for failing to adequately lay out just whyan invention was obvious and therefore unpatentable.

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Whose home is it? House designs avoid copyright infringement.

If you thought the most competitive designers around are found on reality shows, think again. A recent case decided by the Seventh Circuit Court of Appeals illustrates that the claws can come out in the world of affordable home design, too. And, as the plaintiff learned, copyright law provides only limited protection.

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Defining “seller” for copyright infringement liability

What’s a copyright holder to do when counterfeit products show up on the massive online marketplace Amazon.com? Well, one thing it will have trouble doing is successfully suing Amazon for infringement, as seen in Milo & Gabby LLC v. Amazon.com, Inc.

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Ice Cream Cone 3D image Patterson Thuente IP

Just desserts? Why a computerized menu patent was found ineligible

The decision in Apple, Inc. v. Ameranth, Inc. probably wasn’t what the patent-holder ordered. Late last year, both the Patent Trial and Appeal Board (PTAB) and the Federal Circuit Court of Appeals (which hears all appeals in patent cases) reviewed Ameranth Inc.’s patents for a computerized restaurant menu system, ultimately sending Ameranth back to the kitchen.

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Overcoming Alice: Guidelines for Inventors of Computer-Based Inventions

Get some guidance on how to write patents for computer-related technology and download our handy invention disclosure checklist.

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Jay Erstling Of Counsel Minneapolis

Five Considerations About the Future of Technology and IP Protections

We are nearly to the half-way mark on the US tour of Dennemeyer’s Future of IP and Technology Law Forum, for which I am the keynote speaker. The forums in Palo Alto, Los Angeles and Austin were extremely valuable in terms of information sharing, the audiences full of smart and forward-thinking in-house counsel and private practice IP attorneys. We had fun talking through the potential changes to come in our world and what our roles are in shaping the future.

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Client Profile: Oxygen Plus (O+)

Oxygen—it heals, sharpens concentration and most importantly, we need it to survive. Most people associate oxygen with the air we inhale every moment of the day but Oxygen Plus (O+) has taken one of our most important elements to a new level. The innovators at O+ understand that oxygen is more than just an element—it helps provide energy, drives a healthy lifestyle, promotes healing and so much more. As pollution continues to crowd the air, O+ is supplying the world with 95% pure oxygen on the go, to keep them moving along every day. O+ – the pioneers and leaders of portable recreational canned oxygen worldwide – is here for you – anytime you need a lift.

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