Posts filtered by tags: Dennis Crouch[x]


 

User Interface Claims are Technological and Thus Not Subject to Business Method Review

by Dennis Crouch IBG LLC v. Trading Technologies Int’l (Fed. Cir. 2019) (non-precedential) This appeal stems from Covered Business Method (CBM) Review decisions on four related patents owned by TT.  The PTAB instituted all four CBM reviews. However, by the time of final decision, two of the challenged patents had been already upheld on eligibility by the Federal Circuit.  For those two patents, the PTAB followed the court’s lead and found the patents were directed to eligible subject matter. How...
Tags: Law, AIA, Patent, Fed, TT, Federal Circuit, Dennis Crouch, PTAB, Covered Business Method CBM, Trading Technologies, Business Method Review, IBG LLC, Trading Technologies Int


Words of Ambiguity in Specification Save patent Scope

by Dennis Crouch Continental Circuits LLC v. Intel Corp (Fed. Cir. 2019) Claim-construction used to be the bread-and-butter of Federal Circuit decisions.  That standard was of course upset by the onslaught of eligibility decisions from district courts and BRI obviousness cases out of the PTAB. The patents at issue here all relate to circuit board construction – and dealing with the problem of delamination. The claimed solution is uses “a unique surface structure . . . comprised of teeth that are...
Tags: Law, Patent, Phillips, Federal Circuit, Dennis Crouch, Continental Circuits LLC, Intel Corp Fed


Diagnosis: Ineligible

by Dennis Crouch Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC (Fed. Cir. 2019) There is a lot to unpack in this decision, and so this is just a small discussion of an important Federal Circuit opinion – DC Mayo is involved in another diagnostic method patent dispute — and again has come out on-top with a finding that the asserted patent claims are ineligible under 35 U.S.C. 101. That district court finding has now been affirmed on appeal, although subject to a strong dissent from...
Tags: Law, Patent, Prometheus, Fed, Newman, Mayo, Federal Circuit, Stoll, Athena, Dennis Crouch, Lourie, Vanda, Athena Diagnostics Inc, Vanda Pharm Inc, Mayo Collaborative Services LLC Fed Cir, DC Mayo


Am I my Server Rack?: Do Edge Nodes Satisfy the Venue Rules?

by Dennis Crouch In re Google (Fed. Cir. 2019) This appeal stems from a pending E.D.Tex. infringement lawsuit filed in 2017. SEVEN Networks, LLC v. Google LLC, 2:17-CV-00442 (E.D. Tex. Aug. 22, 2017).  In the case, SEVEN accused Google of infringing ten of its patents: 8,078,158, titled “Provisioning Applications for a Mobile Device” 8,811,952, titled “Mobile Device Power Management in Data Synchronization Over a Mobile Network With or Without a Trigger Notification” 9,247,019, titled “Mobile A...
Tags: Google, Texas, Law, Patent, Newman, Reyna, Eastern District of Texas, Taranto, Federal Circuit, Cray, Tex, Dennis Crouch, Dyk, Lourie, TC Heartland, Google Fed


Standing on the Shoulders of those Without Standing

by Dennis Crouch Mylan Pharms. Inc. v. Research Corp. Techs., Inc.  (Fed. Cir. 2019) This post begins with an obviousness discussion, then moves to IPR standing, and finally talks about SAS.  Obviousness: In Mylan, the Federal Circuit affirms a PTAB decision siding with the patentee and holding that RCT’s pharmaceutical compound patent claims were not proven unpatentable (i.e., confirming patentability). The patent at issue is directed toward an enantiomeric isomer (R configuration) of lacosamid...
Tags: Supreme Court, Law, Patent, Board, Mylan, Federal Circuit, IPR, SAS Institute Inc, Dennis Crouch, PTAB, Argentum, Iancu, Joinder, Inter Partes Review IPR, RCT, Mylan Pharms Inc


Self-Harm: Company’s own 102(e) prior art Cancels the Patent

by Dennis Crouch Duncan Parking Techs., Inc. v. IPS Group, Inc. (Fed. Cir. 2019) andIPS Group, Inc. v. Duncan Solutions Inc. (Fed. Cir. 2019) This decision involves parallel appeals from (1) a district court siding with the accused infringer on noninfringement grounds; and (2)  a PTAB IPR decision siding with the patentee confirming patentability. On appeal, the accused infringer won on several grounds, but it appears that at least some of the claims will be found both infringed and valid. In th...
Tags: Law, AIA, Patent, IPS, Schwarz, Federal Circuit, IPR, Dennis Crouch, PTAB, Duncan Parking Techs Inc, IPS Group Inc Fed Cir 2019 andIPS Group Inc, Duncan Solutions Inc Fed


Teams of Inventors: Trends in Patenting

by Dennis Crouch I recently posted a chart showing a short time series showing the number of inventors per patent.  The basic conclusion from that post was in the headline: Average Number of Inventors per Patent Continues Steady Rise.  Here, I have updated and added to those charts. The first chart below reaches back to 1976 — showing that the average number of inventors per patent has been steadily increasing over all of the past 40 years.  The trend has been amazingly steady and linear, and sh...
Tags: Law, AIA, Patent, Dennis Crouch, James Daily, Dir Kappos


New PatentlyO Law Journal article: Colleen Chien, Deferring Patentable Subject Matter

This past fall at the Administering Patent Law symposium at Iowa Law, Professor Colleen Chien presented an argument in favor of more intentional experimentation by administrative  agencies such, as the USPTO to test policy concepts and proposed several possibilities.  Below, Professor Chien describes one such project, based on the Merges/Crouch proposal for deferring patentable subject matter analyses in prosecution.  Read the accompanying PatentlyO Law Journal article here: Colleen V. Chien, P...
Tags: Google, Supreme Court, Law, Congress, Iowa, Uspto, Dc, Department Of Homeland Security, Patent, Alice, Federal Trade Commission, Donald, Chien, PAUL, Mayo, Duffy


Tappy the Robot vs xDeviceRobot

by Dennis Crouch The new HUAWEI indictments make include some amount of comedy.  The basic claim centers on an anthropomorphic robot named “Tappy.”   Tappy is owned by T-Mobile, but HUAWEI was allowed to use Tappy to test phones it was making for T-Mobile (subject to a non-disclosure agreement).  HUAWEI then started developing its own robot — with the much less friendly name of xDeviceRobot.   HUAWEI tried to buy Tappy, but was refused and so figured out a way to infuse xDeviceRobot with some of...
Tags: Law, Huawei, Patent, Dennis Crouch, Tappy


Inherency: Same Enzyme => Same Enzymatic Activity

by Dennis Crouch In re Ikeda Food Research Co., Ltd. (Fed. Cir. 2019) Ikeda is attempting to patent a glucose sensor using a particular enzyme (“a soluble flavin compound-binding glucose dehydrogenase”) that promotes glucose oxidizing.  U.S. Application No. 12/851,668. One U.S. patent is already issued in the family as well as Japanese , Chinese, and European patents.  In this case, however, the examiner rejected the claims as obvious and the PTAB affirmed.  The Federal Circuit has now also affi...
Tags: Law, Patent, Fed, O'Malley, PTO, Federal Circuit, Tsuji, Ikeda, Dennis Crouch, Southwire Co, PTAB, Par Pharm Inc, TWI Pharm Inc, Cerro Wire LLC, Real Party, In re Ikeda Food Research Co Ltd Fed


Google v. Oracle – Supreme Court Petition

by Dennis Crouch Google, LLC v. Oracle America (Supreme Court 2019) This new petition from Google asks important questions about the role of copyright in protecting software.  Questions presented: Whether copyright protection extends to a software interface. Whether, as the jury found, petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use. Rather than licensing Java, Google rewrote the programming language for Android App development in...
Tags: Google, Supreme Court, Law, Wikipedia, Oracle, Patent, Ninth Circuit, Federal Circuit, Dennis Crouch, Google LLC, Supreme Court Petition, Oracle America Supreme Court


Plano as the Venue Center for E.D.Texas

by Dennis Crouch The Eastern District of Texas winds its way from the gulf coast along the Louisiana and Arkansas border and up to Oklahoma. The district does not include of the largest Texas cities, but it does include the Dallas suburb of Plano (we can debate whether it is a suburb, but it is). Plano is important because it is Corporate HQ for a number of large companies and also serves as regional HQ for many others.  Plano is also supporting E.D.Tex. as an ongoing venue for patent infringeme...
Tags: Texas, Law, US, Arkansas, Dallas, Louisiana, Patent, PepsiCo Inc, Plano, District, Eastern District of Texas, Federal Circuit, Tex, Dennis Crouch, TC Heartland, Delaware Corporation


USPTO Update: Funds Last Till 2nd Week of February

by Dennis Crouch The USPTO has released additional information regarding its current operations and the ongoing Federal Government funding crisis.  Bottom line is that the PTO expects to continue its patent operations “until at least the second week in February.”  Things on DC appear to be thawing enough to provide hope that an appropriations bill will see some light before then. Although the USPTO is user-fee funded, it may only spend money that has been appropriated by Congress.  This limit co...
Tags: Law, Congress, Treasury, Uspto, Patent, PTO, Dennis Crouch


Patent Term Adjustment at 10 year low.

by Dennis Crouch Following-up on Yesterday’s PTA post, I wanted to run some numbers on Patent Term Adjustment.  The chart below shows the average patent term adjustment for patents issued issued since 2005. The bump in early 2010 is due to a change in interpretation of the law in the Wyeth decision.  If the PTA had been calculated consistently during this entire period, we would now be seeing the lowest values during the entire 13 year reporting period. In many ways, PTA levels are a good measur...
Tags: Law, Patent, Congressional, PTO, Wyeth, PTA, Teradata, Dennis Crouch


Supreme Court: Secret Sales are Still Prior Art

by Dennis Crouch Helsinn Healthcare v. Teva Pharma USA (Supreme Court 2019) The Supreme Court has affirmed the Federal Circuit’s interpretation of the “on sale bar” — holding that “Congress did not alter the meaning of ‘on sale’ when it enacted the AIA.” The particular focus here was whether “secret” sales continue to qualify as prior art under the revised Section 102.  Here, the court says yes — “an inventor’s sale of an invention to a third party who is obligated to keep the invention confiden...
Tags: Supreme Court, Law, Congress, AIA, Patent, Woodland Trust, Federal Circuit, Dennis Crouch, Special Devices Inc, OEA Inc, Helsinn Healthcare, Flowertree Nursery Inc


Supreme Court Asked Whether “Control” over the IPR is Required to Trigger the 315(b) Time Bar

by Dennis Crouch WesternGeco LLC, v.  ION Geophysical Corp. (Supreme Court 2019) [Petition] In 2018, WesternGeco seemingly won its international-patent-damages case against ION — with the court agreeing that lost-profit damages are available even for extra-territorial sales.  After winning its $100 million trial against ION, WesternGeco sued another competitor, Petroleum Geo-Services (PGS), for infringement.  PGS then challenged the asserted patents in an Inter Partes Review (IPR) proceeding th...
Tags: Supreme Court, Law, Ion, Patent, Board, PTO, Patent Office, Federal Circuit, UCC, PGS, IPR, WesternGeco, Dennis Crouch, WesternGeco LLC, Inter Partes Review IPR, Time Bar


How is the USPTO Operating During the Federal Government Shutdown?

by Dennis Crouch Absent a more creative solution, the current Federal Government shutdown will continue until a new appropriations law is passed by Congress and signed by the President (or veto-overridden).  The Patent Office (USPTO) is caught-up in this, but in a little bit of a quirky way. The USPTO is a fee funded agency.  Generally, patent applicants pay the USPTO, and the USPTO uses that money to pay the examiners.  However, Congress has not provided USPTO with authority to simply spend wha...
Tags: Law, Congress, US, Uspto, Patent, Agency, PTO, Dennis Crouch, PPAC, The Administration, Tony Scardino, Patent Office USPTO


PTAB Must Consider All Claims AND All Grounds

by Dennis Crouch AC Techs v. Amazon.com, Inc. (Fed. Cir. 2019) This case focuses on AIA-Trial Procedure following SAS Institute, Inc. v. Iancu, 138 S.Ct. 1348 (2018).   In SAS, the Supreme Court held that the USPTO’s institution decision is binary — “either institute review or don’t.”  If the USPTO institutes an IPR then the PTAB must issue a final written decision regarding each claim challenged in the petition.  Prior to SAS, the USPTO commonly issued partial-institution orders — instituting t...
Tags: Amazon, Supreme Court, Law, Uspto, Patent, Sas, Fed, Board, Federal Circuit, IPR, SAS Institute Inc, Dennis Crouch, PTAB, Iancu, Aquestive Therapeutics Inc, AC Techs


Read these Eligibility Guidelines from the USPTO

by Dennis Crouch The USPTO has released pair of examiner guidance documents for (1) examination of patent eligibility and (2) examination for definiteness of functional claim limitations (with a focus on software patents). 2019 Eligibility Guidance focusing Primarily but Not Exclusively on Abstract Idea analysis 2019 Definiteness Guidance for Functional Limitations in Software Patents Although these guides do not have the force of law, they are quite important because they direct the bureaucr...
Tags: Supreme Court, Law, Uspto, Patent, Alice, PTO, Examiner, Dennis Crouch, Examiners, Alice Mayo Step


What is the Role of the Objective Indicia of Nonobviousness

by Dennis Crouch ZUP, LLC, Petitioner v.  Nash Manufacturing, Inc. is a nice teaching case because the invention is so simple.  Zup’s patent covers a wake-board with a particular handle configuration and a method of riding the board — using the handles to change positions. U.S. Patent No. 8,292,681. In its decision, the Federal Circuit sided with the accused infringer Nash — affirming that the asserted claims are invalid as obvious.  In particular, the Federal Circuit agreed with the lower cour...
Tags: Supreme Court, Law, Patent, Newman, Nash, Federal Circuit, Prost, Dennis Crouch, Lourie, Nash Manufacturing Inc, ZUP LLC Petitioner, Zup


Eligibility: Dice Game Patent Craps Out

by Dennis Crouch In re Marco Guldenaar Holdings B.V. (Fed. Cir. 2018) Guldenaar is is seeking to patent his method of playing a dice game using specially marked dice.  U.S. App. No.  13/078,196.  The PTAB denied his patent on eligibility grounds and the Federal Circuit has now affirmed — holding that the method of game play is an abstract idea and the special markings on the dice represent unpatentable printed matter.  The decision here falls in line with In re Smith, 815 F.3d 816 (Fed. Cir. 201...
Tags: Law, Smith, Patent, Alice, Fed, Stevens, Chen, Bryson, PTO, Sotomayor, Mayer, Federal Circuit, Dennis Crouch, PTAB, Bilski, GINSBURG BREYER


The Relationship between Eligibility and Functional Claiming

by Dennis Crouch Glasswall Solutions v. ClearSwift (Fed. Cir. 2018) (non-precedential) Glasswall’s patent claims are directed to a process of regenerating electronic files in a way that cuts-out non-conforming data. The approach here could be used as a virus filter.  U.S. Patent Nos. 8,869,283 and 9,516,045.  Although the generalized approach here is a nice goal, the Federal Circuit noted that the claims themselves did not actually claim how to achieve the goal. The claims at issue … do not purp...
Tags: Supreme Court, Law, Congress, Halliburton, Patent, Morse, O'Reilly, Federal Circuit, Dennis Crouch, Glasswall Solutions, Glasswall, ClearSwift Fed, Halliburton Oil Well Cementing Co, Walker 329 U S, Halliburton Oil court


Avoiding the Weeds in Fee Shifting Cases

by Dennis Crouch Spineology, Inc. v. Wright Medical Tech, Inc.  (Fed. Cir. 2018) Spineology owns U.S. Reissue Patent No. RE42,757 — covering a surgical tool known as an “expandable reamer.” In 2015 Spineology sued Wright Medical for infringement — accusing its X-REAM product. Basically, these are used to hollow-out marrow from inside the femur head. Below, I have included images from the asserted patent as well as the accused product.  The similarity is striking and there is some evidence sugges...
Tags: Law, Patent, Fed, Wright, Federal Circuit, Dennis Crouch, Wright Medical, Spineology Inc, Wright Medical Tech Inc Fed, Standard U S, Spineology, Nantell, Quoting Checkpoint Sys Inc


Federal Circuit Refuses to Split Hairs over Level of Enhanced Damages

by Dennis Crouch Stryker Corp. v. Zimmer, Inc. (Fed. Cir. 2018) In a R.36 judgment-without-opinion, the Federal Circuit has affirmed Stryker’s $250 million willful-infringement verdict against Zimmer.  In the case, the jury found the asserted claims valid and infringed and awarded $70+ million in compensatory damages.  The jury also found that the infringement was willful. After receiving the jury verdict, W.D. Mich Judge Jonker awarded treble damages for the willful behavior — “Given the onesi...
Tags: Supreme Court, Law, Court, Stryker, Patent, Zimmer, District Court, Federal Circuit, Prost, Stryker Corp, Dennis Crouch, Zimmer Inc, Jonker, Federal Circuit Refuses to Split Hairs, Zimmer Inc Fed


Locking Down Written Description and Continuations-in-Part

by Dennis Crouch In re Tropp (Fed. Cir. 2018) Despite the text of the 4th Amendment of the U.S. Constitution, our government has determined that US Citizens who want the privilege of travel-by-flight implicitly give up their rights of privacy.  I used to travel with a lock on my luggage.  Of course these days, that lock will likely be broken by Transportation Safety (TSA) officials in the search for bombs (and incidentally uncovering other contraband). Tropp’s patent application is focused on a ...
Tags: Law, Brooklyn, Uspto, Tsa, Patent, Fed, Board, CIP, Federal Circuit, Tropp, Dennis Crouch, PTAB, Tropp Fed, US Citizens, Transportation Safety TSA, Waldemar Link


Issue Preclusion Following a R.36 Jugdment

by Dennis Crouch VirnetX Inc. v. Apple Inc., (Fed. Cir. December 10, 2018) The PTAB sided with Apple in the underlying IPR proceedings, finding that VirnetX patent claims were obvious. U.S. Patent No. 8,504,696 (claims 1–11, 14–25, and 28–30).  On appeal, the Federal Circuit has refused to consider the patentability merits — rather holding that the appeal is barred by issue preclusion (collateral estoppel). Issue preclusion involves two separate legal actions — and operates to bar a party from r...
Tags: Apple, Law, Patent, Fed, IETF, Federal Circuit, IPR, Dennis Crouch, PTAB, Apple Inc Fed, VirnetX Inc, Citing Phil Insul Corp, Airlite Plastics Co, Other Federal Circuit


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: USPTO 2018-2022 Strategic Plan Shazma Khan: Apple Patent Indicates New Design for Future iPhones (Source: Business Recorder) Andrew Chung: U.S. Justices Wrestle with Patent Arguments for Anti-Nausea Drug (Source: Reuters) Sam Shead:  Alan Friedman: Apple Files Patent Application to Improve the Audio for Animoji (Source: Phone Arena) Source: Phone Arena Commentary and Journal Articles: Atty. Krista L. Cox: The Minority Gender Patent Gap (Source: Above...
Tags: Law, Patent, Reuters, Andrew Chung, Alan Friedman, Dennis Crouch, Sam Shead, Knobbe Martens, Krista L Cox, Bits and Bytes, Juvan Bonni, Daly Crowley Mofford Durkee, Phone Arena Commentary, Kim Siow, Tabin Flannery LLP Dinsmore Shohl LLP, Morgan Lewis Bockius LLP Knobbe Martens


Standing to Appeal IPR Judgments: When does a Statute Create Injury-in-Fact?

by Dennis Crouch JTEKT Corporation vs. GKN Automotive LTD. (Supreme Court 2018) In 2016, JTEKT (Toyota) an inter partes review (IPR) petition challenging GKN’s Patent No. 8,215,440 (2wd/4wd dual drive-train).  During the IPR, GKN disclaimed the broadest claims, and the PTO confirmed validity of the remaining claims.  Here, the key difference from the prior art was a negative limitation – that the system coupling is “without a differential gearing.”  Wanting to also cancel those claims, JTEKT app...
Tags: Supreme Court, Law, Congress, Uspto, Robins, Patent, Gkn, PTO, Patent Office, Federal Circuit, IPR, Spokeo Inc, Dennis Crouch, RPX Corp, ChanBond LLC, JTEKT


POP! – Precedential Opinion Panel takes on Late-Joinder Attempt

by Dennis Crouch In September 2018, the USPTO rewrote several Standard Operating Procedures (SOPs) for the Patent Trial and Appeal Board (PTAB). Revised SOP2 creates the Precedential Opinion Panel (POP) to be convened to rehear issues of “exceptional importance” as well as for re-designating prior opinions as precedential, when deemed appropriate.  According to SOP2, the Precedential Opinion Panel will “typically” include the PTO Director, Commissioner for Patents, and the PTAB Chief Judge. In w...
Tags: Law, Congress, Pop, Patent, Fed, PTO, Oren, Wallach, IPR, Target Corp, Destination Maternity Corp, Dennis Crouch, PTAB, Iancu, Nidec Motor Corp, Zhongshan Broad Ocean Motor Co


Person (Having) Ordinary Skill in the Art

by Dennis Crouch One ongoing debate among patent attorneys is the proper abbreviation of the statutory phrases “person having ordinary skill in the art,” 35 U.S.C. 103, and “person skilled in the art,” 35 U.S.C. 112(a). I prefer PHOSITA ( P erson H aving O rdinary S kill I n T he A rt) while many of my colleagues use POSITA ( P erson having O rdinary S kill I n T he A rt) and in their recent petition to the Supreme Court, Mylan uses POSA ( P erson having O rdinary S kill in the  A r...
Tags: Supreme Court, Law, Wikipedia, Patent, Reyna, Federal Circuit, Wallach, Trans Atlantic, Dennis Crouch, PTAB, PHOSITA, Posa, Supreme Court Mylan, POSITA