Posts filtered by tags: Stoll[x]


Invention of a Slave: 2021 Redux

by Dennis Crouch Tormasi v. Western Digital, Docket No. 20-1396 (Supreme Court 2021) Walter Tormasi is a prisoner in the New Jersey state prison system. He is serving a life sentence for murdering his mother when he was 16 years old after apparently receiving encouragement from his father, Attila. Tormasi is also a patentee.  His U.S. Patent No. 7,324,301 covers a computer hard-drive that allows for “simultaneously and independently” reading and/or writing on different carrier surfaces within t...
Tags: Supreme Court, Law, United States, New Jersey, Patent, Western Digital, Lewis, Trenton, Chen, Casey, Federal Circuit, Stoll, Wallach, John Kane, New Jersey New Jersey, Brooks Kushman

After initial social media bragging, suspects now scramble to delete

By Marshall Cohen and Paul P. Murphy | CNN While scores of Capitol rioters flaunted their role in the January 6 attack, a growing number of insurrectionists are accused of covering their tracks by destroying cell phones, wiping social media posts and threatening witnesses. After the sugar-high of storming the Capitol wore off, about 30 of the known rioters facing charges allegedly tried to destroy evidence or sanitize their social media profiles, according to a CNN review of FBI affidavits and c...
Tags: Facebook, Texas, Washington, Senate, White House, Alabama, Sport, Cnn, Fbi, Soccer, House, Ohio, Biden, Donald Trump, Justice Department, Black

Supreme Court will hear Assignor Estoppel Case

Minerva Surgical Inc. v. Hologic Inc. (Supreme Court 2021) The Supreme Court has granted certiorari in this case involving the traditional doctrine of assignor estoppel. Question Presented by Minerva: The question is whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits. Question Presented by Hologic: The question presented is whether the longstanding common-law doctrine ...
Tags: Supreme Court, Law, Patent, PTO, Lear, Federal Circuit, Adkins, Stoll, Hologic, Lemley, Minerva Surgical Inc, Hologic Inc Supreme Court, Licensee Estoppel Licensee, Assignor Estoppel See e g Coastal Dynamics Corp, SymbolicDisplays Inc

United States: No Simulating Alice Requirements: Application Of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter - Knobbe Martens

Before Prost, Clevenger, and Stoll. Appeal from the United States District Court for the District of Utah.
Tags: News, United States, Stoll, Knobbe Martens, Prost Clevenger

Federal Circuit: User Experience is not Computer Functionality

by Dennis Crouch Simio, LLC v. FlexSim Software (Fed. Cir. 2020) (opinion by Chief Judge Prost and joined by Judges Clevenger and Stoll). In this case, the Federal Circuit has affirmed the lower court’s summary dismissal of Simio’s infringement lawsuit on eligibility grounds.  The appellate panel also upheld the lower court’s refusal to permit the patentee to amend its complaint — seeing the proposed amendment as “futile.” Dennis Pegden has received many awards for his work developing software (...
Tags: Law, Patent, LLC, Federal Circuit, Stoll, Prost, Clevenger, Alice Step, Dennis Crouch Simio, FlexSim Software Fed, Simio, Dennis Pegden, Rockwell Later, FlexSim

Key figure in Renault's F1 revival Stoll to step down in December

Renault Sport Racing president Jerome Stoll, a key player in the marque's resurgence in Formula 1 over the past five years, is to step down from his role at the end of Decembe
Tags: Sport, F1, Renault, Stoll, Jerome Stoll, Renault Sport Racing, Autosport

A Lesson from Judge Chen on Waiver vs Forfeiture

by Dennis Crouch In re Google Technology Holdings LLC (Fed. Cir. 2020) Decision authored by Judge Chen and joined by Judges Taranto and Stoll This is an ex parte appeal of a patent office refusal to grant a patent to Google on its U.S. Pat. App. No. 15/179,765 (distributed caching of content for video-on-demand).  The examiner rejected the claims as obvious and that was affirmed by the PTAB.  On appeal here the Federal Circuit affirms on forfeiture grounds: Because we conclude that Google has fo...
Tags: Google, Law, Johnson, Patent, Board, Chen, Federal Circuit, Stoll, Dennis Crouch, PTAB, Olano, Equitable Estoppel, Judges Taranto, Zerbst, Google Technology Holdings LLC Fed, Supreme Court Case of US

United States: Claim Construction Arguments Not Made To The PTAB Are Forfeited On Appeal - Knobbe Martens

Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Tags: News, United States, Stoll, Knobbe Martens, Taranto Chen

Patent Eligibility of Claims Directed to Printed Matter

by Dennis Crouch C R Bard Inc. v. AngioDynamics, Inc., No. 19-1756 (Fed. Cir. 2020) (Opinion by Judge Reyna, joined by Judges Schall and Stoll). = = = = Important: The court in this case particularly holds that “a claim may be found patent ineligible under § 101 on the grounds that it is directed solely to non-functional printed matter and the claim contains no additional inventive concept.” = = = = Question: How does the printed-matter-doctrine apply to letters that can only be read using an X-...
Tags: Law, Court, Fda, Patent, Alice, Fed, Bard, Bruce, Praxair, Reyna, Johns, Federal Circuit, C R Bard Inc, Stoll, AngioDynamics Inc, AngioDynamics

Certiorari granted in Arthrex

by Dennis Crouch The Supreme Court has granted Certiorari in Arthrex on the questions of whether Administrative Patent Judges (APJs) were properly appointed under the U.S. Constitution and, if not, what is the proper remedy. None of the appellants were satisfied with the Federal Circuit’s decision in the case and each petitioned for Supreme Court review. Subsequently, the U.S. Gov’t filed a memorandum walking through what it saw as the three unifying questions presented in the case. The court ha...
Tags: Supreme Court, Law, Congress, Senate, Court, Patent, Moore, Hughes, Chen, O'Malley, U S Patent and Trademark Office, Reyna, Federal Circuit, Stoll, Prost, IPR

AntiBody Fragment: A Description of the Federal Circuit?

by Dennis Crouch Baxalta Inc. v. Genentech, Inc., 2020 WL 5048435 (Fed. Cir. Aug. 27, 2020) Although not en banc, this case was picked-up by five different Federal Circuit judges with two separate opinions and one recusal. Sitting by designation as a D.Del. district court, Judge Dyk sided with the accused infringer Genentech by narrowly construing Baxalta’s US7033590.  Although perhaps most jury members would need some help with definitions, the disputed terms are incredibly basic and fundamenta...
Tags: Law, Patent, Baxalta, Genentech, Baxalta Inc, Federal Circuit, Stoll, Genentech Inc, Dennis Crouch, Dyk, Fed Cir, Plager, Moore Wallach

NJ Law Limiting Patentee’s Capacity to Sue Upheld on Appeal

by Dennis Crouch This is a quirky case, but the holding is troubling — that a patent owner’s state of residence can prohibit the patentee from using the federal courts to assert their patent rights.  I would think the 14th Amendment is on point: “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Walter Tormasi v. Western Digital Corp. (Fed. Cir. 2020) Tormasi is serving a live sentence at the Maximum Security New Jersey State Prison in Trenton fo...
Tags: Law, New Jersey, Patent, Western Digital, Federal Court, Trenton, Cal, Department of Corrections, District Court, Chen, Federal Circuit, Stoll, Wallach, Dennis Crouch, New Jersey State Prison, Walter Tormasi

The Station: Uber eats rides, the next micromobility trend, Levandowksi’s day in court

The Station is a weekly newsletter dedicated to all things transportation. Sign up here — just click The Station — to receive it every Saturday in your inbox. Hello and welcome back to The Station, a newsletter dedicated to all the present and future ways people and packages move from Point A to Point B. A series of recent and upcoming vehicle reveals have provided yet another reminder of how automakers are doubling down on tech. This isn’t just about the shift away from knobs and buttons and to...
Tags: Google, Lyft, Uber, Europe, California, Washington, China, New York City, Los Angeles, Tech, Tesla, Bloomberg, Automotive, United States, Ford, Electric Vehicles

Evaluating Employee Health Benefits Due to COVID-19?

How to Compare Traditional Health Insurance and Alternatives Small businesses have been hit hard by the pandemic and may be facing tough decisions on how, and if, they can afford to provide health benefits, including dental and vision, to their employees right now. And with so many Americans relying on employee-provided benefits, it’s important to evaluate all options – you don’t have to choose between traditional insurance and no insurance at all. Cost-effective alternatives can reduce strain o...
Tags: Business, Management, Irs, Right Now, Stoll, Small Business Health Options Program SHOP, Compare Traditional Health Insurance, Traditional Health Insurance Costs First, Alternatives to Traditional Health Plans, Dental Savings Plans, Advantages of Savings Plans Savings, Jenn Stoll, Consumer Health Alliance CHA Health

Black Californians’ housing crisis, by the numbers

California’s housing crisis is nothing new for many black Californians. Systemic racism in public policy and the private housing market has long made finding a safe, stable and affordable home in the Golden State a more difficult prospect for its roughly 2.2 million black residents than for white people. The legacy of New Deal-era redlining — which deemed black neighborhoods undesirable for federally-backed mortgages — is demonstrably visible not only where black Californians live now but where ...
Tags: Business, Real Estate, Politics, New York, Texas, News, California, Housing, California News, Los Angeles, San Francisco, Sport, Things To Do, Soccer, Wisconsin, Kansas

Assignor Estoppel

In Hologic, Inc. v. Minerva Surgical, Inc., 957 F.3d 1256 (Fed. Cir. 2020), the court upheld the doctrine of “assignor estoppel” but also found that it could be collaterally attacked via IPR since the PTO does not enforce the doctrine.  The panel – led by Judge Stoll — also called for reconsideration of the doctrine “as it applies both in district court and in the Patent Office.” The patentee in this case want the the court to broadly hold that assignor estoppel cannot be circumvented via IPR pr...
Tags: Law, Patent, Fed, PTO, Patent Office, Federal Circuit, Hologic Inc, Stoll, Mark Lemley Stanford, Minerva Surgical Inc

Oilers’ Doug Weight Trade Revisited

No list of the greatest players in Edmonton Oilers history is complete without Doug Weight. While he never won a Stanley Cup with the Oilers, he was the team’s best player for almost a decade and led Edmonton to multiple first-round playoff upsets in the late 1990s. The New York Rangers dealt Weight to the Oilers in exchange for Esa Tikkanen on March 17, 1993. Weight quickly packed up his gear and sticks and moved down the hallway to the visitors’ dressing room at Madison Square Garden, as th...
Tags: Sport, United States, Blues, Rangers, Detroit Red Wings, Hockey, NHL, St Louis, Edmonton, New York Rangers, Anaheim Ducks, Los Angeles Kings, Boston Bruins, Montreal Canadiens, Madison Square Garden, Edmonton Oilers

Judge Stoll Calls for En Banc Consideration of Assignor Estoppel

by Dennis Crouch Hologic, Inc. v. Minerva Surgical, Inc. (Fed. Cir. 2020) The assignor estoppel doctrine (a doctrine in equity) potentially becomes more important in times of economic upheaval. Through layoffs, mergers, and acquisition of underperforming companies, patents are more likely to end up in the hands of someone other than their original owner or assignee.  Conflicts then arise when that original inventor (ot prior owner) reenters the market and begins to compete against the new patent...
Tags: Law, Diamond, Uspto, Patent, Fed, Board, Westinghouse, Minerva, Mentor Graphics Corp, Patent Office, Federal Circuit, Hologic Inc, Stoll, Wallach, Hologic, IPR

CardioNet v. InfoBionic: Patenting a Diagnostic Tool

by Dennis Crouch CardioNet, LLC v. InfoBionic, Inc. (Fed. Cir. 2020) I have been following this case for the past couple of years because it served as the template for our 8th Annual Patent Law Moot Court at Mizzou back in 2018 (Sponsored by McKool Smith). In the case, CardioNet sued InfoBionic for infringement (D.Mass.).  The district court quickly dismissed the case for failure to state a claim under R. 12(b)(6) – ruling that the claims of CardioNet’s US7941207 are improperly directed at paten...
Tags: Supreme Court, Law, Patent, Mizzou, Stoll, Dennis Crouch, Dyk, McKool Smith, Plager, CardioNet LLC, CardioNet, InfoBionic Inc Fed

Federal Circuit Confirms “Consisting Essentially Of” Trap for Patent Applicants

by Dennis Crouch HZNP Finance Limited v. Actavis Laboratories UT, Inc. (Fed. Cir. 2020) [En Banc Order][Original Panel Decision] In an 8-4 Federal Circuit has denied HZNP’s petition for en banc rehearing over a vigorous dissent from Judge Lourie (joined by Judges Newman, O’Malley, and Stoll). The focus of the petition is the “reasonable certainty” indefiniteness standard in relation to the un-expressed elements of an invention claimed using the transitional phrase “consisting essentially of.”  I...
Tags: Law, Patent, Newman, Federal Circuit, Stoll, DMSO, Dennis Crouch, Lourie, HZNP, Federal Circuit Confirms, HZNP Finance Limited, Actavis Laboratories UT Inc Fed, Newman O'Malley

Kings Have Pieces in Place for Second-Half Growth

Accountability, in the form of player buy-in, ranks at the top of the list of reasons for serious new growth for the Los Angeles Kings going into the second half of 2019-20. It has been mentioned by 12-year veteran defenseman Drew Doughty that the absence of guys like Matt Greene and Jarret Stoll had a negative effect on the team, especially in regard to player accountability, in that there wasn’t the same level of demand and expectation after the Kings moved on from Greene and Stoll. Also, the ...
Tags: Usa, Sweden, La, Los Angeles, Sport, Kings, Hockey, NHL, Dustin Brown, Los Angeles Kings, Carter, Jarret Stoll, Brown, Campbell, Anze Kopitar, All Star

A profile of Cliff "Cuckoo's Egg" Stoll, a pioneering "hacker hunter"

Cliff Stoll (previously) is a computing legend: his 1989 book The Cuckoo's Egg tells the story of how he was drafted to help run Lawrence Berkeley Lab's computers (he was a physicist who knew a lot about Unix systems), and then discovered a $0.75 billing discrepancy that set him on the trail of East German hackers working for the Soviet Union, using his servers as a staging point to infiltrate US military networks. The book is superbly written and fascinating, and it inspired a generation o...
Tags: Security, Post, Books, News, Spooks, US, Cold War, Infosec, Oakland, Halifax, Lawrence Berkeley Lab, Hanover, Hess, Soviet Union, Greenberg, Klein

Corey Stoll & Julianna Margulies Join Billions Season 5

Corey Stoll & Julianna Margulies join Billions season 5 Golden Globe nominee Corey Stoll (House of Cards, The Strain, Ant-Man) and Emmy and Golden Globe winner Julianna Margulies (The Good Wife, The Hot Zone, Dietland) have joined Showtime’s hit drama series Billions for its fifth season. Margulies is set to guest star as Catherine Brant, an Ivy League sociology professor and bestselling author. Stoll will play Michael Prince in a season-long arc. The character is a business titan from a smal...
Tags: TV, New York, Movies, Indiana, Showtime, TV News, Ivy League, Damian Lewis, Paul Giamatti, Julianna Margulies, Billions, Golden Globe, Brian Koppelman, David Levien, Andrew Ross Sorkin, Stoll

‘Billions’ Season 5 Adds Julianna Margulies, Corey Stoll

Julianna Margulies and Corey Stoll have both signed on for guest starring roles in the upcoming fifth season of “Billions.” Margulies will play Catherine Brant in the Showtime drama, who is described as an Ivy League sociology professor and bestselling author. Stoll joins in a season-long arc as Michael Prince, a business titan from a […]
Tags: News, Showtime, Julianna Margulies, Billions, Stoll, Corey Stoll, Margulies, Michael Prince, Catherine Brant, Julianna Margulies Corey Stoll

Edmonton Oilers’ 2003-04 Season

Sixteen years ago, the Edmonton Oilers were a very different team. In 2003-04 they didn’t have a Connor McDavid or a Leon Draisaitl, but they had a stronger supporting cast than the current squad. Despite their lack of high-end talent, head coach Craig MacTavish maximized the potential of every player on the roster and nearly guided the Oilers to a playoff berth. Ales Hemsky (Jason O. Watson-US PRESSWIRE) The Oilers had a decent start to the season, going 10-7-2-0 in their first 19 g...
Tags: Usa, Los Angeles, Sport, Nashville, Philadelphia, Hockey, NHL, Montreal, San Jose Sharks, Calgary, Edmonton, New York Rangers, Chicago Blackhawks, Florida Panthers, Canadiens, Edmonton Oilers

Nextiva Names Former Apple Executive Marc Stoll as Next President and COO

Nextiva has a new President and Chief Operating Officer. Marc Stoll previously worked at Apple. Stoll served as VP Worldwide Sales Finance during the Steve Jobs era. Small Business Trends contacted him via email to find out about his plans for the cloud communications company. Making Use of Previous Experience Stoll started by talking about his previous experience and how that would help him in his new role. “My past has been all about scaling technology companies and improving their operatio...
Tags: Apple, Sales, Startup, Stool, Said, Compaq, Stoll, Small Business Trends, Nextiva, Marc Stoll, Apple Stoll, Voice CRM, SMB s Customers

102(f), Where have you Gone?

Endo v. Actavis (Fed. Cir. 2019) Obviousness is a tough issue to appeal because its flexible fact-heavy analysis lends itself to giving deference to the fact-finder.  This is a case-in-point. Endo is the exclusive licensee of Mallinckrodt’s U.S. Patent 8,871,779 covering a form of the opioid oxymorphone.  Claim 1 is directed to a highly pure form of “oxymorphone” with “less than 0.001% of 14-hydroxymorphinone.” Actavis argued that the claims were invalid as obvious.  However, following a bench t...
Tags: Law, Fda, Delaware, AIA, Patent, Federal Circuit, Stoll, Wallach, Endo, Mallinckrodt, Clevenger, Actavis, Actavis Fed

How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well)

On Monday, I’m participating in a Copyright Office workshop on Section 512. The workshop supports the Copyright Office’s long-pending Section 512 report, which started in 2015 but stalled out in 2017. To freshen up the project, the workshop will cover developments since 2017. Over 50 “speakers” are participating in the panels, and each has been given a total of 45 *SECONDS* to make introductory remarks. I do talk fast…but not that fast! My incredibly brief remarks will address the caselaw update...
Tags: Law, Copyright, Ohio, Dmca, Kazakhstan, Johnson, Smith, Crossfit, Vodka, Usc, Viacom, Automattic, Shropshire, Copyright Office, Umg, Dod

Network Monitoring and

by Dennis Crouch It appears that the Federal Circuit has sharpened its blades and is now slicing the bologna extra thin.  This results-oriented decision unfortunately shades-facts and provides no clarity in its legal analysis of eligibility. While I agree that this network security invention should be eligible for patenting – the court’s analysis does not provide a convincing foundation for that result.  SRI International, Inc. v. Cisco Systems, Inc. (Fed. Cir 2019) At the close of trial, the ju...
Tags: Supreme Court, Law, Cisco, Patent, Fed, Robinson, O'Malley, Federal Circuit, Stoll, Dennis Crouch, Lourie, Vanda, Internet Security Systems Inc, SRI International Inc, Cisco Systems Inc Fed, Electric Power Group