Posts filtered by tags: Wallach[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


Federal Circuit Transitions

As expected, the Federal Circuit has announced the upcoming transition of Chief Judge from Judge Prost to Judge Moore scheduled for May 22, 2021.  Judge Prost has served as chief for seven years, and Judge Moore will begin her seven year term.  According to the court announcement, Judge Prost will continue in active service. Congratulations to the Court on a successful transition. Earlier this year, Judge Wallach announced his upcoming move to senior status set for May 31, 2021.  President Biden...
Tags: Law, Biden, Patent, Moore, Federal Circuit, Wallach, Prost, United States Court of Appeals, Tiffany Cunningham, Federal Circuit Transitions, Moore Tiffany Cunningham


United States: To Limit Or Not To Limit: What Is The Basis Of Your Prior Art Distinction During Prosecution? - Knobbe Martens

Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware
Tags: News, United States, United States District Court, Wallach, Knobbe Martens, Prost Bryson


Remembering Dave Hull, the KRLA radio legend so popular he had his own flavor of ice cream

If you grew up in Los Angeles during the 1960s or even the 1970s, you are most likely familiar with Dave Hull — The Hullabalooer — heard on various stations throughout the city but best remembered on the original KRLA (now KRDC, 1110 AM) not once but four times! Hull was a thorn in the side of KHJ programmer Ron Jacobs; he was the one KRLA DJ that Jacobs couldn’t beat … his wacky, friendly, fun style of radio was just too popular and he remained one of KRLA’s most highly rated and beloved DJs th...
Tags: Facebook, Los Angeles, Sport, Dave, Soccer, Brian, Las Vegas, Hull, Palm Springs, Southern California, North Africa, Capitol Records, South Bay, Jacobs, Lisa, St Jude Children s Research Hospital


Remembering a Beatle connected KRLA radio legend so popular he had his own flavor of ice cream

If you grew up in Los Angeles during the 1960s or even the 1970s, you are most likely familiar with Dave Hull — The Hullabalooer — heard on various stations throughout the city but best remembered on the original KRLA (now KRDC, 1110 AM) not once but four times! Hull was a thorn in the side of KHJ programmer Ron Jacobs; he was the one KRLA DJ that Jacobs couldn’t beat … his wacky, friendly, fun style of radio was just too popular and he remained one of KRLA’s most highly rated and beloved DJs th...
Tags: Facebook, Los Angeles, Sport, Dave, Soccer, Brian, Las Vegas, Hull, Palm Springs, Southern California, North Africa, Capitol Records, South Bay, Jacobs, Lisa, St Jude Children s Research Hospital


Robert Lighthizer Blew Up 60 Years of Trade Policy. Nobody Knows What Happens Next.

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox. On a spring day in 2017, Robert Lighthizer walked through the doors of the office of the United States Trade Representative to introduce himself to the career staff who had shepherded American trade policy for a generation. After a chaotic few months awaiting Lighthizer’s confirmation, officials were eager f...
Tags: Apple, Facebook, Europe, Tpp, News, Obama, Congress, Washington, Mexico, Oregon, Senate, White House, China, India, US, America


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


Federal Circuit: Amended Claims in IPR Should be Subject to Full Examination (Including 101)

by Dennis Crouch Uniloc 2017 LLC v. Hulu, LLC & Netflic, Inc. (Fed. Cir. 2020) A divided Federal Circuit has authorized the PTAB to consider patent-eligibility challenges during inter partes review (IPR) proceedings in the context of a patentee’s motion to amend the claims.   Uniloc had moved to amend with substitute claims and Hulu opposed. The PTAB then denied the motion to amend — concluding that the proposed claims were not subject matter eligible under Section 101.  The PTAB’s subsequent re...
Tags: Supreme Court, Law, Congress, Uspto, Hulu, Patent, Fed, O'Malley, PTO, Federal Circuit, Wallach, IPR, Dennis Crouch, PTAB, Uniloc, Matal


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


En Banc Denial in Arthrex

by Dennis Crouch Arthrex, Inc. v. Smith & Nephew, Inc. and U.S. as intervenor (Fed. Cir. 2020) (en banc denial) None of the parties in this case were happy with the Federal Circuit’s original decision in Arthrex and all filed petitions for en banc rehearing.  Those petitions have now been denied in what appears to be a 8-4 split with Judges Newman, Wallach, Dyk, and Hughes expressly dissenting from the denial.  Judge Moore authored the original opinion in the case and also authored an opinion he...
Tags: Supreme Court, Law, Congress, Senate, US, United States, Uspto, AIA, Patent, Fed, Moore, Congressional, Duffy, Hughes, Chen, O'Malley


Jimmy Iovine once reportedly blew it in a meeting with Mark Zuckerberg and missed out on investing in Facebook (FB)

Record executive Jimmy Iovine missed out on an early opportunity to invest in Facebook, according to the new book "A-List Angels" by Zack O'Malley Greenburg, which describes a meeting between Iovine and Zuckerberg in 2007. Iovine was reportedly 45 minutes late and told Zuckerberg that he didn't use Facebook.  While Iovine didn't make millions off Facebook, he went on to create Beats with Dr. Dre, which was acquired by Apple for $3 billion.  Visit Business Insider's homepage for more stories. ...
Tags: Apple, Facebook, Mark Zuckerberg, Spotify, Elon Musk, Trends, Harvard, Silicon Valley, Wu Tang Clan, Steve, Jimmy Iovine, Zuckerberg, Dre, Jimmy, Wallach, Iovine


United States: The Federal Circuit's Polaris Decision Provides Insights Into The Constitutionality Of Inter Partes Reviews - Cadwalader, Wickersham & Taft LLP

As previously reported here, Judges Reyna, Hughes, and Wallach ordered additional briefing in Polaris Innovations Ltd. v. Kingston Technology Company...
Tags: News, United States, Polaris, Federal Circuit, Wallach, Taft LLP, Polaris Innovations Ltd, Inter Partes Reviews Cadwalader Wickersham, Reyna Hughes


Google Servers – Not Enough for Venue

In re Google (Fed. Cir. 2020) In a mandamus order, the Federal Circuit has ruled that Google cannot be sued in E.D. Texas for patent infringement — holding that the district is an improper venue under TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017). For most Federal Causes of action, venue is deemed proper if the court hearing the case has personal jurisdiction over the defendants. However, patent infringement cases are different.  Patent cases fall under a more specific...
Tags: Google, Texas, Law, Patent, TX, District, Federal Circuit, Eastern District, Cray, Wallach, District Courts, TC Heartland LLC, Kraft Foods Group Brands LLC, Google Fed, Google Servers, Super Interconnect Techs LLC


Constitutionality of Administrative Patent Judges

The Federal Circuit has issued two recent Arthrex-related orders of note. In Arthrex, the Federal Circuit held that the appointment process for PTAB judges (Administrative Patent Judges) violates the Appointments Clause of Article II of the U.S. Constitution.  According to the court, these Judges are “principal officers” and thus must be appointed by the President of the United States (rather than merely the head of the Commerce Dep’t).  I explained in a prior post that the court also “issued a ...
Tags: Law, Congress, United States, Commerce, Uspto, Patent, Fed, Hughes, PTO, Federal Circuit, Wallach, Fed Cir, PTAB, Arthrex, Commerce Dep, PTAB IPR


Allison Wallach Tapped to Head Fox Entertainment’s Unscripted Studio

Fox Entertainment has named Allison Wallach to the newly created position of executive vice president of Fox Alternative Entertainment, Fox Entertainment’s recently formed in-house unscripted studio. Wallach will be tasked with identifying, developing and producing unscripted programming both for Fox and other platforms, growing the alternative studio’s staff, talent and producer pipeline. FAE, formed just […]
Tags: News, Fox, Wallach, Fox Entertainment, Allison Wallach, Fox Alternative Entertainment, Fox Alternative Entertainment Fox Entertainment


Tail on Narwhal the Puppy's Head Might Have Been a Vestige of a Parasitic Twin

A puppy with a tail on his face gained viral fame this week."I would die for Narwhal," a number of Twitter commenters pledged.The rescue mutt was named for a marine mammal with a single tusk that sticks out of its face. But instead of a tusk, Narwhal the puppy has a miniature tail flopping between his eyes. Scientists don't agree on how the unusual heart-stealer came to exist.A Missouri shelter called Mac's Mission, which specializes in what it calls "janky" dogs, took in the abandoned p...
Tags: Science, New York Times, Tufts University, Levin, Brady Belichick, Kilroy, Wallach, Michael Levin, Narwhal, Allen Discovery Center, Casal, Margret Casal, David Kilroy, Van Wallach


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


Unfair Competition at the USITC

Amarin Pharma, Inc. v. International Trade Commission (Fed. Cir. 2019) In 2017, Amarin filed a Section 337 complaint at the ITC — alleging unfair competition against several dietary supplement importers.  Amarin sells a prescription drug containing a particular omega-3 fatty acid known as EPA (eicosapentaenoic acid). A number of supplement companies started importing synthetic omega-3 fatty acids and Amarin looked for a way to shut them down.  Although Amarin’s formulation is patented, the impo...
Tags: Law, United States, Fda, Epa, Itc, Patent, Fdca, Hughes, Federal Circuit, Coca Cola Co, Wallach, Prost, The Commission, USITC, Amarin, International Trade Commission Fed


TTI v. IBG: Federal Circuit clarifies meaning of “technical solution to a technical problem”

Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers, LLC (Fed. Cir. April 19, 2019).  Panel: Moore (author), Mayer, and Linn  Download TTI v IBG (April 18, 2019) Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers, LLC (Fed. Cir. April 30, 2019), Panel: Moore (author), Clevenger and Wallach.  Download TTI v. IBG (April 30, 2019) This is a long post since it covers two opinions addressing Covered Business Method (CBM) review for business method claims, pl...
Tags: Apple, Law, Uspto, Patent, Sap, Alice, Fed, Board, Moore, Reyna, Mayer, Federal Circuit, Wallach, CBM, Clevenger, Linn


The invention here is a treatment claim — that is therefore patent eligible. 

by Dennis Crouch The decision here is an important case adding substantial nuance to the product and law of nature exceptions. Natural Alternatives Int’l. Inc. v. Creative Compounds, LLC (Fed. Cir. 2019) Earlier this week I wrote about a separate Natural Alternatives reexamination appeal pending before the US Supreme Court on the issue of improper priority claims. The case at hand focuses on patent eligibility.  Natural Alternatives sued Creative for infringing six of its patents covering variou...
Tags: Law, Patent, US supreme court, Moore, Reyna, Federal Circuit, Wallach, Chakrabarty, Dennis Crouch, Vanda, Natural Alternatives Int ' l Inc, Creative Compounds LLC Fed


Radio: Adjust your dials, LA: Here’s what might be the best station in the country

My wife Jean and I took a trip out to Grinnell, Iowa to see the Midwest Conference Championships for collegiate swimming and diving. No, it wasn’t just to visit the snow. My son was competing in the event, and it was the only meet we were able to attend this season. While there, we sampled the local radio stations that could be received in the area. They had an Alt 106.3, just like here and I am sure owned by iHeart, just like our local Alt 98.7. Even had the Woody Show. Boring. I don’t want to ...
Tags: La, Los Angeles, Sport, Radio, Things To Do, Soccer, Iowa, Fidelity, Illinois, San Pedro, Torrance, Jean, Chevy Cruze, Entercom, Wallach, Grinnell Iowa


How a Businesswoman Became a Voice for Art’s Black Models

Denise Murrell’s interest in art, and its treatment of black people, led her to change careers and organize the exhibition “Posing Modernity.”
Tags: Art, News, Discrimination, Art Gallery, Blacks, Thomas, Matisse, Manet, Denise, Henri, Wallach, Edouard, Murrell, Race and Ethnicity, Miriam and Ira D, Mickalene


Artificial intelligence’s rise exposes gaping gender gap

By Matt O’Brien, The Associated Press The challenges of making the technology industry a more welcoming place for women are numerous, especially in the booming field of artificial intelligence. To get a sense of just how monumental a task the tech community faces, look no further than the marquee gathering for AI’s top scientists. Preparations for this year’s event drew controversy not only because there weren’t enough female speakers or study authors. The biggest debate was over the conference’...
Tags: Google, Facebook, Twitter, Microsoft, Sport, Soccer, Montreal, Duke, Versace, Matt O Brien, Wallach, Google Amazon Microsoft, Neurala, Jeff Dean, Neural Information Processing Systems, Hanna Wallach


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


Alexander: Cal State Fullerton baseball family remembers Augie Garrido

  Former big leaguer Mark Kotsay speaks during the Celebration of Life honoring long-time baseball coach Augie Garrido at Cal State Fullerton’s Titan Gym in Fullerton on Friday, November 9, 2018. (Photo by Kevin Sullivan, Orange County Register/SCNG) Former big leaguer Phil Nevin speaks during the Celebration of Life honoring long-time baseball coach Augie Garrido at Cal State Fullerton’s Titan Gym in Fullerton on Friday, November 9, 2018. (Photo by Kevin Sullivan, Orange County Register/S...
Tags: Texas, Oregon, Sports, Sport, Austin, Soccer, Miami, College sports, Ncaa, Oakland, Disneyland, Yankees, Cal State Fullerton, Pittsburgh, Alexander, Horton


Critic’s Pick: A Long Overdue Light on Black Models of Early Modernism

A new exhibition at the Miriam and Ira D. Wallach Art Gallery revisits mid-19th-century Paris to examine the significance of black female models.
Tags: Art, News, Paris, Art Gallery, Blacks, Matisse, Manet, Denise, Frederic, Miriam, Henri, Wallach, Edouard, Murrell, Miriam and Ira D, Bazille


CLE on Analyzing Federal Circuit Opinions

LexisNexis will be offering a CLE event on "How to Analyze Federal Circuit Opinions on Patent Law" on October 24, 2018 from 3:30 to 4:30 pm (ET) at The National Press Club in Washington, DC. Donald Chisum, the author of Chisum on Patents, will discuss how to analyze the opinions of the Court of Appeals for the Federal Circuit to assess their impact on patent law and practice, and will illustrate how to "deconstruct" sometimes opaque opinions using recent cases from 2018 as examples. Cases that w...
Tags: Law, Washington, Monsanto, DuPont, LexisNexis, Court of Appeals for the Federal Circuit, Wallach, Patent Docs, Conferences & CLE's, Donald Chisum, Analyzing Federal Circuit Opinions, Analyze Federal Circuit Opinions, The National Press Club


No Substance: Hyatt’s Challenge of MPEP 1207.04 (reopening prosecution rather than hearing appeal)

by Dennis Crouch Hyatt v. USPTO (Fed. Cir. 2018) (Judges HUGHES, Reyna, and Wallach) This billionaire gets no respect!  Gilbert Hyatt is the named invenetor on 70+ US patents and has 400+ pending patent applications “all of which were filed prior to June 8, 1995.” That date is critical because those “pre-GATT” applications will remain in force for 17-years from their issue date (if they ever issue).  These applications claim priority back to the early 1970s. For the past 10 years, Hyatt has been...
Tags: Law, US, United States, Va, Uspto, Patent, Hyatt, Fed, APA, PTO, Reyna, Federal Circuit, Wallach, PTAB, Nevada District Court, GATT


With billions of sports betting dollars at stake, everyone wants a piece of the action

Months before the Supreme Court would rule against them, opening the door for legalized sports betting in the United States, the NBA and MLB had already hedged their bets on an issue they’d spent years — and millions — betting against. As the court considered the case, representatives from the MLB and NBA met with top lawmakers in New Jersey. Since 2012, when the leagues first sued the state over sports betting, the two sides had been at a bitter, legal impasse. But as the state’s victory began ...
Tags: Europe, New York, Mississippi, Supreme Court, California, Sports, Sacramento, NFL, Sport, Ap, Soccer, Pennsylvania, United States, New York Times, Connecticut, New Jersey