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“Magic Words” Unnecessary in Identifying Field of Endeavor for Analogous Art

Written by: Raymond S. Lu & Daniel Kiang NETFLIX, INC. v. DivX, LLC Before Hughes, Stoll, and Stark.  Appeal from the Patent Trial and Appeal Board. Summary...

Patexia Insight 186: PGR vs. IPR: Analyzing Patent Challenge Outcomes

In the dynamic realm of intellectual property, remaining at the forefront is absolutely essential. Tomorrow marks the release of a pivotal milestone – the seventh edition of our...

Feed tagged as "patent troll":
As the world becomes increasingly technologically advanced, the field of patent law is facing new and complex challenges. With the... Read More »
A patent is a legal form of protection granted to inventors for their unique and useful ideas, designs, or products. It gives the patent... Read More »
Next week, our Patent Litigation Intelligence Report will be released. The report covers the five-year period from July 1, 2017, through June 30... Read More »
Patent litigation, the process of taking legal action over alleged infringement of a patent, can have a significant impact on innovation... Read More »
Earlier this year in February, Patexia released its second annual Patent Litigation Intelligence Report covering a 4-year period from July ... Read More »
Just the week before, Sonrai Memory filed several patent infringement lawsuits targeting a group of tech companies, including Google... Read More »
When Google purchased Motorola earlier this year, their intent to monopolize on Motorola's well-established patent portfolio was clear. As a result... Read More »
Whenever it comes time to scapegoat someone in the IP world, “patent troll” is the pejorative of choice. Even in polite company, “non-practicing... Read More »
Now that the maps debacle of the iPhone 5 has died down, you may feel the need to update your destination for GPS-based schadenfreude. Simply trace the route of Apple ... Read More »
The tech IP vultures that circled around Nortel's demise reaped a hefty reward of patents, but at the cost of sharing the $4.5 billion patent windfall. Apple took ... Read More »
Comments
James McArdleAmazon (kind of like Google) has some pretty cool advantages when it comes to the mobile market by already existing in a whole bunch of other industries (online goods and services). If they can acquire the IP necessary to play with the big boys in the mobile market, they could be well positioned to leverage those strengths and be a key player going forward.
Aug 13, 2012
Intellectual Ventures paints itself a champion of innovation and a liberator of inventors. More and more detractors consider the patent private equity firm steered by ... Read More »
As if Mark Zuckerberg and Facebook don’t have enough problems, Facebook’s being sued. The patent infringement suit filed by Software Rights... Read More »
Comments
Ray Van DykeYou gloss over patent law principles and assume much. Where a company takes another company's patented technology and is sued, then if that taking is shown, if that taking is egregious, and if the judge/jury thinks an example should be made, then the judge/jury MAY award enhanced damages. If the "taking" is accidental, then enhanced damages are normally not awarded.
Aug 13, 2012
Ray Van DykeSoftware patents are very important to many American companies. The reason we have controversy on software patents is these are fairly new. Plastics, sewing and other technologies that were cutting edge years ago have similar controversies. The patent system is rigorous and questionable patents can be invalidated either in court or at the Patent Office.
Aug 13, 2012
The '662 patent is owned by Parallel Iron, whose attorneys have recently filed suit against Internet giants such as Amazon, Facebook, and LinkedIn, and even some... Read More »
Comments
Wes Boudville[continued from previous posting] but no one did, then this can be used precisely as an argument for non-obviousness.
Feb 26, 2015
Wes BoudvilleBecause no one invented the invention prior to the actual filing date, and all the starting points of the patent were present. This is related to a recent quote by a Supreme Court jurist who said regarding non-obviousness that for any patent, anyone who objected to it could merely say, after disclosure, that the patent was obvious. It is never enough to say that it is obvious. One has to raise more precise points about the patent vis a vis the prior art. And one of the arguments for non-obviousness that can be made by the patent inventor is like judo - what I mentioned above.
Feb 26, 2015
Based on recent patent infringement filings in the District Court of Delaware, trucking yards must be the next cradle of innovation. Mobile Logistics LLC, a faceless... Read More »
Facebook recently fired a salvo in its defense against Yahoo by purchasing 750 patents from IBM. To backtrack a bit for those who have not been following the latest... Read More »
Comments
Anonymous Interesting viewpoint on patent aggregators. What if Yahoo is also using the same patent aggregator? For example, if Yahoo is a member of RPX, would that membership still be useful?
Mar 26, 2012
Engulfed in the bidding frenzy of its upcoming $5 billion IPO, the last thing Facebook needed to hear was what Yahoo had to say to them this past Monday: if... Read More »
Is Intellectual Ventures (IV) really the ‘King of Patent Trolls’? If so, the company has done its best to earn the title. Objectively speaking... Read More »
An enlightened decision by the National Institutes of Health has freed up crucial transgenic strains of mice whose use for research was being threatened by a patent... Read More »
The United States has always been a leader when it comes to innovation and invention.  However, the United States Patent and Trademark Office (USPTO) has become... Read More »
More than ever, patents are big business. And more than ever, there are business that are exclusively concerned with patents. The polite term is... Read More »
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