Author: Tim Bianchi
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A Conversation with an AI Bot About Patents
It’s hard being a nerd, but yes, I interviewed an AI Bot to learn more about how it “thinks” and how to better work with it, especially as it relates to patents. * * *Human: How does a Large Language Model (LLM) determine higher frequency phrases? Bot: An LLM like myself determines higher frequency phrases…
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USPTO Withdraws Proposed Rulemaking on Terminal Disclaimers
The United States Patent and Trademark Office (USPTO) has officially decided to halt its proposed changes to terminal disclaimer practice, a decision set to be published in the Federal Register on December 4, 2024. This move has been met with relief by many in the patent community due to the significant alterations the rulemaking would…
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Federal Circuit Weighs in on Exceptional Case Determinations in Realtime Adaptive Streaming v. Sling TV and Dish
A recent Federal Circuit decision provided some additional insight into exceptional case determinations in patent infringement disputes. In Realtime Adaptive Streaming v. Sling TV, the Federal Circuit reviewed an award of attorneys’ fees granted to DISH and related Sling entities (collectively, DISH) by the United States District Court for the District of Colorado. Realtime Adaptive…
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To Limit or Not To Limit, That is the Question
It’s 2024, but patent attorneys and judges still can’t agree whether a preamble is limiting to determine potential patent infringement. One recent district court case tees up this issue in style. District court Chief Judge Colm F. Connolly was presented the issue of whether the preamble “a vaccine” was limiting or not in Alnylam Pharmaceuticals…
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Patent Office Director Vidal Finds OpenSky’s IPR Conduct to be Abuse of Process
Director Vidal issued a careful decision concerning OpenSky’s copycat filings and subsequent conduct in OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064, Paper 102. The conclusion provides a great summary of her findings: Viewed as a whole, OpenSky’s conduct has been an abuse of the IPR process, the patent system, and the Office.…
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What’s Important Now in Intellectual Property?
With all that is going on in world events and a pandemic that has raged on for over a year, it’s hard to focus on intellectual property as an important topic to discuss. But we must because innovation has carried on and patents, trademarks, copyrights, and trade secrets are still valuable assets that have to…
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Thanks to IAM for the Global Leaders 2020 Designation
In case you are interested in a recent interview IAM conducted about US patent law and post-grant activities, the link with my comments is here. Thanks to IAM for the Global Leaders 2020 award. To all my colleagues and clients, thank you as well as you are what it is all about. There has been so…
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A Split Panel of the Federal Circuit Reverses PTAB Finding of Unpatentability Without Remand in DSS v. Apple
In DSS Technology Management v. Apple Inc., a split panel of the Federal Circuit reversed a finding of patentability by the Patent Trial and Appeal Board (PTAB or the Board), but did so without remanding the case back to the Board for further findings. In DSS, the Federal Circuit considered two inter partes review decisions finding…
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PTO Brief Argues Why PTAB Can Issue Decisions On Remand From FedCir
Under the America Invents Act IPRs are supposed to be completed with a final written decision no later than a maximum of 18 mos after institution. But if the FedCir remands for further findings on appeal can the PTAB issue a decision on remand past the 18 mos? “Yes” says the USPTO, and in a…
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Complex Claim Construction Issues in Knowles Electronics v. Cirrus Logic
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A recent Federal Circuit case demonstrates the complexity of resolving difficult claim construction issues in multiple agency and court proceedings. In Knowles Electronics v. Cirrus Logic the Federal Circuit declined to apply its own prior claim interpretation of the same term of the same claims of the same patent. U.S. Patent No. 6,781,231 (“the ’231 patent”) entitled “Microelectromechanical System…