Posts Tagged ‘Patent Law’

Partnering In Patents XXI Program At USPTO Oct 22nd

Tuesday, October 21st, 2014

Since I am suffering from section 101 fatigue, tomorrow I will be speaking at this program on indefiniteness post-Nautilus. However, this meeting gets interesting earlier in the afternoon when Andrew Hirschfeld presents on “Updates on 101 training and Examiner Guidance” (working title) followed by Michael Stein, the “AIPLA Speaker” whose topic is “Understanding Patent Eligibility After Alice, Practical Tips for Practitioners and Examiners.”

The big question for my computer law and software brethren is whether or not there is any patent eligibility post-Alice for the inventions claimed in most of their pending applications? A quick survey by one of my partners indicates that over 90% of the applications filed by one big “software company” in Class 705 (Data Processing; Financial, Business Practice, Management, or Cost/Price Determination) that have received Office Actions in August received 101 rejections. As a stock car race driver once said to me when he was boxed in and about to “take the wall,” “I had nowhere to go but up.”

BIO Provides Supplemental Comments on PTO s.101 Guidelines

Tuesday, October 21st, 2014

BIO recently generated a letter to the PTO on the March 6th Guidelines on the patent-eligibility of subject matter in the life sciences, particularly “natural products.” BIO invited a group of in-house and private practitioners to comment on the Guidelines and a number of them – including myself – signed off on the letter. Following appearances by a Mr. Hirschfeld at a number of industry conferences and symposia, the biotech/pharma community felt that there is a realistic chance the initial Guidelines will be released in revised form in the near future.

Supplemental comments on USPTO Myriad guidance (10-14)

“The Good Wife” Defends GMOs

Tuesday, October 7th, 2014

Last Sunday’s episode of “The Good Wife” featured a Christian mediation between a farmer (Robert Joy) sued by a Pioneer-like company, represented by the actor Richard Thomas, for saving GMO corn seed for replanting. The facts were a mash-up of J.E.M. Ag Supply v. Pioneer Hi-Bred., 534 U.S. 124 (2001), and Monsanto Canada v. Schmeiser, 1 S.C.R. 902 (2004). In the former case, JEM was selling Pioneer’s hybrid seed that had been “saved” by farmers from a previous crop of the seed, in violation of the shrink wrap-type license on the original Pioneer seed they had purchased at JEM. In Monsanto-Canada, a farmer saved and replanted glyphosate-resistant canola seed from a field he claimed was contaminated by “GMO” pollen from neighboring fields.

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PLANET BLUE v. NAMCO – Abstract at the “Point of Novelty”

Monday, September 29th, 2014

In McRO, Inc. d.b.a. Planet Blue v. Namco Bandai Games America, civ. No. CV 12-10322-GW (FFMx) (C. D. Cal., Sept. 22, 2014), the granted Defendant’s motion for judgment on the pleadings that US Patent numbers 6,307,576 and 6,611, 278, were invalid as attempts to claim an abstract idea. (A copy of the decision is available at the end of this post.)

The claims were directed to automatically animated lip synchronization and facial expression of 3D animated characters. The court read the claims in view of the admitted state of the prior art and located a single “point of novelty”: “[T]he idea of using rules, including timing rules, to automate the process of generating keyframes.” “So what the claim adds to the prior art is the use of rules, rather than artists to set the morph weights and transitions between phonemes [e.g., the change in the shape of the lips as words are spoken.]”

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