The document summarizes a Federal Circuit court case regarding patent eligibility of two patents related to user interfaces on mobile devices. The court affirmed the district court's ruling, finding that the claims were not directed to an abstract idea, but rather an improved user interface for mobile devices. Specifically, the claims addressed problems with small screens by allowing quick access to common functions through an application summary window, improving efficiency of navigation on the device.
Goldman Sachs defines IoT (internet of things) as the third wave of internet revolution: by connecting to the internet billions of devices, IoT opens up a host of new business opportunities and challenges. The basic building blocks of the IoT are devices that can sense/recognize their surrounding environments and communicate with other devices, connecting/communicating network medium/infrastructure that can interconnect devices and connect devices to the internet, back-end IT systems that can process information (data) obtained by the IoT devices (e.g. cloud computing/big data analytics) and provide the value added services exploiting the information. Therefore, a part or whole of data aggregation, data transfer, data correlation, data analysis and services based on the data are the essential elements of the IoT inventions, and thus, the elements of the IoT patent claims. Consequently, many of IoT patents can be identified as abstract ideas because they are the certain methods of organizing human activities/mental process or fundamental economic practices or mathematical relationships/formulas unless the IoT patent claims are drafted carefully to pass the post-Alice 101 patent eligibility test.
This document provides summaries of key Android concepts:
- Fragments allow modular activity design by including discrete portions of UI within activities. Toasts, dialogs, and notifications provide feedback to users outside the main UI.
- Services run in the background without a UI. Broadcast receivers respond to messages from other apps and the system. Content providers manage access to structured data.
- The document also discusses networking, JSON parsing, AsyncTask, location services, data storage options, and setting app permissions for features like location access. Code examples are provided for many concepts.
Stream Processing Environmental Applications in Jordan ValleyCSCJournals
This document discusses stream processing applications for environmental monitoring in Jordan Valley. It presents statistical data collected from weather stations in different Jordan Valley locations. Stream processing is important for continuous monitoring systems to detect events in real-time. The document outlines considerations for stream processing engine design like communication, computation, and flexibility. It also describes Jordan's Irrigation Management Information System, which uses real-time meteorological data from weather stations to optimize water usage for agriculture.
The document discusses architectural issues for pervasive computing applications. It proposes an application model where applications are composed of modular components that can interact through a middleware infrastructure. The key aspects of the model are:
1) Applications are distributed across devices, device proxies, user proxies, and network services. This allows applications to span multiple devices and users.
2) Components communicate by exchanging messages through capabilities-based security that limits what components can access. This protects applications and the system from misbehaving components.
3) The model is flexible enough to allow customizing applications through adding, removing, or modifying components after deployment.
Patent: Presentation on Software Patents - BananaIPBananaIP Counsels
This document discusses patenting of software inventions in various jurisdictions. It provides an overview of the patentability requirements for software inventions in the US, EU, India, Japan and at the EPO. It discusses exclusions, such as for business methods and algorithms. It also provides examples of patentable software inventions and best practices for writing patent claims for software inventions.
User Activity Analysis Using Accelerometer and Cloud ComputingMarwan Issa
This dissertation focuses on analyzing the accelerometer data collected from built-in sensors in smartphones using the advanced technology of cloud computing for processing and analyzing.
The document discusses identifying requirements from problem statements. It begins by explaining the importance of requirements identification as the first step of any software development project. It then discusses objectives like identifying ambiguities, inconsistencies, and incompleteness in requirements. The document categorizes requirements as functional and non-functional. It provides examples of each and discusses identifying them from problem statements. It also discusses preparing a Software Requirements Specification once requirements are identified.
Goldman Sachs defines IoT (internet of things) as the third wave of internet revolution: by connecting to the internet billions of devices, IoT opens up a host of new business opportunities and challenges. The basic building blocks of the IoT are devices that can sense/recognize their surrounding environments and communicate with other devices, connecting/communicating network medium/infrastructure that can interconnect devices and connect devices to the internet, back-end IT systems that can process information (data) obtained by the IoT devices (e.g. cloud computing/big data analytics) and provide the value added services exploiting the information. Therefore, a part or whole of data aggregation, data transfer, data correlation, data analysis and services based on the data are the essential elements of the IoT inventions, and thus, the elements of the IoT patent claims. Consequently, many of IoT patents can be identified as abstract ideas because they are the certain methods of organizing human activities/mental process or fundamental economic practices or mathematical relationships/formulas unless the IoT patent claims are drafted carefully to pass the post-Alice 101 patent eligibility test.
This document provides summaries of key Android concepts:
- Fragments allow modular activity design by including discrete portions of UI within activities. Toasts, dialogs, and notifications provide feedback to users outside the main UI.
- Services run in the background without a UI. Broadcast receivers respond to messages from other apps and the system. Content providers manage access to structured data.
- The document also discusses networking, JSON parsing, AsyncTask, location services, data storage options, and setting app permissions for features like location access. Code examples are provided for many concepts.
Stream Processing Environmental Applications in Jordan ValleyCSCJournals
This document discusses stream processing applications for environmental monitoring in Jordan Valley. It presents statistical data collected from weather stations in different Jordan Valley locations. Stream processing is important for continuous monitoring systems to detect events in real-time. The document outlines considerations for stream processing engine design like communication, computation, and flexibility. It also describes Jordan's Irrigation Management Information System, which uses real-time meteorological data from weather stations to optimize water usage for agriculture.
The document discusses architectural issues for pervasive computing applications. It proposes an application model where applications are composed of modular components that can interact through a middleware infrastructure. The key aspects of the model are:
1) Applications are distributed across devices, device proxies, user proxies, and network services. This allows applications to span multiple devices and users.
2) Components communicate by exchanging messages through capabilities-based security that limits what components can access. This protects applications and the system from misbehaving components.
3) The model is flexible enough to allow customizing applications through adding, removing, or modifying components after deployment.
Patent: Presentation on Software Patents - BananaIPBananaIP Counsels
This document discusses patenting of software inventions in various jurisdictions. It provides an overview of the patentability requirements for software inventions in the US, EU, India, Japan and at the EPO. It discusses exclusions, such as for business methods and algorithms. It also provides examples of patentable software inventions and best practices for writing patent claims for software inventions.
User Activity Analysis Using Accelerometer and Cloud ComputingMarwan Issa
This dissertation focuses on analyzing the accelerometer data collected from built-in sensors in smartphones using the advanced technology of cloud computing for processing and analyzing.
The document discusses identifying requirements from problem statements. It begins by explaining the importance of requirements identification as the first step of any software development project. It then discusses objectives like identifying ambiguities, inconsistencies, and incompleteness in requirements. The document categorizes requirements as functional and non-functional. It provides examples of each and discusses identifying them from problem statements. It also discusses preparing a Software Requirements Specification once requirements are identified.
Conceptual models of enterprise applications as instrument of performance ana...Leonid Grinshpan, Ph.D.
The article introduces enterprise applications conceptual models that uncover performance related fundamentals distilled of innumerable application particulars concealing the roots of performance issues. The value of conceptual models for performance analysis is demonstrated on two examples of virtualized and non-virtualized applications conceptual models.
There are four main types of application components in Android: activities which represent a single screen in the app, services which run in the background, broadcast receivers which allow the app to respond to system-wide events, and content providers which manage shared app data. The manifest file declares these components and their permissions. The activity lifecycle handles navigating between activities, saving and restoring state, and sending data between components within and between processes.
Grid computing is a distributed computing model that enables transparent sharing and aggregation of computing, storage, and network resources across dynamic and geographically dispersed organizations. Key characteristics include distributing computational resources among multiple and widely separated sources and users, providing a means for using distributed resources to solve large problems, and making resources appear as a single virtual machine with powerful capabilities. Example applications discussed include scientific computing, business applications, and volunteer computing projects.
srs of the e-commerce web store.
The customer will typically be required to provide or choose a billing address, a mailing address, a delivery option, and payment details like a credit card number. As soon as the order is placed, a customer notification email is delivered.
Android Classes In Mumbai
best android classes in mumbai with job assistance.
our features are:
expert guidance by it industry professionals
lowest fees of 5000
practical exposure to handle projects
well equiped lab
after course resume writing guidance
The document discusses recent developments in patent law regarding software and business methods in the US, UK, and Europe. It summarizes the US Federal Circuit's "machine-or-transformation" test established in In re Bilski, questions referred to the European Patent Office regarding software patentability, and similarities and differences between the laws in various jurisdictions. The key developments are:
1) The US Federal Circuit adopted the "machine-or-transformation" test for determining patent eligibility of software and business methods.
2) The UK Court of Appeal sought to harmonize UK and European law by taking a broader view of software patentability.
3) The European Patent Office president referred questions to the Enlarged Board of
This document summarizes a mobile application called Sherlock that allows investigators to track suspects. The app was developed using Java, SDK, and Eclipse. It allows users to enter suspect details into a database, search the database, and list suspect details. While most features are implemented, the delete function sometimes deletes all records instead of single records. The app was tested on emulators and devices and uses SQLite database for data storage.
With the great flexibility that xCP 2.0 gives developers when configuring
applications comes the complexity of understanding the best approaches to take
when meeting business requirements.
In some cases there may only be a single design pattern that will meet a business
requirement, and in other cases there may be several valid patterns, but only one
that is expected to meet performance requirements.
The aim of this white paper is to provides guidelines for designing and
configuring an xCP 2.0 application to meet business requirements based on the
experience of EMC subject matter experts.
This version of the document focuses on the design and configuration of the
application model and business processes.
Research Inventy : International Journal of Engineering and Scienceinventy
Research Inventy : International Journal of Engineering and Science is published by the group of young academic and industrial researchers with 12 Issues per year. It is an online as well as print version open access journal that provides rapid publication (monthly) of articles in all areas of the subject such as: civil, mechanical, chemical, electronic and computer engineering as well as production and information technology. The Journal welcomes the submission of manuscripts that meet the general criteria of significance and scientific excellence. Papers will be published by rapid process within 20 days after acceptance and peer review process takes only 7 days. All articles published in Research Inventy will be peer-reviewed.
The document outlines 19 potential project titles for a Cisco summer internship in 2011. The projects cover a wide range of topics including network performance testing, automation, monitoring, management, and security tools.
The document summarizes a research project that designed and implemented an open IoT testbed framework. The framework includes modules for sensor data, actuators, and APIs. It uses open source platforms to achieve interoperability, scalability, and reusability. Algorithms for code compilation and upload showed improved performance even with increased code size. Response times for remote sensors and actuators were only mildly increased compared to local access. A ranking model tested proved able to recommend the best services for different user types. The testbed was found to satisfactorily utilize resources based on user feedback. Future work could extend it to support mobile devices, include security software, test it with more users, and explore other statistical models.
The document summarizes a research project that designed and implemented an open IoT testbed framework. The framework includes modules for sensor data, actuators, and APIs. It uses open source platforms to achieve interoperability, scalability, and reusability. Algorithms for code compilation and upload showed improved performance even with increased code size. Response times for remote sensors and actuators were only mildly increased compared to local access. A ranking model tested proved able to recommend the best services for different user types. The testbed was found to satisfactorily utilize resources based on performance and reliability feedback. Future work could extend the framework to mobile devices, add security software, test with more users, and explore other statistical models.
1) The theoretical framework section discusses theories relevant to conceptualizing the study, including the Systems Development Life Cycle (SDLC) model, spiral model, ordering theory, reservation theory, and technologies involved like PHP, MySQL, and the internet protocol.
2) The SDLC model involves 5 phases - planning, analysis, design, implementation, and maintenance. The spiral model is an iterative approach combining prototyping and waterfall models.
3) Ordering and reservation theories relate to customers ordering and reserving products at desired times. Technologies like PHP, MySQL, and internet protocol enable dynamic websites and database-driven reservations and ordering systems.
This document describes a proposed scalable, cloud-based data aggregation and analysis platform for Internet of Things applications. The system would allow for collecting, storing, and analyzing large amounts of sensor data from various sources in a centralized, cloud-based manner. It discusses existing solutions and their limitations, as well as potential technologies that could be used, including Node.js, JavaScript, MongoDB, cloud computing, and reactive programming. The proposed solution involves collecting sensor data via decentralized sensor stations, transmitting it to centralized servers in the cloud for storage and analysis, and making it available via a web interface.
This document discusses providing sensor data as a service. It proposes an event collaboration model where sensor data is pushed to a database when it changes, rather than requiring polling. This would allow users to access up-to-date data through queries. The system would contain various sensors that store data in a database, and provide an interface for users to access visualizations and downloads of the sensor data in different formats like CSV and JSON.
This document discusses providing sensor data as a service. It proposes an event collaboration model where sensor data is pushed to a database when it changes, rather than requiring polling. This would allow users to access up-to-date data through queries. The system would contain various sensors that store data in a database, and provide an interface for users to access visualizations and downloads of the sensor data in different formats like CSV and JSON.
This document provides an overview of Android security. It discusses Android's architecture including activities, services, content providers and broadcast receivers. It then covers Android security features like application sandboxing, application signing, and Android's permission model. It provides examples of how these components and security features work together in a sample Android application for tracking friends' locations. It also discusses how applications can programmatically enforce permissions and how application components interact through intents.
CAFC Chronicles: Costly Tales of Claim Construction FailsAurora Consulting
The difference between getting claim construction right and getting it wrong is the difference between a valid patent and an invalid patent – and the difference between millions of dollars awarded from infringement decisions vs. ending up with a worthless piece of paper.
In this month’s episode, Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into three real-world applications for patent claim construction, as tested and decided upon by the United States Court of Appeals for the Federal Circuit. This is the highest court in the land under the Supreme Court for handling intellectual property disputes – and establishes much of the legal precedent the patent world has to go on … for better and for worse. The panel dissects the claims for each case, discusses the court’s analysis, and provides tips and strategies for more effective claim drafting in light of the strengths and weaknesses of the litigated patents.
Dave is joined today by our always exceptional group, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategy Specialist at Aurora
⦿ Ty Davis, Patent Strategy Associate at Aurora
Listen here: https://patentlystrategic.buzzsprout.com/1734511/14991984-cafc-chronicles-costly-tales-of-claim-construction-fails
The document discusses refining a system definition through use case modeling. It explains how to detail use cases by structuring the basic and alternative flows of events. Guidelines are provided for writing use case reports and flows of events to clearly communicate system behavior to various audiences like users, designers, and testers.
Pitfalls to be Aware of When Working with Inventions Funded Through Governmen...Workman Nydegger
Sometimes a client’s technology is funded by a government grant, e.g., through a federal agency. Complex provisions governing ownership, disclosure, election, patent filing, and other requirements for such technology are governed by the Bayh-Dole act of 1980 (35 U.S.C. §200-212). Some of the “strings” imposed and governed by Bayh-Dole that are particularly relevant to patent practitioners include:
• disclosure of developed inventions;
• election of ownership to the technology by the contractor;
• compulsory government license that attaches to developed technology;
• possibility of U.S. Government exercise of “March-In Rights”;
• requirements for U.S. manufacture;
• issues relative to protecting trade secrets of the contractor.
In addition to the need to comply with the many provisions of Bayh-Dole, where government funded inventions are developed, export provisions under ITAR/EAR may also be applicable. Such ITAR and EAR export control regulations cover not only articles, software, and services that may be listed on either the US Munitions List (for ITAR) or the Commerce Control List (for EAR), but also cover technical data, such as that used by patent practitioners in conducting a patentability search or preparing a patent application for the contractor.
2018 mar-09 - jens jenkins - finjan your claims to patent eligibility (update...Workman Nydegger
On January 10, 2018 the Federal Circuit (hereinafter the ‘Court’) released its decision in Finjan v. Blue Coat Systems, Inc. (Finjan v. Blue Coat Systems, Inc. (case no. 2016-2520; January 2018)).
In Finjan, the Court took the opportunity to further clarify the line between inventions that are patent eligible and those that are merely directed to abstract ideas and, therefore, patent ineligible. The Court reiterated the precedent of Enfish, that “software-based innovations can make ‘non-abstract improvements to computer technology’ and be deemed patent-eligible subject matter.” (Enfish, 822 F.3d at 1335-36).
Interestingly, the virus screening claims in Finjan were found to be “directed to a non-abstract improvement in computer functionality, rather than [an] abstract idea…”, even though the same Court had previously found virus screening claims to be patent ineligible for being directed to a well-known abstract idea. (See Intellectual Ventures I LLC v. Symantec Corp., 838 F. 3d 1307, Court of Appeals, Federal Circuit 2016).
In concluding the Finjan claims were directed to non-abstract and patent eligible ‘improvements to computer functionality,’ the Court appeared to rely on logic associated with typical 103 obviousness-type arguments. In particular, the Court noted that the operation of the Finjan virus screening was found to be “distinguished from traditional, ‘code-matching’ virus scans” and employed “a new kind of file that enables a computer security system to do things it could not do before.”
Finjan is now included as one of only a few cases identified in the February 2018: Eligibility Quick Reference Sheet provided by the USPTO. Accordingly, Finjan appears to be a great case to reference when dealing with 101 subject matter eligibility rejections. When responding to these types of 101 rejections, it may be helpful to reference Finjan and articulate how the claims represent an ‘improvement’ over traditional computer products and how the claimed invention enables, for example, ‘a computer to do things it could not do before.’
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Conceptual models of enterprise applications as instrument of performance ana...Leonid Grinshpan, Ph.D.
The article introduces enterprise applications conceptual models that uncover performance related fundamentals distilled of innumerable application particulars concealing the roots of performance issues. The value of conceptual models for performance analysis is demonstrated on two examples of virtualized and non-virtualized applications conceptual models.
There are four main types of application components in Android: activities which represent a single screen in the app, services which run in the background, broadcast receivers which allow the app to respond to system-wide events, and content providers which manage shared app data. The manifest file declares these components and their permissions. The activity lifecycle handles navigating between activities, saving and restoring state, and sending data between components within and between processes.
Grid computing is a distributed computing model that enables transparent sharing and aggregation of computing, storage, and network resources across dynamic and geographically dispersed organizations. Key characteristics include distributing computational resources among multiple and widely separated sources and users, providing a means for using distributed resources to solve large problems, and making resources appear as a single virtual machine with powerful capabilities. Example applications discussed include scientific computing, business applications, and volunteer computing projects.
srs of the e-commerce web store.
The customer will typically be required to provide or choose a billing address, a mailing address, a delivery option, and payment details like a credit card number. As soon as the order is placed, a customer notification email is delivered.
Android Classes In Mumbai
best android classes in mumbai with job assistance.
our features are:
expert guidance by it industry professionals
lowest fees of 5000
practical exposure to handle projects
well equiped lab
after course resume writing guidance
The document discusses recent developments in patent law regarding software and business methods in the US, UK, and Europe. It summarizes the US Federal Circuit's "machine-or-transformation" test established in In re Bilski, questions referred to the European Patent Office regarding software patentability, and similarities and differences between the laws in various jurisdictions. The key developments are:
1) The US Federal Circuit adopted the "machine-or-transformation" test for determining patent eligibility of software and business methods.
2) The UK Court of Appeal sought to harmonize UK and European law by taking a broader view of software patentability.
3) The European Patent Office president referred questions to the Enlarged Board of
This document summarizes a mobile application called Sherlock that allows investigators to track suspects. The app was developed using Java, SDK, and Eclipse. It allows users to enter suspect details into a database, search the database, and list suspect details. While most features are implemented, the delete function sometimes deletes all records instead of single records. The app was tested on emulators and devices and uses SQLite database for data storage.
With the great flexibility that xCP 2.0 gives developers when configuring
applications comes the complexity of understanding the best approaches to take
when meeting business requirements.
In some cases there may only be a single design pattern that will meet a business
requirement, and in other cases there may be several valid patterns, but only one
that is expected to meet performance requirements.
The aim of this white paper is to provides guidelines for designing and
configuring an xCP 2.0 application to meet business requirements based on the
experience of EMC subject matter experts.
This version of the document focuses on the design and configuration of the
application model and business processes.
Research Inventy : International Journal of Engineering and Scienceinventy
Research Inventy : International Journal of Engineering and Science is published by the group of young academic and industrial researchers with 12 Issues per year. It is an online as well as print version open access journal that provides rapid publication (monthly) of articles in all areas of the subject such as: civil, mechanical, chemical, electronic and computer engineering as well as production and information technology. The Journal welcomes the submission of manuscripts that meet the general criteria of significance and scientific excellence. Papers will be published by rapid process within 20 days after acceptance and peer review process takes only 7 days. All articles published in Research Inventy will be peer-reviewed.
The document outlines 19 potential project titles for a Cisco summer internship in 2011. The projects cover a wide range of topics including network performance testing, automation, monitoring, management, and security tools.
The document summarizes a research project that designed and implemented an open IoT testbed framework. The framework includes modules for sensor data, actuators, and APIs. It uses open source platforms to achieve interoperability, scalability, and reusability. Algorithms for code compilation and upload showed improved performance even with increased code size. Response times for remote sensors and actuators were only mildly increased compared to local access. A ranking model tested proved able to recommend the best services for different user types. The testbed was found to satisfactorily utilize resources based on user feedback. Future work could extend it to support mobile devices, include security software, test it with more users, and explore other statistical models.
The document summarizes a research project that designed and implemented an open IoT testbed framework. The framework includes modules for sensor data, actuators, and APIs. It uses open source platforms to achieve interoperability, scalability, and reusability. Algorithms for code compilation and upload showed improved performance even with increased code size. Response times for remote sensors and actuators were only mildly increased compared to local access. A ranking model tested proved able to recommend the best services for different user types. The testbed was found to satisfactorily utilize resources based on performance and reliability feedback. Future work could extend the framework to mobile devices, add security software, test with more users, and explore other statistical models.
1) The theoretical framework section discusses theories relevant to conceptualizing the study, including the Systems Development Life Cycle (SDLC) model, spiral model, ordering theory, reservation theory, and technologies involved like PHP, MySQL, and the internet protocol.
2) The SDLC model involves 5 phases - planning, analysis, design, implementation, and maintenance. The spiral model is an iterative approach combining prototyping and waterfall models.
3) Ordering and reservation theories relate to customers ordering and reserving products at desired times. Technologies like PHP, MySQL, and internet protocol enable dynamic websites and database-driven reservations and ordering systems.
This document describes a proposed scalable, cloud-based data aggregation and analysis platform for Internet of Things applications. The system would allow for collecting, storing, and analyzing large amounts of sensor data from various sources in a centralized, cloud-based manner. It discusses existing solutions and their limitations, as well as potential technologies that could be used, including Node.js, JavaScript, MongoDB, cloud computing, and reactive programming. The proposed solution involves collecting sensor data via decentralized sensor stations, transmitting it to centralized servers in the cloud for storage and analysis, and making it available via a web interface.
This document discusses providing sensor data as a service. It proposes an event collaboration model where sensor data is pushed to a database when it changes, rather than requiring polling. This would allow users to access up-to-date data through queries. The system would contain various sensors that store data in a database, and provide an interface for users to access visualizations and downloads of the sensor data in different formats like CSV and JSON.
This document discusses providing sensor data as a service. It proposes an event collaboration model where sensor data is pushed to a database when it changes, rather than requiring polling. This would allow users to access up-to-date data through queries. The system would contain various sensors that store data in a database, and provide an interface for users to access visualizations and downloads of the sensor data in different formats like CSV and JSON.
This document provides an overview of Android security. It discusses Android's architecture including activities, services, content providers and broadcast receivers. It then covers Android security features like application sandboxing, application signing, and Android's permission model. It provides examples of how these components and security features work together in a sample Android application for tracking friends' locations. It also discusses how applications can programmatically enforce permissions and how application components interact through intents.
CAFC Chronicles: Costly Tales of Claim Construction FailsAurora Consulting
The difference between getting claim construction right and getting it wrong is the difference between a valid patent and an invalid patent – and the difference between millions of dollars awarded from infringement decisions vs. ending up with a worthless piece of paper.
In this month’s episode, Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into three real-world applications for patent claim construction, as tested and decided upon by the United States Court of Appeals for the Federal Circuit. This is the highest court in the land under the Supreme Court for handling intellectual property disputes – and establishes much of the legal precedent the patent world has to go on … for better and for worse. The panel dissects the claims for each case, discusses the court’s analysis, and provides tips and strategies for more effective claim drafting in light of the strengths and weaknesses of the litigated patents.
Dave is joined today by our always exceptional group, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategy Specialist at Aurora
⦿ Ty Davis, Patent Strategy Associate at Aurora
Listen here: https://patentlystrategic.buzzsprout.com/1734511/14991984-cafc-chronicles-costly-tales-of-claim-construction-fails
The document discusses refining a system definition through use case modeling. It explains how to detail use cases by structuring the basic and alternative flows of events. Guidelines are provided for writing use case reports and flows of events to clearly communicate system behavior to various audiences like users, designers, and testers.
Similar to Core Wireless Licensing v. LG Electronics: User Interfaces & Patent-Eligible Subject Matter (20)
Pitfalls to be Aware of When Working with Inventions Funded Through Governmen...Workman Nydegger
Sometimes a client’s technology is funded by a government grant, e.g., through a federal agency. Complex provisions governing ownership, disclosure, election, patent filing, and other requirements for such technology are governed by the Bayh-Dole act of 1980 (35 U.S.C. §200-212). Some of the “strings” imposed and governed by Bayh-Dole that are particularly relevant to patent practitioners include:
• disclosure of developed inventions;
• election of ownership to the technology by the contractor;
• compulsory government license that attaches to developed technology;
• possibility of U.S. Government exercise of “March-In Rights”;
• requirements for U.S. manufacture;
• issues relative to protecting trade secrets of the contractor.
In addition to the need to comply with the many provisions of Bayh-Dole, where government funded inventions are developed, export provisions under ITAR/EAR may also be applicable. Such ITAR and EAR export control regulations cover not only articles, software, and services that may be listed on either the US Munitions List (for ITAR) or the Commerce Control List (for EAR), but also cover technical data, such as that used by patent practitioners in conducting a patentability search or preparing a patent application for the contractor.
2018 mar-09 - jens jenkins - finjan your claims to patent eligibility (update...Workman Nydegger
On January 10, 2018 the Federal Circuit (hereinafter the ‘Court’) released its decision in Finjan v. Blue Coat Systems, Inc. (Finjan v. Blue Coat Systems, Inc. (case no. 2016-2520; January 2018)).
In Finjan, the Court took the opportunity to further clarify the line between inventions that are patent eligible and those that are merely directed to abstract ideas and, therefore, patent ineligible. The Court reiterated the precedent of Enfish, that “software-based innovations can make ‘non-abstract improvements to computer technology’ and be deemed patent-eligible subject matter.” (Enfish, 822 F.3d at 1335-36).
Interestingly, the virus screening claims in Finjan were found to be “directed to a non-abstract improvement in computer functionality, rather than [an] abstract idea…”, even though the same Court had previously found virus screening claims to be patent ineligible for being directed to a well-known abstract idea. (See Intellectual Ventures I LLC v. Symantec Corp., 838 F. 3d 1307, Court of Appeals, Federal Circuit 2016).
In concluding the Finjan claims were directed to non-abstract and patent eligible ‘improvements to computer functionality,’ the Court appeared to rely on logic associated with typical 103 obviousness-type arguments. In particular, the Court noted that the operation of the Finjan virus screening was found to be “distinguished from traditional, ‘code-matching’ virus scans” and employed “a new kind of file that enables a computer security system to do things it could not do before.”
Finjan is now included as one of only a few cases identified in the February 2018: Eligibility Quick Reference Sheet provided by the USPTO. Accordingly, Finjan appears to be a great case to reference when dealing with 101 subject matter eligibility rejections. When responding to these types of 101 rejections, it may be helpful to reference Finjan and articulate how the claims represent an ‘improvement’ over traditional computer products and how the claimed invention enables, for example, ‘a computer to do things it could not do before.’
This document provides an overview of U.S. copyright law, including its constitutional basis, subject matter that can be copyrighted, rights granted to copyright owners, limitations such as fair use, and how to obtain a copyright. Key points covered include what qualifies as an original work, categories of copyrightable works, exclusive rights like reproduction and distribution, limitations on those rights like fair use, public domain works, copyright duration and notices, and benefits of registration.
Legal Fees and Engagement Letters – Rule 1.5 of the Utah Rules of Professiona...Workman Nydegger
The document discusses Utah Rules of Professional Conduct regarding reasonable fees lawyers may charge. It outlines 8 factors courts consider in determining a fee's reasonableness, including time required, difficulty, results obtained, and fee customarily charged locally. Lawyers must communicate fee arrangements in writing and get client consent for contingent fees. Fees must be reasonable under the circumstances. The document provides lessons on ensuring billing practices match engagement letters and being responsive to client requests for clarification.
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This document provides an overview of information disclosure statement (IDS) practice. It defines the duty of disclosure as providing the USPTO with any information known to the applicant that is material to patentability. A breach of this duty can result in a finding of inequitable conduct and render a patent unenforceable. For an IDS, the party asserting inequitable conduct must prove both a material reference was withheld as well as intent to deceive the USPTO. The standard for materiality requires that the PTO would not have allowed the claim had it been aware of the undisclosed prior art. The timing for filing an IDS depends on the prosecution stage.
The document discusses the Patent Prosecution Highway (PPH) program which allows applicants to request expedited examination of corresponding applications filed in multiple patent offices. It provides an overview of how PPH works, its purpose of promoting work sharing and efficiency. The history and implementation of global and IP5 PPH pilot programs are described. Eligibility requirements and required documents for PPH requests to the USPTO are outlined. The processing of requests as granted, dismissed or denied is also summarized.
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This document provides an overview of options for responding to a final rejection from the USPTO, including filing a response after final rejection, participating in the After Final Consideration Pilot Program 2.0 (AFCP 2.0), filing a Request for Continued Examination (RCE), requesting a Pre-Appeal Brief Conference, or filing an appeal. It outlines the procedures and potential results for each option, noting that while a final rejection may appear to end prosecution, various options exist to further pursue patentability determination.
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Online marketplaces like Amazon and eBay allow third parties to sell goods, and intellectual property owners face challenges in enforcing their rights against infringing listings. IP owners can use "Report and Delist" procedures to notify marketplaces of infringing listings and request removal. While marketplaces generally comply, current patent laws may not hold them liable for others' infringing products. IP owners must actively police their rights on these platforms.
Procedures for Deposition of a Biological Sample to Overcome a 112 Enablement...Workman Nydegger
The document discusses procedures for making a biological deposit to overcome a 35 USC 112 enablement rejection from a patent examiner. It explains that a deposit can satisfy the written description and enablement requirements under 112 if access to the biological material is necessary. It provides details on following the deposit rules under 37 CFR 1.801-1.809, including depositing material before filing, using an acceptable depository, establishing viability, and including references to the deposit in the patent specification. The key steps are finding a suitable depository, depositing the material, submitting required forms to the patent office, and amending the specification.
This document provides strategies for responding to rejections of patent claims under 35 U.S.C. § 101 (subject matter eligibility). It discusses 7 arguments: 1) attacking the prima facie case, 2) demonstrating "significantly more" than an abstract idea, 3) showing not all applications are preempted, 4) showing similarity to eligible examples, 5) distinguishing elements, 6) using the machine-or-transformation test, and 7) redefining the abstract idea. It emphasizes tying claims to specific technologies and arguing an improvement over the prior art.
Streaming under the DMCA Disney Enter., Inc. et al. v. VidAngel, Inc.Workman Nydegger
This document summarizes a legal case between major movie studios (Disney, Fox, Warner Bros.) and the company VidAngel regarding VidAngel's streaming of filtered movie content. It provides background on the parties, describes VidAngel's business model of decrypting and filtering DVDs for streaming, and outlines the legal defenses and arguments regarding whether this violates copyright law, including the Digital Millennium Copyright Act (DMCA) and fair use provisions.
Supplemental examination allows patent owners to request reconsideration of the patentability of their patent based on new information. It is an expensive process that requires extensive documentation but can cure inequitable conduct issues. If the USPTO determines the new information raises a substantial new question of patentability, an ex parte reexamination will be ordered. Otherwise, a certificate will be issued stating no reexamination is needed. While supplemental examination can strengthen patent validity, it often leads to reexamination and does not preclude some inequitable conduct findings. Less extensive alternatives include reexamination and reissue but they may not cure inequitable conduct.
The Supreme Court affirmed the USPTO Board's decision to invalidate claims in Cuozzo's speedometer patent. The Court held that the Board's decision to institute IPR of dependent claims not explicitly challenged in the petition was not appealable. The Court also upheld the Board's use of the "broadest reasonable interpretation" standard for construing claim terms during IPR, rather than the narrower standard used in district court. The decision increases the USPTO's power to reconsider and invalidate issued patents through the IPR process.
Enhanced Damages for Patent Infringement - Workman NydeggerWorkman Nydegger
Enhanced damages in patent infringement suits in recent years have been limited due to the application of the Seagate test. This test was developed as a standard used by courts to determine when to award enhanced damages. The Supreme Court’s recent decision in Halo v. Pulse found the Seagate test to be unduly rigid and inconsistent with the actual statute regarding enhanced damages. The Court restored the process of awarding enhanced damages to its intended scope.
We review the history of enhanced damages in patent infringement suits, including the introduction of the Seagate test. Halo v. Pulse is reviewed and the Supreme Court’s reasoning behind eliminating the Seagate test is described. We also discuss the impact the removal of the Seagate test has on patent infringement suits and potential patent infringers.
http://www.wnlaw.com/blog/enhanced-damages-patent-infringement-halo-v-pulse/
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CORPORATE GOVERNANCE
MEANING
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Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
2. Background
• Priority back to “dumb phone” days (PCT filed
07/27/2001)
• Two US Patents, Issued 04/30/2013 &
04/29/2014
• LG Electronics appealed DC’s decision (ED,TX),
which denied LG’s motion for SJ that claims are
ineligible under §101, and denying LG’s motion
for JMOL that the claims are anticipated and not
infringed
• Federal Circuit Decision, 01/25/2018 (affirming
all counts)
3. The Patents (US 8,434,020 & US 8,713,476)
Problem
• “One of the problems facing the designers of computing
devices with small screens is how to allow the user to
navigate quickly and efficiently to access data and
activate a desired function. Computing devices with
small screens tend to need data and functionality
divided into many layers or views: for example, the
small display size of mobile telephones has
conventionally meant that several hierarchies of
functions have to be offered to a user.”
4. The Patents (US 8,434,020 & US 8,713,476)
Problem
• “…a user interface typically has to demonstrate or
make explicit the changing internal status of the mobile
telephone as navigation proceeds. For example, to
select or initiate a function (e.g. to open an address
book function, enter a PIN security number or to alter
the ring melody) a user has to understand (a) how to
navigate to that function in order to select that function
and (b) that the status of the telephone is such that the
function can be selected or initiated.”
• “The technical problem of effectively enabling the user
to understand this changing internal state has to date
been inadequately addressed.”
5. The Patents (US 8,434,020 & US 8,713,476)
Solution
• “The presently disclosed embodiments offer, in one
implementation, a snap-shot view which brings together, in one
summary window, a limited list of common functions and
commonly accessed stored data which itself can he reached
directly from the main menu listing some or all applications.”
• “For example, a user can get to the summary window in just two
steps--first, launch a main view which shows various
applications; then, launch the appropriate summary window for
the application of interest. This is far faster and easier than
conventional navigation approaches. Once the summary window
is launched, core data/functionality is displayed and can be
accessed in more detail and can typically be reached simply by
selecting that data/functionality. Hence, only three steps may
be needed from start up to reaching the required data/
functionality; navigating from between each step is clear and
straightforward.”
6. The Patents (US 8,434,020 & US 8,713,476)
Example
“As an example, the main view may be an Application
Launcher for several applications such as `Messages`,
`Contacts`, `Calendar` and `Phone`. The Application
Launcher view is then presented as a standard scrolling list
of application names with appropriate application icons
next to them. The list is vertical and only one application is
presented per line. Standard highlight functions apply…”
7. The Patents (US 8,434,020 & US 8,713,476)
Example
• “The innovative summary window functionality can be accessed as
follows: should the highlight rest on the name of an application in
the App Launcher for a certain amount of time (say a 1.2 second
timeout), the summary window (the "App Snapshot") drops down
from the highlight bar. The App Snapshot for any given application is
a window which includes commonly requested data associated with
that application and links to common functionality in that
application.”
• “When an item in the App Snapshot is selected (e.g. by being
highlighted and then selected using a conventional selection
technique such as pressing a right cursor), the device displays the
relevant data in the application details view, or displays the relevant
screen offering the relevant functionality. The required application
may be automatically opened when the item in the App Snapshot is
selected. The App Snapshot can therefore display data from an
application and functions of that application without actually
opening the application up…”
9. The Patents: US 8,434,020
Claim 1:
A computing device comprising a display screen, the
computing device being configured to display on the
screen a main menu listing at least a first application, and
additionally being configured to display on the screen an
application summary window that can be reached directly
from the main menu, wherein the application summary
window displays a limited list of at least one function
offered within the first application, each function in the list
being selectable to launch the first application and initiate
the selected function, and wherein the application
summary window is displayed while the application is in
an un-launched state.
10. The Patents: US 8,713,476 (Continuation)
Claim 1:
A computing device comprising a display screen, the
computing device being configured to display on the
screen a menu listing one or more applications, and
additionally being configured to display on the screen an
application summary that can be reached directly from
the menu, wherein the application summary displays a
limited list of data offered within the one or more
applications, each of the data in the list being selectable
to launch the respective application and enable the
selected data to be seen within the respective application,
and wherein the application summary is displayed while
the one or more applications are in an un-launched state.
12. District Court Analysis
• It held that the claims are not directed to an abstract
idea because, even crediting LG's characterization of
the claims as directed to "displaying an application
summary window while the application is in an
unlaunched state," the concepts of "application,"
"summary window," and "unlaunched state" are
specific to devices like computers and cell phones.
• It explained that "LG identifie[d] no analog to these
concepts outside the context of such devices."
• It further noted even "if claim 1 were directed to an
abstract idea, it would still be patent eligible at least
because it passes the machine-or-transformation
test."
😕
13. Federal Circuit’s §101 Analysis (de novo)
• Skipped Step 1
• Part 2A (step 1): Standards
• “First, we "determine whether the claims at issue
are directed to a patent ineligible concept."”
• “At step one, we must "articulate what the claims
are directed to with enough specificity to ensure the
step one inquiry is meaningful."”
• “We also ask whether the claims are directed to a
specific improvement in the capabilities of
computing devices, or, instead, "a process that
qualifies as an `abstract idea' for which computers
are invoked merely as a tool."” (Enfish, LLC v.
Microsoft)
14. Federal Circuit’s §101 Analysis (de novo)
• Part 2A (step 1, cont.): Prior Holdings
• "We previously have held claims focused on various
improvements of systems directed to patent eligible
subject matter under § 101.”
• “…in Enfish, we held claims reciting a self-referential
table for a computer database eligible under step one
because the claims were directed to a particular
improvement in the computer's functionality. That the
invention ran on a general-purpose computer did not
doom the claims because unlike claims that merely
"add[] conventional computer components to well-known
business practices," the claimed self-referential table was
"a specific type of data structure designed to improve the
way a computer stores and retrieves data in memory.”
15. Federal Circuit’s §101 Analysis (de novo)
• Part 2A (step 1, cont.): Prior Holdings
• “In Thales, we held claims reciting an improved
method of utilizing inertial sensors to
determine position and orientation of an object
on a moving platform not directed to an abstract
idea or law of nature. We noted that even though
the system used conventional sensors and a
mathematical equation, the claims specified a
particular configuration of the sensors and a
particular method of utilizing the raw data that
eliminated many of the complications inherent in
conventional methods.”
16. Federal Circuit’s §101 Analysis (de novo)
• Part 2A (step 1, cont.): Prior Holdings
• “In Visual Memory, we held claims directed to
an improved computer memory system
w i t h p r o g r a m m a b l e o p e r a t i o n a l
characteristics defined by the processor
directed to patent-eligible subject matter. The
claimed invention provided flexibility that
prior art processors did not possess, and
obviated the need to design a separate
memory system for each type of processor.”
17. Federal Circuit’s §101 Analysis (de novo)
• Part 2A (step 1, cont.): Prior Holdings
• “…in Finjan we held claims directed to a behavior-based
virus scanning method directed to patent eligible
subject matter because they "employ[] a new kind of file
that enables a computer security system to do things it
could not do before," including "accumulat[ing] and
utiliz[ing] newly available, behavior-based information
about potential threats." The claimed behavior-based
scans, in contrast to prior art systems which searched for
matching code, enabled more "nuanced virus filtering" in
analyzing whether "a downloadable's code . . . performs
potentially dangerous or unwanted operations." We held
the claims "therefore directed to a non-abstract
improvement in functionality, rather than the abstract
idea of computer security writ large."”
18. Federal Circuit’s §101 Analysis (de novo)
• Part 2A (step 1, cont.): Claim Analysis
• “The asserted claims in this case are directed
to an improved user interface for
computing devices, not to the abstract idea
of an index, as argued by LG on appeal.”
• “Although the generic idea of summarizing
information certainly existed prior to the
invention, these claims are directed to a
particular manner of summarizing and
presenting information in electronic devices.”
19. Federal Circuit’s §101 Analysis (de novo)
• Part 2A (step 1, cont.): Claim Analysis
• “…the '476 patent requires "an application summary that can be
reached directly from the menu," specifying a particular manner by
which the summary window must be accessed.”
• “The claim further requires the application summary window list a
limited set of data, "each of the data in the list being selectable to
launch the respective application and enable the selected data to be
seen within the respective application." This claim limitation
restrains the type of data that can be displayed in the summary
window.
• “Finally, the claim recites that the summary window "is displayed
while the one or more applications are in an un-launched state," a
requirement that the device applications exist in a particular state.”
• “These limitations disclose a specific manner of displaying a
limited set of information to the user, rather than using
conventional user interface methods to display a generic index on a
computer.”
20. Federal Circuit’s §101 Analysis (de novo)
• Part 2A (step 1, cont.): Reasoning—tied to claim language
• “The specification confirms that these claims disclose an improved user
interface for electronic devices, particularly those with small screens.”
• “This language clearly indicates that the claims are directed to an improvement
in the functioning of computers, particularly those with small screens.”
• “The disclosed invention improves the efficiency of using the electronic
device by bringing together "a limited list of common functions and
commonly accessed stored data," which can be accessed directly from the
main menu.”
• “Displaying selected data or functions of interest in the summary window
allows the user to see the most relevant data or functions "without
actually opening the application up."
• “The speed of a user's navigation through various views and windows
can be improved because it "saves the user from navigating to the
required application, opening it up, and then navigating within that
application to enable the data of interest to be seen or a function of
interest to be activated.””
• “Rather than paging through multiple screens of options, "only three
steps may be needed from start up to reaching the required data/
functionality.”
21. Federal Circuit’s §101 Analysis (de novo)
• Part 2B (step 2)
• “Because we hold that the asserted claims are
not directed to an abstract idea, we do not
proceed to the second step of the inquiry. The
claims are patent eligible under § 101.”
22. Contrast: Internet Patents Corp. v. Active
Network, Inc. (Ineligible)
Claim 1:
A method of providing an intelligent user interface to an on-line
application comprising the steps of:
• furnishing a plurality of icons on a web page displayed to a
user of a web browser, wherein each of said icons is a
hyperlink to a dynamically generated on-line application form
set, and wherein said web browser comprises Back and
Forward navigation functionalities;
• displaying said dynamically generated on-line application form
set in response to the activation of said hyperlink, wherein
said dynamically generated on-line application form set
comprises a state determined by at least one user input; and
• maintaining said state upon the activation of another of said
icons, wherein said maintaining allows use of said Back and
Forward navigation functionalities without loss of said state.
23. Contrast: Internet Patents Corp. v. Active
Network, Inc. (Ineligible)
Fed. Cir. Analysis
• “For the '505 Patent, the end result of "maintaining the state"
is described as the innovation over the prior art, and the
essential, "most important aspect:”
The most important aspect of the user interface of the present
invention is not that it has tabs or that it enables a certain
amount of non-sequential (non-linear) access to the various
form sets within a virtual application, but that it maintains
data state across all panes.
• “We agree with the district court that the character of the
claimed invention is an abstract idea: the idea of retaining
information in the navigation of online forms.”
• “As the district court observed, claim 1 contains no restriction
on how the result is accomplished. The mechanism for
maintaining the state is not described, although this is stated
to be the essential innovation.”
24. Contrast: Apple, Inc. v. Ameranth, Inc.
(Ineligible)
Claim 1:
An information management and synchronous communications system for generating
and transmitting menus comprising:
a. a central processing unit,
b. a data storage device connected to said central processing unit,
c. an operating system including a graphical user interface,
d. a first menu consisting of menu categories, said menu categories consisting of
menu items, said first menu stored on said data storage device and displayable in a
window of said graphical user interface in a hierarchical tree format,
e. a modifier menu stored on said data storage device and displayable in a window of
said graphical user interface,
f. a sub-modifier menu stored on said data storage device and displayable in a
window of said graphical user interface, and
g. application software for generating a second menu from said first menu and
transmitting said second menu to a wireless handheld computing device or Web page,
wherein the application software facilitates the generation of the second menu by
allowing selection of catagories [sic] and items from the first menu, addition of menu
categories to the second menu, addition of menu items to the second menu and
assignment of parameters to items in the second menu using the graphical user
interface of said operating system, said parameters being selected from the modifier
and sub-modifier menus.
26. Contrast: Apple, Inc. v. Ameranth, Inc.
(Ineligible)
Fed. Cir. Analysis
• “The specifications note that "ordering prepared foods has historically been done
verbally, either directly to a waiter or over the telephone, whereupon the placed order
is recorded on paper by the recipient or instantly filled." '850 patent col. 1 ll. 23-27;
'733 patent col. 1 ll. 31-34. They explain that the "unavailability of any simple
technique for creating restaurant menus and the like for use in a limited display area
wireless handheld device or that is compatible with ordering over the internet ha[d]
prevented widespread adoption of computerization in the hospitality industry."”
• Step 2A:
• “…the Board determined that the claims in all three patents are directed to the
abstract idea of "generating a second menu from a first menu and sending the
second menu to another location."”
• “We affirm the Board's conclusion that the claims in these patents are directed
to an abstract idea. The patents claim systems including menus with particular
features. They do not claim a particular way of programming or designing the
software to create menus that have these features, but instead merely claim the
resulting systems.”
• Step 2B: “We affirm the Board's conclusion in step two that the elements of the
patents' claims — both individually and when combined — do not transform the
claimed abstract idea into a patent-eligible application of the abstract idea. The
patents can readily be understood as adding conventional computer components to
well-known business practices.”
27. Takeaways
• Write a robust specification.
• What is the technical problem with prior interfaces?
• How does this new interface address this problem?
• Claim the actual improvement, not just the
result.
• State the efficiencies of the new user interface.
• Even if they just make user interaction more efficient.
• In arguments, identify how specific limitations
improve functioning of computer system.