Patent Gusto

Business Method Patents after In re Bilski - An Assessment from US PAIR

2009-07-01T23:55:00.000-07:00

“the decision of In re Bilski, wherein the Federal Circuit abandoned much of its precedent dealing with the section 101 eligibility of method claims and substituted a "machine-or-transformation" test, thus casting substantial doubt on the continued patentability of so-called "business method" inventions”

We at Dolcera started with an aim to do away with the doubt factor from the continued patentability of the business method patents. Hence, we at Dolcera conducted an in-depth analysis on In Re Bilski's impact on software, medical devices and pharma method patents. The USPTO is on the offensive since the In re Bilski verdict from the CAFC. Software companies have reported sharply higher rejection-rate from the patent office, and thousands of business method and software patents risk being invalidated because of this ruling.We have conducted an analysis of hundreds of USPTO examination reports for method patents in three areas:

a. Software,

b. Medical device and diagnostic, and

c. Pharmaceutical.

We have now established the following:

Rejection rates for software method patents are significantly higher since the Bilski decision in October 2008
Medical diagnostic method patents are also affected
Pharmaceutical method patents have been impacted, but to a much lesser degree

Click here to download the Dolcera presentation at the PIUG 2009 Annual Conference

More business for Newscorp's NDS

2009-06-22T03:02:00.001-07:00

The recent federal court's verdict on the long standing patent litigation (involving the US patent 6,233,389) between the Dish Network (erstwhile Echostar - WO2008027406A1) and the digital video solutions provider Tivo has consolidated the position of NDS, a Newscorp and Permira owned company. NDS is only the second player in the same field providing digital video solutions standing second to Tivo. NDS has patents (US20090080866A1, US20080285943A1) in the field of Video Substitution or the ability to rewind, fastforward etc options on the satellite tv. Already NDS has several clients across the globe. With this court order, the position of NDS would be bolstered or subtly proclaimed that its THE alternative for the satellite TV providers across the globe to seek video solutions inorder to showcase the video subsititution features.

ICAP bags Ocean Tomo : My thoughts

2009-06-16T21:54:00.000-07:00

ICAP the world's biggest interdealer broker bought the transactions division of patent brokerage Ocean Tomo for $10 million in cash and shares.
Indeed, there is a lot of synergy between the two but on the long term horizon IMHO it would’ve been great to see Thomson Reuters buying Ocean Tomo than ICAP. No doubt ICAP has a lot of synergy in the brokerage domain but it takes more to deal with the patent brokerage. Had the buyer been Thomson Reuters then the value addition is just manifold. A combination of a patent database provider, patent brokerage firm and a media biggie Reuters would be deadly for this IP Business as a whole. However, I don’t discount the importance of the company financials that these M&A deals are clout with.

Intellectual Property infringement threat on Facebook…why not on linkedin?

2009-06-16T02:28:00.000-07:00

On June 28, Facebook will be allowing users to register names in their Facebook URL, replacing the existing random ID numbers. This new policy by Facebook would create tight corner situations wherein users may try to register as their user name words or phrases that could infringe on a company name, trademarked slogan, or even a broadcast station's call signs. However, yet another social rather professional network has been allowing users to choose their public profile URL. I tried googling for some interesting litigations suits on this issue but surprisingly none turned up. Well, is it trouble on the way for linkedin too?

Novartis yet again sued over contraceptive pill patent

2009-06-16T00:00:00.000-07:00

Bloomberg reports that Novartis AG Sandoz unit was sued yet again by another company J&J over a contraceptive pill patent. This is in consequence to the last year incident where Novartis was sued by the german drug maker Baeyer over the same contraceptive pill patent. Novartis R&D / Patent Analyst team could seek answers from the video here. The methodology explained can be put to use so that such potential infringements could be avoided. However, i dont rule out any other strategies behind this entire issue.

Potent message with a swimsuit tag

2009-06-15T01:04:00.000-07:00

"Please take care of our oceans, without which the swimsuit might be extinct" - Source

The message goes loud and clear. The World Oceans Day announced by the UN couldn't have been reached out and celebrated better. The article includes a video which describes the evolution of the swimsuit innovation.

Europe Gearing for renewed IP Laws?

2009-06-15T00:50:00.000-07:00

With a seat victory by the The Pirate Party “Piratpartiet” in the Sweden's eighteen European Parliament seats in the European Parliament, its is quite evident that the europe would look at IP laws of the present and fill out any gap that may exist. This party has already won with the following on its manifesto.

* legalising Internet file-sharing
* overhauling copyright and patent laws
* free access to the Internet
* extend copyright terms to 90 years
* patent protection for software inventions
* european patent courts etc

This incident is all set to go down the european history lanes. For more information on this please click here.