For [Mohamed S. Hamieh] the real value of his invention is decreasing the amount of suffering in people. "You drive a vehicle knowing that you are in a safer place. And when you know you're driving a safer vehicle, you drive safer. The most important thing is eliminating suffering for human beings," Hamieh said. To me the value of having a patent like this, honestly, it's like more than any money can speak of," Hamieh said. "In fact, the number one concern as an engineer and I think I speak on behalf of every engineer is to make safe products for people to drive in. And to make safe products for everyday use. Hamieh is Lebanese and spent his childhood and early teen years in the northern part of Lebanon. He later immigrated to Canada and came to die United States in 1998 to pursue an ...
The United States Patent and Trademark Office (Office or USPTO) proposes new rules of practice to implement the provisions of the Leahy-Smith America Invents Act that provide for trials before the Patent Trial and Appeal Board (Board). The proposed rules would provide a consolidated set of rules relating to Board trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. The proposed rules would also provide a consolidated set of rules to implement the provisions of the Leahy-Smith America Invents Act related to seeking judicial review of Board decisions.
This Note explores various theories of patent misuse as they relate to patent pools. Taking into account varying ideological underpinnings of misuse, this Note proposes a framework for rule of reason analysis of anticompetitive foreclosure of alternative technologies. The framework offers a phased analysis, borrowed from antitrust law, to focus the inquiry on the harms patent misuse seeks to deter in patent-pool licensing practices. The goal of the proposed framework is to increase operational clarity to modern, innovative firms and provide guidance to courts when applying rule of reason analysis to determine whether anticompetitive foreclosure could result from a challenged use of a patent pool.
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the revision of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
The United States Patent and Trademark Office (USPTO or Office) amends the rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. The Office amends the rules to: Remove several of the briefing requirements for an appeal brief, provide for the Board to take jurisdiction over the appeal earlier in the appeal process, no longer require examiners to acknowledge receipt of reply briefs, create specified procedures under which an appellant can seek review of an undesignated new ground of rejection in either an examiner's answer or in a Board decision, provide that the Board will presume that the appeal is taken from the rejection of all claims under rejection unless cancelled by an applicant's amendment, and clarify that, for ...
According to Markman, it must first be asked whether we are dealing with a cause of action that either was tried at law at the time of the founding or is at least analogous to one that was.\n289 The Revision Notes from the 1952 legislative history said that the phrase 'in exceptional cases' has been added as expressing the intention of the present statute as shown by the legislative history and as interpreted by the courts. In partial contrast, in a patent infringement jury trial, the Seventh Amendment to the Constitution, under governing Supreme Court authority, * requires the trial court to resolve claims construction issues; * would require submission of patent infringement issues to the jury; * would require submission to the jury of all defenses to infringement liability, includin...
The Department of Energy (DOE) is amending its patent licensing regulations to remove outdated sections and provide for the creation of a new appeal authority to serve as the Invention Licensing Appeal Board. Under the new regulations, the DOE Deputy General Counsel for Technology Transfer and Procurement shall hear and decide appeals relating to licensing of federally-owned inventions; and to copyright licenses granted in works created under management and operating (M & O) contracts with DOE, but not including M & O contracts administered by the National Nuclear Security Administration (NNSA) for NNSA facilities. The NNSA Deputy General Counsel for Procurement shall hear and decide appeals under management and operating contracts administered by NNSA for NNSA facilities.
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