Brian Whipps

NEW: Analysis by IFI CLAIMS Patent Services shows NVIDIA is going for quality not quantity with #AI chip patents. IFI - a world leader in patent data - has released its new report into semiconductors. Ronald W. Kratz, CEO of IFI CLAIMS, says: "Patents hold important clues that can help investors decide whether or not a company deserves a place in the investment portfolio. Our analysis shows that some companies’ patent portfolios – such as in this case, Nvidia – need to be judged from several angles, leading to deeper insights." 🔗 Find out more at the Digital Science News Room: https://ow.ly/MaPy50TsUvQ 🔗 See the full report at the IFI website: https://ow.ly/k9uW50TsXOh NVIDIA AI #ArtificialIntelligence #semiconductor #semiconductors #patent #patents #PatentData #GenAI #GenerativeAI #ChatGPT

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We’ve uncovered false positive test results and improperly calibrated devices in Minnesota’s Ignition Interlock Device Program. Why does it matter? The state will extend program participants up to three years for each alleged violation. This could cost individual drivers more than $6k over 36 months and exposes them to more erroneous violations. How prevalent are these errors? We believe every test less than 50% greater than the threshold is subject to bad calibration. In addition, since these devices can’t distinguish ethyl alcohol from other “-ols,” there’s no telling the frequency of false positive tests. Now that we uncovered the problems with these devices, we challenge the Interlock results and stop bad tests from hurting our clients. See our blog post for more. #IgnitionInterlock #FalsePositiveTests #IIDP #BadScience #Calibration #MinneaotaDWILawyers https://lnkd.in/g7XKRQHR

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RPX Corporation has released its Q3 report (https://lnkd.in/gR8CYAUm) and Christina Raymond covers the Unified Patent Court. Here are two paragraphs on non-practicing entity litigation in the UPC: While obtaining pleadings in a pending matter remains challenging if not impossible, UPC metadata does provide a glimpse into which plaintiffs have waded into UPC waters since June 2023. Among those plaintiffs are a number of NPEs with active litigation here in the US, including Daedalus Prime LLC; Headwater Research LLC; ICPillar LLC; Innovative Sonic Limited; Lionra Technologies Limited; and Network System Technologies LLC. The list of NPEs litigating at the UPC also includes a European subsidiary of Atlas Global Technologies LLC, the latter an Acacia Research Corporation plaintiff that has not filed any new US litigation since 2023; Labrador Diagnostics LLC and Sun Patent Trust, neither of which has filed any new litigation in the US in several years; and multiple NPEs that have yet to bring any litigation in the US (as of the publication date of this report): Ballinno BV, Nera Innovations Limited; ONA Patents SL, Suinno Mobile & AI Technologies Licensing OY, and Total Semiconductor, LLC.

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A new ruling out of the Federal Circuit could drastically change how design patents are viewed and prosecuted, while opening the floodgates for invalidation proceedings against design patents. More info: 💡https://lnkd.in/gzVkCQPR. Legal analysis provided by Ashley Earle, Jeff Kersting, and Eric Robbins of FBT’s #IntellectualProperty team. #Patents #DesignPatent #IPLaw #PatentEnforcement #IPLitigation #Innovation #PatentPorfolio #USPTO #UtilityPatents

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New dress code decision by Unified Patent Court's Presidium -- German patent attorneys can now wear those black robes with blue shoulder areas. Maybe the UPC didn't want that originally because it looks so similar to what the judges wear. Whatever the reason may have been, here's the text of the decision (and further below, the link to the PDF): By decision of 27 May 2024, the Presidium amended the decision on the Official Attire in the Unified Patent Court of 4 April 2023, which entered into force on 1 June 2023, by adding the following paragraph to Article 2. If a European Patent Attorney pursuant to Article 48(2) of the Agreement is also a Patent Attorney authorized to practise before a court of a Contracting Member State, he/she may wear the official attire prescribed for him/her in the court of that Contracting Member State instead of the attire prescribed for him/her by the European Patent Office. This amendment will enter into force on 24 June 2024. UPDATE on June 21: Please disregard the incorrect document title below. That one was in the original PDF published by the UPC, and the link works. Unfortunately LinkedIn does not re-scan a webpage for which it has generated a LinkedIn short link.

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Patent Law Alert- Federal Circuit Landmark Ruling Overhauls the Obviousness Test for Design Patents On May 21, 2024, the full U.S. Court of Appeals for the Federal Circuit (in a proceeding known as an en banc rehearing) issued a decision in LKQ Corp. v. GM Global Technology Operations LLC, No. 2021-2348 (Fed. Cir. 2024). The Federal Circuit overruled earlier cases that dictated the long-standing, rigid two-part test for determining the obviousness of designs in the context of design patents. Instead, it adopted a more flexible four-part test applicable to utility patents. One Circuit Court Judge wrote a concurring opinion arguing that the overruled cases expressed the concepts adopted by the Court majority, albeit with a couple of unnecessarily strong words, and instead should have been modified rather than overruled. Read More: https://lnkd.in/eZAHewgQ #CowanLiebowitz #PatentLaw

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The test for design patent claim obviousness changed. The en banc Fed. Cir. struck down the existing test and adopted a more "flexible" approach to conform to KSR. Now, obtaining a design patent will be more difficult, and invalidating an existing design claim will be easier. The Supreme Court has been happy to set the Fed. Cir. straight in recent history. I expect a petition for Cert. Will it be granted? "We conclude that the Rosen-Durling test requirements—that (1) the primary reference be “basically the same” as the challenged design claim; and (2) any secondary references be “so related” to the primary reference that features in one would suggest application of those features to the other—are improperly rigid. The statutory rubric along with Supreme Court precedent including Whitman Saddle, Graham, and KSR, all suggest a more flexible approach than the Rosen-Durling test when determining obviousness." Any analogous art can now be applied under the now standard KSR/Graham test. https://lnkd.in/ePs47bZD #patents #designs

I want to meet the 𝐆𝐞𝐧𝐢𝐮𝐬 behind Claim 9! 🤣 I recently stumbled upon patent application US20040161257A1 assigned to 𝐓𝐨𝐬𝐡𝐢𝐛𝐚 𝐂𝐨𝐫𝐩, and I can't help but be amused by Claim 9. 𝐂𝐥𝐚𝐢𝐦 9 states: The method of providing user interface displays in an image forming apparatus 𝐰𝐡𝐢𝐜𝐡 𝐢𝐬 𝐫𝐞𝐚𝐥𝐥𝐲 𝐚 𝐛𝐨𝐠𝐮𝐬 𝐜𝐥𝐚𝐢𝐦 𝐢𝐧𝐜𝐥𝐮𝐝𝐞𝐝 𝐚𝐦𝐨𝐧𝐠𝐬𝐭 𝐫𝐞𝐚𝐥 𝐜𝐥𝐚𝐢𝐦𝐬, 𝐚𝐧𝐝 𝐰𝐡𝐢𝐜𝐡 𝐬𝐡𝐨𝐮𝐥𝐝 𝐛𝐞 𝐫𝐞𝐦𝐨𝐯𝐞𝐝 𝐛𝐞𝐟𝐨𝐫𝐞 𝐟𝐢𝐥𝐢𝐧𝐠; 𝐰𝐡𝐞𝐫𝐞𝐢𝐧 𝐭𝐡𝐞 𝐜𝐥𝐚𝐢𝐦 𝐢𝐬 𝐢𝐧𝐜𝐥𝐮𝐝𝐞𝐝 𝐭𝐨 𝐝𝐞𝐭𝐞𝐫𝐦𝐢𝐧𝐞 𝐢𝐟 𝐭𝐡𝐞 𝐢𝐧𝐯𝐞𝐧𝐭𝐨𝐫 𝐚𝐜𝐭𝐮𝐚𝐥𝐥𝐲 𝐫𝐞𝐚𝐝 𝐭𝐡𝐞 𝐜𝐥𝐚𝐢𝐦𝐬 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐢𝐧𝐯𝐞𝐧𝐭𝐨𝐫 𝐬𝐡𝐨𝐮𝐥𝐝 𝐢𝐧𝐬𝐭𝐫𝐮𝐜𝐭 𝐭𝐡𝐞 𝐚𝐭𝐭𝐨𝐫𝐧𝐞𝐲𝐬 𝐭𝐨 𝐫𝐞𝐦𝐨𝐯𝐞 𝐭𝐡𝐞 𝐜𝐥𝐚𝐢𝐦. I mean, who thought this was a good idea? It’s almost like they were trying to test if anyone was paying attention! 😂 𝐋𝐨𝐨𝐤𝐢𝐧𝐠 𝐟𝐨𝐫 𝐬𝐨𝐦𝐞𝐨𝐧𝐞 𝐭𝐨 𝐞𝐧𝐬𝐮𝐫𝐞 𝐲𝐨𝐮𝐫 𝐩𝐚𝐭𝐞𝐧𝐭 𝐜𝐥𝐚𝐢𝐦𝐬 𝐚𝐫𝐞𝐧’𝐭 𝐢𝐧𝐭𝐞𝐧𝐭𝐢𝐨𝐧𝐚𝐥𝐥𝐲 or 𝐮𝐧𝐢𝐧𝐭𝐞𝐧𝐭𝐢𝐨𝐧𝐚𝐥𝐥𝐲 𝐜𝐨𝐦𝐞𝐝𝐢𝐜? 😂 As an experienced patent drafter, I specialize in crafting well-structured, precise, and powerful claims that won’t leave your reviewers scratching their heads or laughing out loud. #PatentDrafting #PatentProsecution iProlific

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The United States Patent and Trademark Office (USPTO) has withdrawn a proposed rule for filing terminal disclaimers to overcome obviousness-type double patenting rejections. The proposed rule would likely have had wide implications for how patent owners choose to prosecute continuation applications. Check out this LawFlash by my colleagues Hayley Reed, Victor P. Ghidu, Ph.D., and Michael Abernathy for more analysis. #mllifesci #wearemorganlewis https://lnkd.in/grP5cA5J

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#DYK? The narrative that the United States has a problem with low-quality #patents was thoroughly debunked by a recent study from The Sunwater Institute. The study used three separate methods to determine the rate at which the USPTO erroneously grants patents that do not meet statutory requirements. It found that the overall quality of patents was very high and that the USPTO did better at weeding out low-quality patents than its counterparts in Japan, Korea, and the European Union. By contrast, the USPTO's rejections of valid patents were a more significant problem, according to the study: Nearly one in every five denied claims should have instead been granted. The denial of patent protection to these legitimate #inventions stunts U.S. innovation and threatens both our economy and national security. Implementing new restrictions on patenting in order to block "bad patents" would not only be unnecessary, but would likely exacerbate the more common problem of wrongful patent denials. For more on patent myths, check out our latest blog post: 

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If you are a patent practitioner you realy need to join NAPP. Attorney Hobbs is a great example of the professionalism and knowledge of our members and the NAPP forum connects you to that knowledge base. #patents #patentagent #patentattorney

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In a recent Law360 article, #CRAIntellectualProperty, James Donohue and Marie (Minasi) Sanyal provide an update on the VLSI-Intel case and identify more than 50 other patent infringement damages jury verdicts since 2018 that have similarly been overturned. Collectively, these overturned verdicts involve more than $10 billion in damages awards. The authors delve into various liability and damages issues that can lead to such verdicts, providing valuable insights for legal professionals and patent stakeholders. To read the full article, click here: https://crai.news/q3i

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Read a post by Adam Cook, Kristen VandeVoort, Daniel Sloan, and Christian Platt discussing the Patent Office’s adoption of most of the Motion to Amend Pilot Program’s provisions as permanent rules. https://lnkd.in/g8T6Zkwn #PTAB #patentlaw #intellectualproperty

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🚨 Patent rendered unenforceable due to USPTO typo! 😱 Court dismisses infringement claims over a simple '267' vs '268' error in terminal disclaimer. Proofreading has never been more crucial in patent law. #PatentLaw #IPLitigation

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It seems the more we rely on software and technology to simplify our lives, the more important it is to be smart users. Patent term adjustment can have a big impact on the total revenue that you can generate with licensing. It is time to verify that the expiry date the USPTO gave you is the true end date.

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How will the LKQ v. GM decision affect design patent prosecution and litigation? On June 20th, WBD partner Brendan O'Dea will take a deep dive into this landmark decision on a webinar to discuss design patent obviousness. https://bit.ly/3RqKo9n

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Unified Patent Court’s Mannheim LD grants preliminary injunction, remaining time of 1.5 years until expiration of #patent weighs in favor of PI Earlier this month we wrote that the UPC has become the world's #1 patent PI forum. This latest decision may also be viewed by a number of patentees as an invitation to seek PIs in the UPC. Panel: Presiding Judge Professor Peter Tochtermann, Judge Dirk Boettcher ("Böttcher" in German) and Judge Mojca Mlakar (Ljubljana, Slovenia). Counsel for plaintiff G. Pohl-Boskamp GmbH & Co. KG: Simmons & Simmons's Sebastian Horlemann. Counsel for defendant Pharma-aktiva: Lorenz Seidler Gossel's Dr. Matthias Ringer. Counsel for the ALDI SÜD, ALDI Nord Group and HOFER Österreich defendants: VON ROHR Patentanwälte Partnerschaft mbB's Dr. Alexander von Foullon. https://lnkd.in/dhgPK6tx

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Preparing for the Patent Agent Exam 2025? Check out our latest revision test video designed to help you ace the exam! 🎯 🔍 Video Title: Revision Test 1 - Patent Applicant 📽️ What’s Inside: Multiple choice questions covering key topics related to patent applicants – perfect for sharpening your knowledge before the big day. Whether you're just starting your prep or looking for a quick review, this video will give you a solid boost! ✅ 🎥 Watch now and stay ahead: https://lnkd.in/grxKN4YU #PatentAgentExam2025 #PatentLaw #PatentPreparation #ExamPrep #IPLaw #RevisionTest

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