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Litigation Quality Patent PatentCast

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In this episode of the Litigation Quality Patents® Podcast, the discussion concerns a federal court decision regarding whether or not a domestic industry, based solely on licensing activities, should have access to the International Trade Commission in order to fight patent infringements. Craige’s special guest is an expert business litigation attorney, Tawfiq Ali, with offices in Chicago. The Litigation Quality Patents® Podcast, hosted each week by Craige Thompson (a.k.a., “The Examiner Whisperer”) contains substantive discussion designed to keep you current with what’s going on in the world of patents, encompassing everything from patent prosecution and re-examination to patent licensing and litigation.

In this episode of the Litigation Quality Patents® Podcast, the discussion concerns a federal court decision regarding whether or not a domestic industry, based solely on licensing activities, should have access to the International Trade Commission in order to fight patent infringements. Craige’s special guest is an expert business litigation attorney, Tawfiq Ali, with offices in Chicago. The Litigation Quality Patents® Podcast, hosted each week by Craige Thompson (a.k.a., “The Examiner Whisperer”) contains substantive discussion designed to keep you current with what’s going on in the world of patents, encompassing everything from patent prosecution and re-examination to patent licensing and litigation.
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United States

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In this episode of the Litigation Quality Patents® Podcast, the discussion concerns a federal court decision regarding whether or not a domestic industry, based solely on licensing activities, should have access to the International Trade Commission in order to fight patent infringements. Craige’s special guest is an expert business litigation attorney, Tawfiq Ali, with offices in Chicago. The Litigation Quality Patents® Podcast, hosted each week by Craige Thompson (a.k.a., “The Examiner Whisperer”) contains substantive discussion designed to keep you current with what’s going on in the world of patents, encompassing everything from patent prosecution and re-examination to patent licensing and litigation.

Language:

English


Episodes

LQ PatentCast: ZeroClick, LLC v. Apple Inc.

11/2/2018
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Although ZeroClick's finger gesture patents were temporarily brought back to life on appeal, Apple has ample avenues to kill it off permanently on remand back to the trial court in the Northern District of California. The patent, which was drafted pro se by a doctor who wanted to improve the patient charting process without having to click on a pointer, was not invalid on the ground that it should be interpreted in means plus function form (if it were so interpreted, it would likely have...

Duration:00:21:44

What would happen if your top engineers walked out the door with a patentable idea?

9/10/2018
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As the CEO of a technologies company, have you thought about what would happen if your top engineers walked out the door with a patentable idea and started a very profitable business? Every employment agreement these days should have a clause obligating employees to assign their rights and invention to your company. However, this doesn’t always happen. Every engineer will leave their current position at some point, and some of them will leave with extremely valuable ideas in their heads that...

Duration:00:23:22

Ask The Patent Attorney: Is My Attorney Getting Me The Right Claims? (Part 2)

8/29/2018
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Is Your Patent Attorney Getting You the Right Claims? The first episode was about Litigation Quality Patent Claim Criteria. We went through the twelve, high-level claim criteria areas that you can use as a checklist to assess Litigation Quality Patent claims. Whether you’re getting those claims that have been through those considerations or not. And today, we’re going to ask the other half of that question: what about claim scope? Am I getting Litigation Quality Patent Claim Scope when I’m...

Duration:00:09:30

Ask The Patent Attorney: Is My Attorney Getting Me The Right Claims? (Part 1)

8/28/2018
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Today we have a special Ask the Patent Attorney two-episode edition, answering the question: "Is my patent attorney getting me the right claims?" To answer that question, we’re going to break this up into two parts. The first part is the Litigation Quality Patent Claim Criteria, and the second part is the Litigation Quality Patent Claim Scope. You need to have both to assess and give you a proper answer to the question that maybe isn’t frequently asked but should be asked. If I were a client...

Duration:00:09:55

LQ PatentCast: DDR Holdings v Digital River

8/24/2018
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This is an important case from 2014. It is part of our post-Alice software series of Litigation Quality PatentCasts because it’s about an important decision that’s often cited in prosecution literature, in IPRs, and in litigation in favor of patent eligibility for software claims in certain circumstances. Alice is the Supreme Court decision, and it has set the bar and the two-step Alice test for analyzing whether claims are patent-eligible subject matter, or whether they’re too abstract,...

Duration:00:22:32

LQ PatentCast: SAP America v. Investpic

8/1/2018
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In this installment of the Post-Alice Software Series, the Federal Circuit burns off some of the fog surrounding software claims at Step 2 of the Alice inquiry. The case of SAP vs. Investpic appears to directly answer, for the first time, whether a claim can lack the “inventive concept” needed to survive Alice, even though the claims are “groundbreaking, innovative, or even brilliant” as well as non-obvious. Now we know that an “inventive concept” cannot be found in the non-abstract realm,...

Duration:00:25:39

LQ PatentCast: Mastermine Software V Microsoft

7/25/2018
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In this enlightening review of Microsoft's successful non-infringement defense against Mastermine's software patent relating to pivot tables, Craige exposes the 4 layers that must be considered to properly interpret a patent claim. Craige provides crucial insights into the subtleties of each layer that make the difference between successful patent enforcement and just getting close but falling short, as Mastermine did with their claims. As a bonus, Craige takes this case as a rare...

Duration:00:26:28

LQ PatentCast MCRO v. Bandai Namco

7/18/2018
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When is software that automates a human task patentable? When is it too abstract to be patentable? In this special edition of the post-Alice software PatentCast series, Craige explains how the automation software claims were indeed patentable. Craige extracts key themes that pop up in many software litigations, and explains how to apply the lessons learned to create and enforce Litigation Quality Patents®

Duration:00:27:17

IPR PTABCast: DSS Technology v. Apple

7/10/2018
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No! Common sense or ordinary creativity cannot substitute for reasoned analysis and evidence! This puts a bar, albeit a low bar, on the PTO’s ability to waive their hands and find patent claims obvious. Listen to Craige explain how Apple and the PTO could not get over this bar to invalidate an early “IOT” claim. Visit us at https://thompsonpatentlaw.com/

Duration:00:19:01

IPR PTABCast: Energy Heating V Heat on-the-fly

6/25/2018
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Disaster befalls a patent owner whom they decided not to tell the Patent Office about 61 sales using the claimed intervention before the patent’s critical date. Craige explains how they hurt themselves in the patent office, which led to them losing their patent, getting sued for tortious interference, and paying the competitors legal fees on top of damages!

Duration:00:16:46

LQ PatentCast: Allied Mineral Products v. OSMI

6/18/2018
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Did you know... fear from being sued and future business losses does not give you the right to sue a patent owner to get their patent declared invalid/ not infringed? Craige explains how manufacturers can defend themselves by a “DJ” (declaratory judgment) attack under some facts, but not others

Duration:00:17:31

LQP: Ask The Patent Attorney: Why is my patent getting rejected again?

6/11/2018
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visit: https://thompsonpatentlaw.com/patent-process-flowchart/ to get your copy of the Patent Flowchart. Most patents get rejected at least once. What is going on? Axiom during patent prosecution: "The key is to get out of the PTO as fast as possible with Litigation Quality Patent claims that cover a Commercially Valuable Choke Point."

Duration:00:08:14

LQP Ask the Patent Attorney: Where can you get sued for patent infringement?

6/4/2018
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Good news! You could be sued in fewer places! Business owners will be relieved to know that their risk of being sued for patent infringement in some far away and unfriendly court just went down! Find out how a patent spat over supercomputers can keep you from traveling so far to defend against a charge of patent infringement.

Duration:00:09:58

LQP Ask The Patent Attorney: How Can I Monetize My Patent Asset?

5/28/2018
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In this episode of Ask The Patent Attorney Craige analyzes Michael Powell v Home Depot to answer one of our most frequently asked question, “How can I Monetize my patent asset?” Please visit us at ThompsonPatentLaw.com.

Duration:00:07:20

LQP Ask The Patent Attorney: How do international patents work?

5/21/2018
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In this episode, Craige Thompson answers the frequently asked question "How do international patents work?" Craige discusses his perspective about the international patent process.

Duration:00:10:27

LQP Ask The Patent Attorney: Should you file a provisional or a non-provisional?

5/14/2018
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Should you file a provisional or a non-provisional? There is no one size fits all answer. The best choice depends on your unique business situation and strategy. Craige explains what makes these two filings similar and different from each other so you can make a more fully informed decision.

Duration:00:09:08

LQ PatentCast: Berkheimer v. HP

5/7/2018
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The Alice barrier to software just got cut down a couple notches! Is this sleepy little case going to shake up prosecution and litigation of software patents? Tawfiq uncovers how it might have just become harder to invalidate software claims, under step 2 of Alice in District Court, while Craige explains the potential sea change that promises to hold the patent examiners back from sloppy Alice rejections. Help is on the way for protecting software.

Duration:00:23:21

IPR PTABCAST: IN RE: Power Integrations

4/30/2018
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Did the word "couple" really need to be interpreted twice by the PTO, twice by the Federal Circuit, and once by the District Court? In today’s IPR PTABCast, Craige explains how the proper constructions of a single word can toggle a patent between validity and invalidity, and what you can do to avoid millions of dollars of litigation expenses by adding one clarifying word.

Duration:00:24:28

IPR PTABCast: Southwire v Cerro Wire

4/23/2018
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Patent claims can be invalid if a prior art reference teaches almost all the claimed features and any missing features must “necessarily” be present when you follow the Prior art teachings. In this IPR PTABCast Craige explains how Southwire’s industry-changing process patent defeated the inherence attack but succumbed to the “obviousness” attack.

Duration:00:27:02

LQP Ask The Patent Attorney: When can I safely market my idea?

4/16/2018
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In today’s Briefing, Craige discusses six options that you can choose from when launching your idea into the market. If you want to safely maintain proprietary control and ownership of your idea, you need to understand the trade-offs and benefits of each of these 6 choices.

Duration:00:08:44