Tag: Claim Construction

How long should a patent claim be?

House counsel for a large software company has written an open letter to me titled Pursuit of Extremely Short Patent Claims. He has thrown down the gauntlet in a public forum. Here’s what he said to me, followed by my response. 

What everyone should know about Apple slide-to-unlock patent vs. Samsung

In the last inning of the Apple-Samsung game of smartphone hardball, Samsung slid into home. Apple failed to make the tag. “Samsung is safe!” cried the umpires. The inning was umpired by the U.S. Court of Appeals for the Federal Circuit, which held Apple’s slide-to-unlock U.S. Patent 8,046,721 invalid. See Apple v. Samsung (Fed. Cir. Feb. 26, 2016). 

Patent — Picture or 1,000 Words?

In a patent, which is better: A picture or 1,000 words? For patent purposes, it’s important to provide considerable detail in drawings and descriptions. Some foresight is required, because support is required as of the filing date for the originally filed claims and for amendments that may become desirable during prosecution. In this article, we will consider […]

More Words, Less Patent Clarity

The Director of the U.S. Patent and Trademark Office has announced that in her zeal to prevent substandard patents from issuing, she will insist on clarity of the record. Every word of every patent will have to be defined. And every word stated in the patent process—in the give and take (or “prosecution”) between applicant

Some Kind of Patent Trial

Patent jury trials reached their zenith in the mid-1990s. The stakes remain high, though the drama has faded. Now, even if it’s called a trial, what you get is “some kind of hearing,” as Judge Henry Friendly once called it in his seminal lecture and law review article. Some kind of hearing: That’s all you can expect in […]

Samsung loses bid for rehearing in $500 MM patent award to Apple

In my recent blog post, I reported that Samsung, backed by Google and other tech giants, was seeking rehearing of the Federal Circuit’s decision affirming some $500 million in damages to be paid by Samsung to Apple for design patent infringement. Hundreds of breathless reporters wondered whether Samsung would succeed in

Why Samsung will pay half billion to Apple for design patent infringement

In a saga of epic proportions, sprawling across the globe, Apple and Samsung have been duking it out over smartphone design and features. That’s billion, with a “B” District Judge Lucy Koh of California entered judgment in favor of Apple to the tune of

Beem Asks USPTO for Better Quality Patent Examination

The U.S. Patent and Trademark Office (USPTO) has proposed a new patent quality initiative. See Director’s Blog and Federal Register. In response, I have submitted a formal comment, Tracking Number 1jz-8ipa-7jnk, as set forth below. I contend that any discussion of quality patents should take into account the need for

Fear of Patents Incited by Lobbyists

Patent law promotes the progress of technology by rewarding inventors who patent their inventions. From the beginning, the Constitution empowered Congress to pass a Patent Act, and President George Washington called for it in his first State of the Union address. Congress acted affirmatively in 1790, with periodic updates ever since. As Abraham Lincoln said, the patent system adds […]