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Domain: jw.com
Stories and comments across the archive that link to jw.com.
Stories · 4
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New Bill Would Require Patent Trolls To Pay Defendants' Attorneys
Zordak writes "According to Law 360, H.R. 845, the 'Saving High-Tech Innovators from Egregious Legal Disputes' (SHIELD) Act of 2013 would require non-practicing entities that lose in patent litigation to pay the full legal costs of accused infringers. The new bill (PDF) would define a 'non-practicing entity' as a plaintiff that is neither the original inventor or assignee of a patent, and that has not made its own 'substantial investment in exploiting the patent.' The bill is designed to particularly have a chilling effect on 'shotgun' litigation tactics by NPEs, in which they sue numerous defendants on a patent with only a vague case for infringement. Notably, once a party is deemed to be an NPE early in the litigation, they will be required to post a bond to cover the defendants' litigation costs before going forward." -
Patent Attorneys Sued For Copyright Infringement
Zordak writes "Patent blogger Dennis Crouch writes on Patently-O of a catch-22 for attorneys. Patent attorneys are required to submit all prior art that they know of to the patent office. Failing to do so is an ethical violation, and can result in a patent being invalidated. But now the Hoboken Publishing Company and the American Institute of Physics are suing a major patent firm for copyright infringement, because they submit articles to the patent office without paying a separate royalty." -
Replacing Metal Detectors With Brain Scans
Zordak writes "CNN has up a story about several Israeli firms that want to replace metal detectors at airports with biometric readings. For example, with funding from TSA and DHS, 'WeCU ([creepily] pronounced "We See You") Technologies, employs a combination of infra-red technology, remote sensors and imagers, and flashing of subliminal images, such as a photo of Osama bin Laden. Developers say the combination of these technologies can detect a person's reaction to certain stimuli by reading body temperature, heart rate and respiration — signals a terrorist unwittingly emits before he plans to commit an attack.' Sensors may be embedded in the carpet, seats, and check-in screens. The stated goal is to read a passenger's 'intention' in a manner that is 'more fair, more effective and less expensive' than traditional profiling. But not to worry! WeCU's CEO says, 'We don't want you to feel that you are being interrogated.' And you may get through security in 20 to 30 seconds." -
Federal Circuit Appeals Court Limits Business-Method Patents
Zordak writes "The Court of Appeals for the Federal Circuit has just issued its much-anticipated opinion in In Re Bilski [PDF]. This was a re-visit of the State Street issue of what constitutes patentable subject matter (including whether software and business methods are patentable). In summary, the court has affirmed and strengthened the 'machine-or-transformation' test, upholding the patent office's rejection of claims on a method for hedging risk in the field of commodities trading. Although the court refused to exclude software patents categorically, it is likely that the reasoning of this decision will be used to reject many software patents (note that some of the dissenting judges would have completely overturned State Street and tossed out all software and business method patents). Although not as sweeping as some had hoped for, it is certain that this decision, along with the Supreme Court's KSR decision last year, will lay a difficult mine field for those who want to patent software and business methods."