U.S. Patent No. 7,774,911 is directed to manufacturing driveline propeller shafts with vibration attenuating liners (pages 3-5). Claim 1 recites tuning the liner for two types of vibrations and positioning that liner within a shaft to provide recited amounts of damping (page 5). Based on interpretation of “tuning,” the claims are directed to controlling mass […]
Category Archives: Lessons In Hindsight
AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS, decided October 3, 2019, Statutory Subject Matter
SIPCO, LLC v. EMERSON ELECTRIC CO., decided Sept. 25, 2019, Covered Business Method
.S. Patent No. 8,908,842 is directed to wireless communications from a remote device (e.g., key fob) to communicate with a central device (e.g., verification server) through two or more hops (e.g., wireless coms from fob, to ATM, to bank server) (page 3). According to the specification, a low power transmitter is used to avoid interference […]
ALLERGAN SALES, LLC v. SANDOZ, INC., decided August 29, 2019, Claim Interpretation
U.S. Patent Nos. 9,770,453; 9,907,801; and 9,907,802 are directed to topical treatment for glaucoma (pages 2-3). A representative claim recites “wherein” clauses regarding efficacy and representative safety (pages 4 and 7). The wherein clauses are more than intended results (pages 7-8). The wherein clauses reflect results from example II taught in the specification (pages 7-8). […]
GUANGDONG ALISON HI-TECH CO. v. ITC, decided August 27, 2019, Indefiniteness
U.S. Patent No. 7,078,359 is directed to an aerogel composite with a fibrous batting (page 3). The claims recite a “lofty fibrous structure” or “lofty batting” (pages 3-4). While lofty is a term of degree, the specification provides an objective boundary (page 10). A “lofty batting” is expressly defined as “a fibrous material that shows […]
CHAMBERLAIN GROUP, INC. v. TECHTRONIC INDUSTRIES CO. LTD., decided August 21, 2019, Statutory Subject Matter
U.S. Patent No. 7,224,275 is directed to wirelessly communicating information about a moveable barrier (door) (pages 3-4). The only difference between the prior art and claim 1 is that the communication of status information is wireless rather than wired (pages 5-6). The controller, interface, and wireless transmitter of claim 1 are described in the specification […]
MTD PRODS. INC. v. IANCU, decided August 12, 2019, Means-Plus-Function
U.S. Patent No. 8,011,458 is directed to a steering system in a zero turn radius (ZTR) vehicle (pages 2-3). The claim recites a “mechanical control assembly . . . configured to,” which was held to not be a means-plus-function term by the district court (pages 2-3 and 5-7). “Mechanical control assembly” is similar to other […]
IRIDESCENT NETWORKS, INC. v. AT&T MOBILITY, LLC, decided August 12, 2019, Claim Interpretation
U.S. Patent No. 8,036,119 is directed to guaranteed bandwidth on demand (pages 2-4). Claim 1 recites a request for a “high quality of service connection” (page 4). In prosecution, Applicant cited to disclosure of 1-300 megabits per second, 10^-5 packet loss and less than 1 second latency in the specification as high quality of service […]
SOLUTRAN, INC. v. ELAVON, INC., decided July 30, 2019, Statutory Subject Matter
U.S. Patent No. 8,311,945 is directed to processing paper checks by digital capture of data at the point of purchase to promptly process a deposit with scanning and image capture at a different location and later matching the captured data to the captured image (pages 2-4). The PTAB had denied a 101 challenge in a […]
AMGEN, INC. v. COHERUS BIOSCIENCES INC., decided July 29, 2019, Arguement-based Estoppel
U.S. Patent No. 8,273,707 is directed to purifying proteins using HIC (pages 2-3). In prosecution, the applicants argued that combination and a particular combination of salts is not taught in the prior art (pages 4-5). A declaration discussing the particular combination as being beneficial was submitted during prosecution (page 5). Due to argument-based prosecution history […]
SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD., decided July 12, 2019, Public Access
U.S. Patent No. 8,917,772 relates to encoding and decoding video and is essential to a standard (page 2). A working draft is the prior art and was allegedly available during a July 2011 meeting, on a website through four step navigation with the last step being selection of one document from a list of hundreds […]