Will President Obama Intervene in ITC Ruling Against Apple?

December 23, 2013 by nvantreeck

The latest battle in the cross-border patent infringement war between Samsung Electronics Co. and Apple, Inc. goes to Samsung. However, President Barak Obama could intervene and save Apple from a potential product ban.

The President’s opinion is relevant because the latest patent infringement decision comes from the U.S. International Trade Commission (ITC). It found that several older Apple devices, including the AT&T models of the iPhone 4, iPhone 3GS, iPhone 3, iPad 3G, and iPad 2 3G, infringe a mobile technology patent held by Samsung.

As part of its decision, the ITC issued a limited exclusion order prohibiting Apple from importing infringing devices. It also issued a cease and desist order banning the sale and distribution of the infringing products within the United States. While the ruling does not impact Apple’s newer smartphones and tablets, many of the banned devices, including the iPhone 4, are still top sellers.

The ITC determination is final, and the investigation is now terminated. However, Apple does have two distinct remedies. The first avenue is more traditional. Apple can appeal the ITC final determination to the United States Court of Appeals for the Federal Circuit.

The second is unique to ITC actions. Under 19 U.S.C. 1337(j), the ITC must transmit a copy of its determination and the record on which it is based to the President. The President then has 60 days to review the ruling and decide whether to overturn it for policy reasons. If he disapproves of the ruling and notifies the ITC of his disapproval, it “shall have no force or effect.”

At this point, it is unclear if President Obama is willing to intervene. However, given the Administration’s recent criticism of patent trolls and the so-called “Smartphone Wars,” any position that he does take is likely to be closely scrutinized.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Its Raining … China.

December 23, 2013 by nvantreeck

Although the Chinese Space Agency successfully launched the Yutu rover to the Moon this month there was some, er, fallout from the launch.

A few pieces of the launch craft fell back, and onto, the country. The US and other space launching countries tend to build these facilities near the coast so that the debris fall into the ocean, away from populated areas.

The Chinese, however, decided to build their launch facilities far inland (most probably due to military paranoia about prying eyes and ears).

Sometimes, the pieces falling back to Earth injure or kill people. In one instance about 50 people died as a result of a failed launch.

Additionally, China is adding to our already staggering amount of space junk. Although the US and the former Soviet Union are to blame for most of the junk orbiting the planet, China seems to be playing catch-up. With China, India and other countries planning space launches along with all the commercial space ventures just starting, we need to figure out how to deal with the debris.

Otherwise, the movie Gravity is going to become a reality.

– Ex astris, scientia –

Norman

Samsung Facing Patent Infringement Suit From Taiwan University

December 20, 2013 by nvantreeck

Samsung Electronics Co.’s latest smartphone, the Galaxy S4, offers an innovative feature — users can erase people from photos taken with the device. A commercial for the phone shows a mother fixing a photo of her son receiving his diploma after another graduate jumps in the frame. While the technology is a strong selling point, Samsung may have to fight to keep it.

The company is facing a patent infringement lawsuit from National Cheng Kung University. The school, based in Taiwan, alleges that the devices infringe its patent for “Image-Capturing Device and Method For Removing Strangers From An Image.” The U.S. Patent and Trademark Office issued the patent in 2008.

National Cheng Kung University filed the patent lawsuit in Texas Eastern District Court. It seeks a permanent injunction to stop Samsung from infringing on the patent, as well as unspecified monetary damages.

Both parties have been active participants in the so-called “Smartphone Wars.” National Cheng Kung University has filed several lawsuits against Apple Inc. in the same Texas court. In a suit filed last year, the school alleged that Apple’s “voice activated assistant capabilities otherwise known as Siri” infringed upon patents held by a university research team. Last month, it filed another infringement suit involving Apple’s Face Time product.

Samsung, of course, is also no stranger to patent litigation with Apple. The two companies have been battling across the globe for the past several years, with each claiming a measure of success. Samsung recently won a victory before the U.S. International Trade Commission, which ruled that several older Apple devices infringe Samsung patents.

How Can I Help?

– Ex astris, scientia –

Norman

How Cold Can You Go?

December 20, 2013 by nvantreeck

Flame proof suit? Check.

Protective headgear? Check.

Fire retardant gloves? Check.

Fire proof boots? Check.

All checks completed for today’s post.

Yesterday it was bitterly cold in Pasadena…it got down to 41 degrees F! I mean really! (now you know the reason for the equipment…let the flaming posts start!)

But even as I was freezing (cue the flaming trebuchet launchers!), I wondered where was it actually cold. Having grown up in Colorado I have experienced some very cold temperatures. My family once had to leave a hotel we were staying at near Gunnison Colorado because the water heater supplying the radiators to heat the rooms froze. No matter how many blankets you had it was cold!

But where is the coldest spot on Earth?

Credit: Ted Scambos, National Snow and Ice Data Center.

Turns out, not surprisingly, it is in Antarctica, where the temperature was a balmy minus 136 F (minus 93.2 C).

This is so cold that regular thermometers that use mercury or alcohol would freeze. That’s pretty awesome if you think about it.

So as I was suffering through my one day of freezing temperatures, it of course will be around 80 degrees F this weekend (whoa, that was a close one, I almost got burned), I am just glad that I don’t have to try and survive in those temperatures.

– Ex astris, scientia –

Norman

White House Announces Task Force on High-Tech Patent Issues

December 19, 2013 by nvantreeck

All of the recent talk about patent trolls has not escaped the attention of the Obama Administration. The White House recently announced a task force on high-tech patent issues.

The plan includes both legislative and executive action “designed to protect innovators from frivolous litigation and ensure the highest-quality patents in our system,” according to a White House statement. It cites both patent assertion entities (often referred to as patent trolls) and the so-called “Smartphone Patent Wars” as particular issues of concern.

The legislative actions to address high-tech patent issues, some of which have already been proposed in Congress, include:

•   Require patentees and applicants to disclose the “Real Party-in-Interest,” by requiring that any party sending demand letters, filing an infringement suit or seeking PTO review of a patent to file updated ownership information, and enabling the PTO or district courts to impose sanctions for non-compliance.
•   Permit more discretion in awarding fees to prevailing parties in patent cases, providing district courts with more discretion to award attorney’s fees under 35 USC 285 as a sanction for abusive court filings.
•   Expand the PTO’s transitional program for covered business method patents to include a broader category of computer-enabled patents and permit a wider range of challengers to petition for review of issued patents before the Patent Trial and Appeals Board (PTAB).
•   Protect off-the-shelf use by consumers and businesses by providing them with better legal protection against liability for a product being used off-the-shelf and solely for its intended use. Also, stay judicial proceedings against such consumers when an infringement suit has also been brought against a vendor, retailer, or manufacturer.
•   Change the ITC standard for obtaining an injunction to better align it with the traditional four-factor test in eBay Inc. v. MercExchange, to enhance consistency in the standards applied at the ITC and district courts.
•   Use demand letter transparency to help curb abusive suits, incentivizing public filing of demand letters in a way that makes them accessible and searchable to the public.
•   Ensure the ITC has adequate flexibility in hiring qualified Administrative Law Judges.

President Obama also announced five executive actions that his administration will take. They include:

•   Making “Real Party-in-Interest” the New Default. The USPTO will begin a rulemaking process to require patent applicants and owners to regularly update ownership information when they are involved in proceedings before the USPTO, specifically designating the “ultimate parent entity” in control of the patent or application.
•   Tightening Functional Claiming. The USPTO will provide new targeted training to its examiners on scrutiny of functional claims and will, over the next six months develop strategies to improve claim clarity, such as by use of glossaries in patent specifications to assist examiners in the software field.
•   Empowering Downstream Users. The USPTO will publish new education and outreach materials, including an accessible, plain-English web site offering answers to common questions by downstream users facing demands from a possible patent troll.
•   Expanding Dedicated Outreach and Study. The government will expand outreach efforts, including six months of high-profile events across the country to develop new ideas and consensus around updates to patent policies and laws. This includes the USPTO Edison Scholars Program, which will bring distinguished academic experts to the USPTO to develop — and make available to the public — more robust data and research on the issues bearing on abusive litigation.
•   Strengthen Enforcement Process of Exclusion Orders. U.S. Intellectual Property Enforcement Coordinator will launch an interagency review of existing procedures that Customs and Border Protection and the ITC use to evaluate the scope of exclusion orders and work to ensure the process and standards utilized during exclusion order enforcement activities are transparent, effective, and efficient.

So far, the patent industry has reacted positively to the White House announcement. Of course, as with any changes to the patent system, the devil will be in the details.

I will continue to monitor both legislative and executive development and provide updates as they become available.

How Can I Help?

If you have any questions about how the proposals may impact you or your company, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

Norman

Exomoons?

December 19, 2013 by nvantreeck

If you have seen the movie Avatar (if you are reading this blog I will assume that you have), then you know the mythical planet of Pandora seems to be orbiting a large gas giant planet.

Although the orbit doesn’t make a whole lot of scientific sense, the model is sound. Exomoons, by definition, orbit an exoplanet. However, just like the movie and perhaps our own Solar system, some of these moons may be capable of sustaining life where their parent planet cannot.

Saturn’s moon Titan is believed to be able to sustain life since we have found oceans of water underneath the frozen surface.

So the prospect of an exomoon harboring life is also plausible.

But how do you find an exomoon orbiting around an exoplanet parsecs away? Teams of scientists are currently working one methods to detect exomoons using the science developed hunting for exoplanets and data already gathered from Kepler.

So perhaps Pandora does exist, but I wouldn’t hold by breath of finding unobtainium anywhere in the Universe.

– Ex astris, scientia –

Norman

Computer Scientists Speak Out Against Copyrighting of Java APIs

December 18, 2013 by nvantreeck

The ongoing copyright battle between Google and Oracle does not just impact the two computer giants. As the case heads before the Federal U.S. Circuit of Appeals, 32 computer scientists and software developers have weighed in on whether copyright law should protect application-programming interfaces (APIs).

Oracle recently appealed last year’s decision that Google did not commit copyright infringement when it copied Oracle’s software code to build the Android mobile operating system. U.S. District Judge William Alsup concluded that the software code was not protected under copyright law as a matter of law, finding that the APIs were a functional part of the Java platform and should be available to others using it.

In the brief filed by the Electronic Frontier Foundation, a number of well-known computer scientists, including MS-DOS author Tim Paterson and ARPANET developer Larry Roberts, argue that Alsup got it right.

“The freedom to reimplement and extend existing APIs has been the key to competition and progress in the computer field—both hardware and software,” the brief states.
”Should the court reverse Judge Alsup’s well-reasoned opinion, it will hand Oracle and others the ability to monopolize any and all uses of systems that share their APIs. API creators would have veto power over any developer who wants to create a compatible program,” the brief further argues.

Given the potential implications on software copyrights, I will continue to monitor the case and provide updates as they become available.

How Can I Help?

– Ex astris, scientia –

Norman

There are those who believe…that life out there began here.

December 18, 2013 by nvantreeck

Conversely to the famous Battlestar Galactica television series statement, scientists now believe that any life found in the Solar system may have started here. But how could that happen?

Most people know that the KPg impact caused by a 6 mile wide asteroid hitting Earth killed up to 90% of all life on the planet and ended the era of the dinosaurs and began the rise of mammals.

This impressive event also had additional side affects. Ejecta from the impact actually left the planet. If you knew where to look, you would find material on the Moon that came from that event.

However, a new study posits that life spread from Earth to other planets and moons during and earlier era of asteroid impacts, about 4 billion years ago. These multiple impacts could have carried life here back to the heavens.

But is this likely? Given the fact that of the 53,000 meteorites found on Earth, 105 have been identified as coming from Mars it is extremely possible that reverse has happened as well.

The technical term for this is lithopanspermia: the idea that basic life forms can be distributed throughout the solar system via rock fragments cast forth by meteoroid impacts. So it may have happened that comets brought life to Earth and then asteroid and comet impacts took it from here to the rest of the planets and moons.

So with extra-planetary life possible in our own neighborhood the words spoken by Patrick Macnee at the start of a classic TV show:

“There are those who believe…that life here began out there, far across the Universe…with tribes of humans…who may have been the forefathers of the Egyptians…or the Toltecs…or the Mayans…that they may have been the architects of the Great Pyramids…or the lost civilizations of Lemuria…or Atlantis.

Some believe that there may yet be brothers of man…who even now fight to survive—somewhere beyond the heavens!

– Ex astris, scientia –

Norman

Warner Bros.’s Dark Night Rises Above Trademark Dispute

December 17, 2013 by nvantreeck

Warner Bros. Entertainment Inc. recently won a trademark infringement lawsuit overs its use of a software company’s product name in its film The Dark Knight Rises. The case considered a relatively novel question: “Is it trademark infringement if a fictional company or product in a movie or television drama bears the same name or brand as a real company or product?” In this case, the district court said no.

Warner Bros. latest Batman film includes a handful of references to a fictional software program called “clean slate.” The plaintiff, Fortres Grand Corporation, manufactures and sells a real software program called “Clean Slate.” Fortres filed suit, alleging trademark infringement, federal unfair competition, and state unfair competition. It specifically argued that Warner Bros.’s use of the term “clean slate” constituted reverse trademark infringement, in which a junior user uses its size and market penetration to overwhelm the senior, but smaller, user.

As detailed in the opinion, “In order to state a claim for reverse confusion in this case, Fortres Grand has to make plausible allegations that Warner Bros. saturated the market with a product that the public has been ‘deceived into believing . . . emanates from, is connected to, or is sponsored by’ Fortres Grand.”
In this case, the court found that Fortres was unable to satisfy that burden. “There’s an obvious problem with Fortres Grand’s argument that this is a worst-case scenario of reverse confusion: Warner Bros. ‘clean slate’ software only exists in the fictional world of Gotham; it does not exist in reality,” the court noted.

“That distinction — between Warner Bros. real product (a movie) and its fictional product (software) — makes a world of difference because so much of the consumer confusion analysis depends on a comparison of the products at issue. In analyzing the potential for consumer confusion in this case, one must compare Fortres Grand’s “Clean Slate” software to Warner Bros.’ real product — The Dark Knight Rises,” the court further explained.

Under this analysis, the court found that there was no trademark infringement and dismissed the suit.

How Can I Help?

– Ex astris, scientia –

Norman

Oh, The Places We’ve Been (https://plus.google.com/+KevinGill/posts/bGA7kwn48f5)

December 17, 2013 by nvantreeck

I found this amazing graphic (below) that shows where humans have ventured from the planet.

Kevin Gill used his very own creation, the Orbit Viewer WebGL, and data from the NASA/JPL Horizons ephemeris.

First, the program is very impressive itself (props to Kevin) and the graphics are incredible.

If you would like to play with Kevin’s program you can check it out here. It is really amazing.

You can find the original article here.

– Ex astris, scientia –

Norman

Astronomy and Law

Astronomy and Law Blog

Monthly Archives: December 2013

Will President Obama Intervene in ITC Ruling Against Apple?

Its Raining … China.

Samsung Facing Patent Infringement Suit From Taiwan University

How Cold Can You Go?

White House Announces Task Force on High-Tech Patent Issues

Exomoons?

Computer Scientists Speak Out Against Copyrighting of Java APIs

There are those who believe…that life out there began here.

Warner Bros.’s Dark Night Rises Above Trademark Dispute

Oh, The Places We’ve Been (https://plus.google.com/+KevinGill/posts/bGA7kwn48f5)