Articles Posted in Patent

The U.S. Patent and Trademark Office issued the following 203 patent registrations to businesses and individuals in Indiana during August 2022, based on applications filed by Indiana patent attorneys.

Patent No. Title
D0962397 Faucet spout
D0962393 Faucet body
D0962391 Faucet
11,432,407 Electrical component package with reinforced molded pins
11,431,040 Arrangement for lithium-ion battery thermal events prediction, prevention, and control

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2022-09-02-BlogPhotoTable-300x130Goshen, Indiana – The Plaintiff, Harper Trucks Inc. (“Harper”), based out of Wichita, Kansas, have been in business since 1940.  Harper advertises to be the world’s largest manufacturer of hand trucks.  Harper Trucks are manufactured in a plant of 40,000 square feet with full robotic and new composite-injection capabilities.

The Defendant, Gleason Industrial Products Inc. (“Gleason’), according to their website, was founded in 1946 and is comprised of three manufacturing divisions throughout three states in the Midwest: Algoma Net Company, Gleason Industrial Products, and Precisions Products.  Milwaukee Hand Trucks is the name for products manufactured and sold by Gleason Industrial Products.  Milwaukee Hand Trucks are produced in Gleason’s manufacturing facilities in Goshen, Indiana and Lincoln, Illinois.

The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020.  The patent generally discloses and claims a multi-position hand truck that permits a user to easily change the orientation of the handle and frame among a number of positions making the hand truck extremely useful to a wide variety of uses. Continue reading

The U.S. Patent Office issued the following 210 patent registrations to persons and businesses in Indiana in May 2022, based on applications filed by Indiana patent attorneys:

Patent No. Title
D953,493 Faucet
D953,488 Faucet
D953,180 Differential pressure transmitter
D953,143 Pull
D953,142 Pull

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The U.S. Patent Office issued the following 190 patent registrations to persons and businesses in Indiana in March 2022, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 D947,327 Faucet spout
2 D947,326 Faucet handle
3 D947,323 Faucet body
4 D947,322 Faucet sprayhead
5 D947,321 Faucet sprayhead
6 D947,017 Wall-engaging device for a gate
7 11,290,301 Secure engine communication
8 11,289,946 Method and system of uniform wireless power distribution within a chamber
9 11,289,850 Electrical connector having latch
10 11,289,755 System and method for thermally robust energy storage system
11 11,289,423 Ultra-thin diffusion barrier
12 11,289,321 Ion traps that apply an inverse mathieu q scan
13 11,289,194 Modular location engine for tracking the locations of assets in a clinical environment
14 11,287,414 Sample dispenser including an internal standard and methods of use thereof
15 11,287,402 Automated method for maintaining a clinical diagnostics system
16 11,287,172 Freezer dehumidification system
17 11,286,952 Diffusion system configured for use with centrifugal compressor
18 11,286,917 Motor drive system and method
19 11,286,881 Gas turbine engine with reversible heat exchanger
20 11,286,878 Variable area nozzle exhaust system with integrated thrust reverser
21 11,286,865 Gas turbine engine with variable pitch fan and variable pitch compressor geometry
22 11,286,835 System and methods for controlling flow distribution in an aftertreatment system
23 11,286,827 System and method for determining reductant delivery performance
24 11,286,826 Integrative reductant system and method using constant volume injection
25 11,286,812 Turbine shroud assembly with axially biased pin and shroud segment
26 11,286,802 Turbine shroud segment having a seal segment perimeter seal with separated buffer cavities
27 11,286,798 Airfoil assembly with ceramic matrix composite parts and load-transfer features
28 11,286,794 Erosion-resistant coating with patterned leading edge
29 11,286,707 Opening and closing system
30 11,286,690 Combination lock
31 11,286,249 Pyrrolidine compounds
32 11,286,175 Fluid stream management systems and methods thereof
33 11,285,617 Modular articulating gripper
34 11,285,540 Method for manufacturing parts or devices and forming transition layers facilitating removal of parts and devices from build-plates
35 11,285,411 Self-adjusting air management valve for a filter assembly
36 11,285,294 Introducer with sheath having a withdrawal support wire
37 11,285,049 Two layer wound dressings including removable upper layer
38 11,285,022 Spinal implant system and method
39 11,285,019 Expandable spinal implant system and method
40 11,285,014 Expandable inter-body device, system, and method
41 11,284,928 Surgical implant and method of use
42 11,284,924 Adjustable spinal implant, system and method
43 11,284,917 Surgical access assembly and method of using same
44 11,284,908 Adjustable acetabular reamers and methods
45 11,284,884 Method and apparatus for coupling soft tissue to a bone
46 11,284,817 Method for determination of an analyte concentration in a body fluid and analyte concentration measurement device
47 11,284,815 Bolus calculator time keeping between mobile phone application and bG meters
48 11,284,726 Barrier for mattress and bed deck
49 11,284,655 Surgical helmet
50 11,284,620 Picolinamide compounds with fungicidal activity
51 11,284,603 System and method for delivering nutrients to recently hatched chicks
52 D946,715 Faucet handle
53 D946,714 Faucet handle
54 D946,713 Faucet body
55 D946,708 Faucet sprayhead
56 D946,591 Display screen with graphical user interface for a glucose management system
57 D946,590 Display screen with graphical user interface for glucose management
58 11,283,264 Short-term reserve product for implementation on an electric power grid, and associated method
59 11,282,703 Preparation of an array of ultra-narrow nanowires on functionalized 2D materials and uses thereof
60 11,282,484 Illuminated acoustic device
61 11,282,365 Customized bed exit warnings to modify patient behavior
62 11,282,311 Door lock sensor and alarm
63 11,281,429 Ternary in-memory accelerator
64 11,280,795 Quantitative profiling of progesterone metabolites for the prediction of spontaneous preterm delivery
65 11,280,756 Method for detecting an interferent contribution in a biosensor
66 11,280,742 Analyte measuring system and method
67 11,280,727 Depth-resolved mid-infrared photothermal imaging of living cells and organisms with sub-micron spatial resolution
68 11,280,574 Arrow rest
69 11,280,534 Cooling apparatus and method of using the same
70 11,280,396 Fire resistant gearbox housing
71 11,280,247 Pneumatic system and method for heating compressor oil and/or components of the system
72 11,280,206 Turbine shroud segment with flange-facing perimeter seal
73 11,280,130 Top-hanging sliding door including wedge design top seal
74 11,280,109 Keycam assembly
75 11,280,091 Structural joists and methods to manufacture the same
76 11,280,057 System and method for attaching implements to different skid steer mounts
77 11,279,658 Compositions for improved concrete performance
78 11,279,266 Motor home chair lift
79 11,279,213 Truck cap
80 11,279,075 System and method for sterilization of medical instruments within a hydrogen peroxide sterilization process
81 11,278,883 Sample processing systems and methods
82 11,278,786 System and method for incentivizing and quantifying patient mobility
83 11,278,760 Physical rehabilitation and exercise devise
84 11,278,666 Medication infusion device
85 11,278,497 Co-spray drying of meropenem and colistin and the uses thereof
86 11,278,457 Incontinence detection optimization using directional wicking
87 11,278,431 Spinal implant system and method
88 11,278,391 Graft having at least one woven taper
89 11,278,372 Surgical sterilization system and method
90 11,278,325 Surgical instrument and method
91 11,278,238 Wearable sensor device and analysis platform for objective outcome assessment in spinal diseases
92 11,278,125 Topper with targeted fluid flow distribution
93 D946,147 Surgical retractor
94 D946,125 Faucet handle
95 D946,124 Faucet handle
96 D946,123 Faucet
97 D946,122 Faucet
98 D946,121 Faucet
99 D946,116 Faucet sprayhead
100 D946,115 Faucet sprayer
101
D946,112
Faucet sprayhead
102 D946,111 Shower system
103 D946,104 Collapsible table tennis table
104 D946,087 Card for a card game
105 D945,975 Handheld controller
106 D0945,886 Container
107 11,277,081 Device and method for switching in and out a start winding of a single phase ac motor
108 11,276,413 Audio signal encoding method and audio signal decoding method, and encoder and decoder performing the same
109 11,275,123 System and method for electric meter outage time detection
110 11,275,065 Automated clinical diagnostic system and method
111 11,274,829 Shell and tiled liner arrangement for a combustor
112 11,274,707 Customizable light-up device
113 11,274,631 Methodology for minimizing aerodynamic buzz in an exhaust nozzle
114 11,274,630 Exhaust nozzle with vane support structure for a gas turbine engine
115 11,274,605 System and method for shimming a bevel gear in an IGB on a gas turbine without removal of the bevel gear
116 11,274,567 Keystoned blade track
117 11,274,470 Motorized trim
118 11,274,468 Modular and interchangeable lock plug
119 11,274,315 Chimeric insecticidal proteins
120 11,274,311 Plant promoter for transgene expression
121 11,273,962 Tamper-evident closure
122 11,273,959 Container with lid and detachable lid collar
123 11,273,925 Thermal management system and method for cooling a hybrid electric aircraft propulsion system
124 11,273,921 Variable pitch for coordinated control
125 11,273,811 Electric drive vehicle with low speed creep
126 11,273,790 Height adjusters with anti-cinch features for occupant restraint systems
127 11,273,447 Collapsible basket arrays, collapsible cellular arrays therefor, and methods of use
128 11,273,202 Formulations for bovine granulocyte colony stimulating factor and variants thereof
129 11,273,088 User module for a patient support apparatus
130 11,273,046 Spinal implant system and method
131 11,272,942 Assembly and system including a tibial cut guide
132 D945,719 Toy box and leash post
133 D945,620 Great toe implant
134 D945,610 Surgical retractor
135 D945,609 Surgical retractor
136 D945,568 Faucet
137 D945,264 Drink cup lid
138 11,271,501 Gas turbine generator speed DC to DC converter control system
139 11,270,824 Ferromagnetic accessories for a handheld device
140 11,268,485 Fuel pump with independent plunger cover and seal
141 11,268,477 Flexible seal for gas turbine engine
142 11,268,463 Techniques for improving fuel economy in dedicated EGR engines
143 11,268,417 Liquid only lance injector
144 11,268,414 Exhaust aftertreatment component with bypass valve
145 11,268,389 Blisk bonded CMC airfoil having attachment
146 11,268,300 Energy harvesting lock system
147 11,268,283 Spraying and seaming assembly
148 11,268,148 DNA methylation in inflammatory disease
149 11,267,882 Methods of detecting human IL-21
150 11,267,827 Multifunctionalized silicon nanoparticles, process for their preparation and uses thereof in electrochemiluminescence based detection methods
151 11,267,780 Compound for modulating DDAH and ADMA levels, as well as methods of using thereof to treat disease
152 11,267,768 Methane ethane crackers
153 11,267,660 Package sorting machine
154 11,267,004 Spinning showerhead
155 11,267,003 Power sprayer
156 11,266,788 Determination of a dose in a medication delivery device using two moving arrays with teeth and a sensor
157 11,266,514 Radiolucent trial
158 11,266,449 Osteotomy device and methods
159 11,266,391 Surgical retractor and method
160 11,266,183 Systems and method for compression control in a wearable compression device
161 11,266,121 Canine self exercise device
162 11,266,112 Cotton variety PX3B09W3FE
163 RE048,948 Clonidine compounds in a biodegradable polymer
164 D944,935 Faucet spout
165 D944,934 Shower arm
166 D944,933 Shower arm
167 D944,930 Faucet
168 D944,929 Faucet
169 D944,927 Faucet sprayhead
170 D944,926 Faucet sprayhead
171 D944,925 Faucet sprayhead
172 11,263,205 Access control with multiple security ecosystems
173 11,262,370 Method for operating a laboratory system
174 11,261,875 Turbomachine stage and method of making same
175 11,261,815 System and method for outputting filter monitoring system information via telematics
176 11,261,812 Model reference adaptive controller
177 11,261,795 Dual mode starter generator
178 11,261,791 Hybrid propulsion cooling system
179 11,261,750 CMC blade track with integral abradable
180 11,261,635 Door closer power adjustment
181 11,261,473 Method and apparatus for generation of microparticles containing immobilized enzyme
182 11,261,423 Compartmented cryopreservation container and uses thereof
183 11,261,038 System and method for automated truck loading
184 11,260,419 Method for coating a structure with a fusion bonded material
185 11,260,404 Tangential air cleaner with coiled filter cartridge
186 11,259,944 Stent deployment system with unwrapping deployment constraint
187 11,259,932 Additive manufactured femoral components
188 11,259,794 Method for implanting soft tissue
189 11,259,792 Method and apparatus for coupling anatomical features
190 11,259,646 Sleep enclosure assembly

Indianapolis, Indiana – Appellants, GS CleanTech Corporation and Greenshift Corporation (collectively “CleanTech”), appealed the U.S. District Court for the Southern District of Indiana’s finding that U.S. Patent Nos. 7,601,858 (the “‘858 patent”), 8,008,516 (the “‘516 patent”), 8,008,517 (the “‘517 patent”), and 8,283,484 (the “‘484 patent”) (together, the “Patents-in-Suit”) are unenforceable due to inequitable conduct. The U.S. Court of Appeals for the Federal Circuit affirmed.

Before joining CleanTech in 2006, David Cantrell founded Vortex Dehydration Technology (“VDT”). In June 2003, Mr. Cantrell sent an email to two Agri-Energy LLC (“Agri-Energy”) employees regarding how VDT’s oil recovery system may be applicable in an ethanol plant. He also included an operational cost spreadsheet and an image of the system. VDT representatives conducted tests with Agri-Energy’s ethanol syrup in early July 2003.

A proposal dated July 31, 2003 was emailed to multiple Agri-Energy employees on August 1, 2003 offering “Agri-Energy a No-Risk trial [of the] ‘Oil Recovery System.’” The proposal allowed Agri-Energy to use the unit for sixty days at which point it could purchase the system for $423,000 or return it to VDT. That proposal was not accepted, however, in early 2004 communications resumed and the system was installed in the Agri-Energy plant in May 2004.

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The Supreme Court of the United States has issued an Opinion affirming the decision of the United States Court of Appeals for the Federal Circuit in the case of Laura Peter, Director of the United States Patent and Trademark Office, versus NantKwest, Inc. (“NantKwest”).

Following an adverse decision by the USPTO, an applicant may either appeal directly to the Federal Circuit, 35 U.S.C. § 141,  or may file a new civil action against the USPTO Director in the United NantKwest-BlogPhotoStates District Court for the Eastern District of Virginia, 35 U.S.C. § 145. In this case, NantKwest filed a new civil action in the District Court. Under § 145, the applicant is required to pay “[a]ll the expenses of the proceedings.”

The District Court granted summary judgment for the USPTO affirming the denial of NantKwest’s patent application. The Federal Circuit then affirmed the decision of the District Court. Following this affirmation, the USPTO moved for the reimbursement of its expenses, “including the pro rata salaries of PTO attorneys and a paralegal who worked on the case.” The District Court denied the motion finding “that the statutory language referencing expenses was not sufficient to rebut the ‘American Rule’ presumption that parties are responsible for their own attorney’s fees.” That decision was affirmed by the en banc Federal Circuit.

October 17, 2019.  The US Patent Office has issued an Update on “Subject Matter Eligibility.”  These Guidelines are used by the Patent Office to determine whether patent claims are eligible for protection under 35 USC 101.

Patent claims satisfy § 101’s eligibility requirement unless they are directed to an abstract idea (or other ineligible principle) and fail to add any inventive concept. Alice Corp. Pty. Ltd. v. CLS Bank Intern., 573 U.S. 208 (2014). In particular, claims that recite a specific advance in computer technology—including, for example, an unconventional arrangement of computer components—are eligible.

It is notoriously unclear to understand how should be applied.  For example , Judge Plager of the Federal Circuit (and former Dean of the School of Law and Indiana University – Bloomington) has stated that the “body of doctrine” is “incoherent,” “render[ing] it near impossible to know with any certainty whether [an] invention is or is not patent eligible.” Interval Licensing LLC, 896 F.3d at 1348 (Plager, J., concurring and dissenting). Other jurists have noted that the case law is “baffling,” “inconsistent,” and that “needs clarification by higher authority, perhaps by Congress.”   Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC, 927 F.3d 1333, 1371 (Fed. Cir. 2019); Aatrix Software, Inc. v. Green Shades Software, Inc., 890 F.3d 1354, 1360 (Fed. Cir. 2018)

Judges in the Indiana Court of Appeals issued their Opinion in the case of Neptune Generics, LLC, and Fresenius Kabi USA, LLC (collectively Lilly-v-Adocia-photo-300x170“Petitioners”) versus Eli Lilly and Company. The Patent Trial and Appeals Board (the “Board”) previously held in its inter partes review (“IPR”) that claims 1-22 of Eli Lilly’s U.S. Patent No. 7,772,209 (the “’209 Patent”) were not unpatentable for obviousness. The Court of Appeals held the Board did not err in its analysis, that substantial evidence supported underlying fact findings and therefore the Board’s decision was affirmed.

The ‘209 Patent “relates to administering folic acid and a methylmalonic acid (“MMA”) lowering agent, such as vitamin B12, before administering pemetrexed disodium, a chemotherapy agent, in order to reduce the toxic effects of a pemetrexed, an antifolate.” There were three petitions for IPR relating to the ‘209 Patent for obviousness over various patents, patent applications, and articles. In each IPR, the Board found that the claims were not unpatentable for obviousness.

According to the Opinion, the Board found that it was known that pretreatment with folic acid reduces the toxicity relating to the administration of an antifolate, but there was not a reason to pretreat with Vitamin B12 in addition to folic acid before administering pemetrexed for cancer treatment. Further, the FDA, along with others, were skeptical of the treatment that supported their decision for nonobviousness.

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lexmarkThe US Supreme Court has good news for people that are tired of paying high prices for printer cartridges – the fine print of the “license agreement” in the boxes that prohibits you from refilling the cartridges is no longer effective.

In  Impression Products Inc. v. Lexmark International, Inc., U.S., No. 15-1189, 5/30/2017, the Court decided that when a patentee decides to sell—whether on its own or through a licensee—that sale exhausts its patent rights, regardless of any post-sale restrictions the patentee purports to impose, either directly or through a license, Chief Justice Roberts wrote for a unanimous Court. As for international exhaustion, he observed that “nothing in the text or history of the Patent Act shows that Congress intended to confine that borderless common law principle to domestic sales.” Justice Ginsburg concurred in the general exhaustion decision as to domestic sales, but dissented as to international exhaustion.

Background

Lexmark makes and sells patented ink cartridges for its printers. It sell cartridges under one plan that permits buyers to use them as they wish, and under a “Return Program” plan that provides a discounted price. The Return Program plan limits buyers to a single use of the cartridge and requires the cartridges to be returned to Lexmark for recycling.

Lexmark filed infringement suits against many makers of after-market ink cartridges for Lexmark printers, most of which settled. In the action against Impressions, the district court entered a stipulated judgment, holding that Lexmark’s patent rights in cartridges first sold in the United States were exhausted, but the rights were retained for cartridges first sold abroad.

In a 10-2 en banc decision, the Federal Circuit held that, where the patentee’s sale is subject to a single-use/no-resale restriction that is lawful and clearly communicated, the sale does not confer resale or reuse authority to a buyer or downstream buyers. It also held that the patentee’s sale or authorization to sell a U.S. patented article abroad does not authorize the buyer to import the article and sell and use it in the United States.

The Federal Circuit decision was taken for review by the Supreme Court.

U.S. Sales

The Supreme Court concluded that Lexmark exhausted its patent rights the moment it sold its patented cartridges in the United States under the Return Program. While they may be clear and enforceable under contract law, the single-use/no-resale restrictions in Lexmark’s contracts with customers do not entitle Lexmark to retain patent rights in an item that it has elected to sell, according to the Court.

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The United State Supreme Court held oral argument on whether the equitable defense of laches (an unreasonable delay in filing suit) may be raised against a claim for damages based on patent infringement occurring within the six-year limitations period of 35 U.S.C. 286. SCA Hygiene Products Aktiebolag (SCA) produces adult incontinence products, as does First Quality Baby Products, LLC (First Quality). In 2003, SCA notified First Quality that First Quality was infringing on one of its patents, and First Quality responded by arguing that, because the SCA patent in question was essentially the same as a prior-filed patent, it was invalid so First Quality did not infringe. The two companies ceased communication on the issue, but in 2004, SCA requested that the U.S. Patent and Trademark Office (PTO) reexamine its patent in light of the prior-filed one, and in 2007, the PTO determined that the patent in question was valid.

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