Through bogus claim construction, the district court was also reversed in finding Samsung infringing Apple's 5,946,647 patent, which claimed an "analyzer server" that Samsung did not employ in its similar technology.
The upshot: pathetic jurist work by Northern California Judge Lucy H. Posted by Patent Hawk at PM | Prior Art Zoltek sued the US Air Force and Navy for making carbon fiber sheets for its aircraft claimed under Re 34,162.
With an increase in such cases, there is also an increase in the requirement to perform invalidation searches to kill such patents.
We have always considered a patent search or better to say here an invalidation search, as an art rather than a science.
The federal trial court gave the government a ridiculous degree of deferrence, and found in its favor out of legal ignorance.
In general, patents can stay in force for up to 20 years from the time of filing although the actual length of a patent’s life can vary depending on a variety of factors. Suffolk’s patent application was filed back in 1996, but it turns out that the invention was described in a 1995 Use Net newsgroup post posted by a college student. If a reference is sufficiently disseminated at time of original publication then the ability to later locate the reference is irrelevant. Under the statute, a patent is invalid if “(a) the invention was … before the invention thereof by the applicant for a patent.” Courts have repeatedly found that online content fits within the definition of printed publication. Public accessibility looks to the ability of persons who would be interested or skilled in the subject matter to locate the reference using only reasonable diligence.While some of us try new strategies to excavate one, other explore databases that have not yet been explored. We all know that a picture is worth a thousand words.To sum it up, we all rely on text to find a prior art. It is capable enough to tell a story, instigate feelings, emotions, and in some cases even serves as proof for the developments that took place.More information about patent term, and an explanation of how to estimate whether a patent has expired, is available on the Patent Term Calculator webpage.Also, note that the claims of a patent can be invalidated by federal courts and/or the USPTO only prior to their expiration date.For that legal conclusion, the court relied upon a handful of facts: Invalidity affirmed.The case was discussed in an earlier Patently-O Posting titled Structuring a Privateering Contract (2012).(2015-1171), the CAFC once again demonstrated its lawless bias and caprice, reversing an appeals panel to reinstate the erroneous obviousness decision by the district court, finding for Apple against Samsung (no surprise there).Judge Reyna, in dissent: "The majority's en banc review is simply a do over." Posted by Patent Hawk at AM | Prior Art In by adding a missing limitation to a prior art reference and thereby declaring 7,917,843 obvious via "common sense." The CAFC reversed, not wanting the PTO's biases so obvious.