Category Archives: Information technology (IT)

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Real inventions are not on Shark Tank

Big shark in the oceanariumOn Tuesday evening, I went to a “shark tank” event at TechNexus in Chicago. Thanks to my friend and colleague Nancy Fallon-Houle, the startup business lawyer, for inviting me. Here’s what I’ve learned about inventions and Shark Tank. If you’d like to know more about how to profit from your inventions, this article is for you.… Continue Reading

Of patents and prizes, or are your engineers smart enough to invent?

Businesswoman Has Won A TrophyLet’s say you own a business that makes something, whether it’s a software product or a hardware device. Your success depends on filling your customers’ needs better than anyone else. You innovate to make your products better, faster, cheaper. You solve your customers’ problems. That’s what your engineers and coders do. But you’re stuck on … Continue Reading

Patent Incentives, Innovation and Profits

Lucky Architects Celebrating A Success“We’ve run out of big ideas,” the Wall Street Journal wails. The voice of Corporate America paints a bleak picture without offering any path forward. In this article, I will provide a simple formula for innovation, market leadership, sales and profits.… Continue Reading

5 Ways to Protect Your Proprietary Software after Oracle v Google

Programming concept: Java on Torn Paper backgroundNine billion dollars. That’s what Oracle wanted from Google for the unauthorized use of 37 Java APIs in Android, which runs most of the world’s smartphones. Zero. That’s what Oracle has been awarded by a California jury, which decided on May 26, 2016, that Google’s use of the APIs is “fair use” and thus permitted … Continue Reading

How long should a patent claim be?

Hand Holding Wooden Folding  RulerHouse counsel for a large software company has written an open letter to me titled Pursuit of Extremely Short Patent Claims. He has thrown down the gauntlet in a public forum. Here’s what he said to me, followed by my response. … Continue Reading

Three Takeaways from Computer Chip Patent Wars

Circuit womanOn April 25, 1961, Robert Noyce, then of Fairchild, was issued U.S. Patent 2,981,877 for the first silicon-based integrated circuit. The earlier-filed patent application of Jack Kilby of Texas Instruments (TI) was still in the queue at the U.S. Patent Office. In the end, Intel would become Fairchild’s heir and boast annual sales of over $50 billion, leaving … Continue Reading

What everyone should know about Apple slide-to-unlock patent vs. Samsung

Slide To UnlockIn the last inning of the Apple-Samsung game of smartphone hardball, Samsung slid into home. Apple failed to make the tag. “Samsung is safe!” cried the umpires. The inning was umpired by the U.S. Court of Appeals for the Federal Circuit, which held Apple’s slide-to-unlock U.S. Patent 8,046,721 invalid. See Apple v. Samsung (Fed. Cir. Feb. 26, 2016). … Continue Reading

What should you patent?

WheelhouseIn this part 2 of a series on 4 W’s of patent, we will consider the what of patent, specifically, the reasons to focus on patenting inventions that are “in your wheelhouse.” In this article, we will address three “what” questions: What is a patent? What kinds of inventions should you patent? (Are they in your … Continue Reading

More Words, Less Patent Clarity

Absolute ClarityThe Director of the U.S. Patent and Trademark Office has announced that in her zeal to prevent substandard patents from issuing, she will insist on clarity of the record. Every word of every patent will have to be defined. And every word stated in the patent process—in the give and take (or “prosecution”) between applicant… Continue Reading

Patents: Buy, Sell, or Practice? What Google Learned May Surprise You!

Google has made a big splash with its patent purchase program. It says it wants to keep patents out of the hands of those who might be tempted to assert them against Google. That sounds fair enough, but there is more at stake than meets the eye. Google is trying desperately to build a large patent portfolio. … Continue Reading

Improved product? Patent it for profit.

You own or run a niche business that makes value-added products. Yes, that still happens in America, the Number 2 manufacturing country in the world, according to a comprehensive new study by the Congressional Research Service. (Read further for details.) American manufacturers spend far more on R&D than any other country in the world. What’s more, … Continue Reading

#HIMSS15 Health IT, IP & Software Patent

As I write these words, I stand among 41,000 health information technology (HIT) professionals gathered in Chicago for  HIMSS15. As an intellectual property (IP) lawyer, I am here because my clients are here. If you’re at HIMSS15, you are probably engaged in electronic health records (EHR) software, hardware and/or medical devices. Your organization is likely to be active … Continue Reading
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