Florida Intellectual Property Law Blog

    A great majority of the news on patents deals with patent infringement, patent law, and, not coincidentally, it brings to mind the overriding importance of ethics in protecting intellectual property--and profits. As a Florida patent attorney, the long term growth of my business depends on the integrity of the patent applications I file, and recent news underlines its significance.
    In a recent online edition of the International Herald-Tribune, Robert Pear wrote an article on just this issue. Currently, patent law dictates that patents held by companies or individuals who have engaged in "inequitable conduct" are subject to having those patents revoked. A pretty severe penalty--maybe, and the subject of hot debate in today's courtrooms.

    Patent laws, which affect Florida patent attorneys and patent seekers (and interested parties everywhere), are at the crossroads, with some lobbying for "the biggest changes in U.S. patent law in more than 50 years." Very nearly every industry is represented.

    On the one hand, opponents of current patent law wonder if the law is too severe for what senior VP and general counsel for Eli Lilly calls "relatively minor acts of misconduct." According to the article, the U.S. Court of Appeals for the Federal Circuit has found inequitable conduct in "at least 40 cases, including 14 that involved pharmaceutical or health care products." Types of misconduct have included submitting false statements to the patent office, a lack of accuracy in describing experiments, and concealing information contradicting their claims. Brand name drug companies and the companies who support them report that accusations are frequent and, often simply "honest mistakes."

    On the other hand, I wonder: In patenting, particularly medical patenting, is there really any room for mistakes--honest or otherwise? Florida patent attorneys and patent attorneys everywhere who are registered with the U.S. Patent and Trademark Office know that protecting their clients requires the utmost in meticulous attention to detail (after detail after detail). The better the application, the more quickly it passes, the more secure the received patent is from attack, and the more the client is free to profit from it. With patent infringement and other litigation costing us into the billions of dollars, can we really afford misinformation and mistakes?

    Consumer groups think not, though recent patent legislation threatens to make it a little easier to make "mistakes." The House of Representatives approved a bill making it more difficult to prove inequitable conduct, and the Senate Judiciary Committee are "haggling over a companion bill." That bill may reach the floor this summer.

    The need to stop unfounded accusations notwithstanding, this Florida patent attorney is hopeful that the backbone of integrity that supports the patent system will win out and grow in strength in years to come.

       Playing games pays big, at least it could for the patent holders of Grand Theft Auto®, according to an article in February 26th's online edition of The New York Times, in the Technology section. Take Two Interactive, a game developer across the country from this Florida Patent Attorney, is currently being pursued for acquisition by formidable player in the video game world--Electronic Arts. They have offered Take Two $2 billion dollars.

    However, Take Two Interactive has yet to concede. Perhaps, the non Florida patent holders are waiting to see if Electronic Arts will up the ante. Grand Theft Auto®, in its various versions, has sold nearly 65 million copies. Company executives say they will not entertain any offers until after April 29th, when Grand Theft Auto IV is scheduled for release.

    While the various patents held by Take Two Interactive for the Grand Theft Auto® series is a big success, Take Two Interactive and other financial analysts are wondering whether that value may well increase. As of Friday, February 22nd, Take Two's stock value was $17/share, and while Electronic Arts has offered $26/share, one particular analysist, Daniel Ernst of Soleil Hudson Square Research, speculates that their stock may increase to $30/share.

    Electronic Arts says they believe Take Two should take their offer, because they are a "depreciating value," but wouldn't you expect to hear that from the potential purchaser? As a Florida Patent Attorney, I'm always excited to see the windfall a worthwhile patent can produce. I'll keep you posted on other news on this acquisition.

    (Time online, February 4, 2008) I've heard tell of studies decrying the use of phthalates in the plastic containers which hold our food and health and beauty aids. As a Florida Patent Attorney, I was interested to see that Time magazine covered a recent study on the presence of phthalates in baby urine, based on the use of certain mass market baby care shampoos, powders, and lotions.

    Phthalates are chemicals that allow plastics to be flexible and stabilize the fragrances in many common shampoos, soaps, and other body care products. This small-scale study of 163 babies indicated that phthalates were present in the urine of babies whose parents had used products that contained them. However, whether phthalates are harmful is yet unproven.

    Nevertheless, I wonder if we'll start to see less of particular brands of baby products on the shelves here in Florida. Patent Attorneys, moreover, tend to be less concerned with reality and more concerned with perception. If news of the phthalates reach "critical mass" you can be sure there will be a consumer backlash.

    And, herein lie opportunities for patents that cover alternatives to phthalates. I'll be combing the news to see if anyone comes up with an idea in this area. If you think of one and want to patent it, I'm here, as always.

       Recently, I posted a blog about Apple's patent pending idea to sell a keyboard with dynamically shifting keys. (A number of keys on the keyboard have the ability to change according to the user's needs.) They're not the only ones who want to patent ideas to make things more fluid for users.

       Samsung has filed a patent application for a cell phone with interchangeable keypads(HT Lounge, January 28, 2008). There is one keypad for regular phone dialing, and one with a QWERTY keyboard for text messaging and other word processing functions. The patent includes a gaming pad, music controls, etc.

       As a Florida Patent Attorney, I've seen a lot of ideas--in this category and more. I think the concept of a cell phone keypad that changes to suit what the user is doing at the moment is great. I know how fast some of us can text message on a regular cell phone keypad; however, it is a lot more convenient to type on a QWERTY keyboard.

    That said, Samsung's patent is for physical keypads you have to change manually, and, well, I think you're just trading convenience. Is it more or less convenient to text on a cell phone than to have to physically change the keypad. And, I don't know who would have the inclination to take the time to do it, or even the storage space to tote all those keypads around.

       Anyone else want to weigh in here? (Florida Patent Attorneys included.) I'm curious.

    I am often asked by inventors about the risks of having their patent revoked at a later date.  The United States Patent and Trademark Office doesn't make it easy to get a patent.  Florida patent attorneys like myself work through excruciating details to secure the approval of our clients' patent applications.  The USPTO also puts a significant amount of time into prior art searching and research prior to granting a patent and is necessarily reluctant to take a patent away once it's been issued.

    I read an article today about the USPTO's decision to tentatively nullify four patents held by Gilead Sciences, which cover a drug that treats AIDS patients (San Jose Mercury News, January 24, 2008). A consumer advocacy group up the coast from Florida (in New York) called the Public Patent Foundation is the third-party challenger in this case, claiming Gilead's patents are invalid, because they'd publicly disclosed the technology behind the drug.

    This brings up something I consistently counsel Florida patent seekers (and patent seekers everywhere) against. It is vitally important not to publicly disclose your idea--and in fact not to disclose it except under absolute necessity--before filing for a patent. The USPTO can, and certainly will, reject a patent application for an idea already in the public eye.

    Now, the chances are small that Gilead, having already secured their four patents, will have their patents revoked. (Even the Public Patent Foundation admits the unlikeliness of this.) And, Gilead, which earned $3.1 Billion in sales based on their patents, says they will "vigorously defend each and every claim." With that big a business riding on it, I'm sure they will.

       As a Florida Patent Attorney, I know where I'll be this Groundhog Day, and It won't be looking out for anyone's shadow. Inventors in the South Florida area are invited to showcase their inventions at the upcoming "Latest Inventions Under the Moon Expo" at the Broward County Library. And, I, for one, will be there. Participants are invited to share their patented and patent pending inventions, and I'm excited to see what new innovations Florida consumers and businesses can expect to see in the near future.

        The Inventors Society of South Florida is hosting the event, which will take place on February 2, 2008 from 10:00 to 2:00 on the sixth floor of the library. If you'd like to present your invention, reserve your display space by January 25, 2008 by downloading a registration form from the Inventor Society's website or requesting one from bmiller@browardlibrary.org.

       Registration forms should be returned to Eva Thomas, 1521 SW 13 Drive; Boca Raton, FL 33486 or via fax at 561-391-7805. I hope to see you there. For more information about the Inventors Society of South Florida, click here.

       I recently posted commentary on the trend towards eco-friendly patents and inventions. Today, I saw greater evidence of just how sizable this opportunity really is.

       In a grand-scale movement towards a greener Earth, Bloomberg.com (January 14, 2008) reports that major corporations are being asked to donate eco-friendly patents for collaborative, ubiquitous use in "fighting global warming and promoting sustainable development." Patents, being the beating heart of profitability, are the most closely held and valuable properties owned by corporations. (Just last year, the USPTO issued over 3,000 patents to IBM alone.) As a Florida patent attorney in Fort Lauderdale, I've little witnessed anyone giving over their patent rights for free--in my work here in Florida, elsewhere in the United States, or in more global spaces.

       Yet that is what major companies are being asked to do in a herculean effort called the "Eco-Patent Commons" put forth by the World Business Council for Sustainable Development. IBM is leading the charge, and three other big corporations have already signed on: Sony, Nokia Oyj, and Pitney Bowes. IBM offers their catalytic reactor, which converts pollutants into stable gases using low-radio frequency energy ions. Additionally, they will donate a patent that provides an alternative to Stryofoam peanuts for packaging. Sony is donating a patent that purifies wastewater using a natural coagulant, while Nokia is giving away their rights to a patent that transforms old cell phones into other electronic devices (e.g., calculators, clocks).

    Encouraging companies to donate their patents is no mean feat, but it's surely made easier with companies as large as these at the forefront of the effort. And, it shows you just how much emphasis is being placed on eco-friendly innovations. For any inventor who wants to break in, donating a patent of wide-scale environmental importance may be an interesting, strategic business move to gain notoriety towards your next big idea. Let me know if I can help: (866) 433-2288.

       Crocs are a popular beach shoe here in Florida, across the U.S., and outside our nation's borders. Now, the design patent they hold may be in jeopardy according to a number of recent news stories, including one in the January 4, 2008 edition of Forbes online. Holey Soles Holdings in Vancouver, Canada and Crocs are waging war against each other, since Crocs began in 2005 to try and push Holey Soles out of the market. Most recently, The European Union declared Croc's patent invalid, claiming that their Beach model shoes "lack individual character" versus other similar brands. (Perhaps in testament to the value of patents Crocs' stock price dropped $5.00 or 13.2% this past Friday, January 4, 2008.)

       The two companies make shoes that are very similar to one another; Crocs believes Holey Soles is violating their patent, while Holey Soles, of course, believe they are not infringing. The courts are in the process of reviewing the case further and the Forbes article comments that the dispute may "ultimately come down to a strap across the front of its Beach model design." If the strap is determined to be purely decorative, it is likely that Crocs will emerge the winner; whereas, if it is determined to be functional, their patent may very well be invalidated.

    These possibilities reflect the fact that design patents are used to protect the look of an invention, while a utility patent is necessary to protect its function. In patent protection, it very often comes down to details and that is the lesson here: when you think you've finally scrutinized your idea and your patent application enough, scrutinize it at least eight more times.

       Find it difficult to remember which codes or keys are used for special keyboard characters; for instance ®, ™, or ?? MacDailyNews reports that Apple hopes to change that with a keyboard they've just invented that has been likened to a chameleon. Depending on what your needs are, Apple's "dynamically controlled keyboard" features specific keys that can change symbols to reflect the one a user is actually trying to press.

        Changes occur via the integrated workings of the particular software being used, "organic light emitting diodes" (OLEDs) on the keys, and "application specific integrated circuits" (ASICs). A review of the full patent application and the independent and dependent claims they've included is available on the USPTOs website and by clicking here.

       Apple is one of the most innovative companies around in this day and age. I find it impressive that in a field that literally changes by the hour, they continue to spearhead inventive, consumer-driven thinking. Considering their keyboard in a more broad perspective, you can see that a couple of the consumer insights driving an invention of this sort are: 1.) The need for speed in a time-strained world with consumers consistently seeking to get more done faster (and faster all the time); and 2.) The high value placed on personalized response: it's not what "most people" want but what "I want" that counts (and which gets results faster).

       Other companies and inventors recognize these consumer trends and are acknowledging them with innovations of their own. Are you among them? If not, maybe you could be. I'd love to hear about and help you patent your own insightful invention.

       Undergoing a company-wide restructure, Sony is grounding their comeback on one thing--innovation, according to the Central Florida News (December 11, 2007). Sony plays in a fiercely competitive landscape and, in recent years, has fallen behind. CEO Howard Stringer indicates that all that's about to change with the company stepping up the "wow factor" with key innovations. It seems like the right place to start in a field where patented innovation is largely predictive of a company's failure or success.

       Innovation led to Sony's leader status when they all but owned the portable music industry with their Walkman®; however, their competition caught up, and quickly. In a category that measures innovation in months, or even weeks or days, continual reinvention is necessary to keep ahead of the pack. (And, patenting those innovations, as Sony well knows, is even more critical.)

        Sony plans to focus their innovations in flat-panel TVs, networking services for their PlayStation 3, and a music player that uses robotic technology. A reporter at the Central Florida news believes these planned innovations will show that Sony has "recovered from its past financial problems." For Sony's sake, I hope the reporter is right, and I look forward, as always, to hearing more about new and innovative products.

    Apple joins several other companies being sued for allegedly infringing on a patent covering visual voicemail, according to a number of Internet news sites and TG Daily. Klausner Technologies--until now largely unknown--is the owner of two patents that cover elements in voicemail retrieval that utilize a visual interface. In addition to seeking $360M from Apple for their iPhone, Klausner has pending patent infringement suits for $300M each against Skype, Cablevision, and Comcast.

    It appears there may some legitimacy to their claims, as AOL and Vonage both pay Klausner licensing fees for use of their patents in their online voicemail services. Time will tell, of course, but if Klausner is proven to be in the right in even one of the pending suits, they stand to make mammoth gains. And, if they are correct in their analysis, well they should.

Dr. Robert Cade, inventor of Gatorade, died on Tuesday at the age of 80, but the powerhouse he built in Gatorade will live on. Beverage Digest reports that in 2005, Gatorade had an astounding 80% marketshare of the $5.5B sports drink market. Yet, Cade's booming business, with global presence in 80 countries, began with a simple question.

According to Yahoo!News, the question that ignited Dr. Cade's invention and patenting of Gatorade was this: "Why don't football players wee-wee after a game?" Then Head Coach of the Florida Gators Dwayne Douglas posed the question way back in the sixties. Realizing players can become dangerously dehydrated during a game, losing up to 18 pounds in the three hours it takes to play, Dr. Cade saw that an opportunity was upon him, though the first prototype was more than lackluster. One of the researchers reported that it tasted like "toilet bowl cleaner," and Cade himself vomited after guzzling the potent brew. Back to the drawing board; the team worked to improve the flavor, and they succeeded.

The Florida Gators took up drinking Gatorade during the games, and Gatorade won out as the Gators were known for their endurance. And, so an endurance brand was born. Perhaps, the benefits of Gatorade reached mythic proportions when 1967 Georgia Tech Head Coach Bobby Dodd announced his team had lost to the Florida Gators because they "didn't have Gatorade." Gatorade's legend and their business took off from there, growing into the multi-billion dollar enterprise it is today. That's patent perfection.

According to an article in www.findthatpatent.com a garden tool rack invented by Pei-Ying Lin (Taichung Hsien, TW) has obtained United States patent 7,156,242. The invention helps to store garden tools on soil when work is in progress. The garden tool rack stores the set of garden tools more conveniently. The main aim of this invention is to provide the convenience to use the set of tools easily. The rack body is fastened to earth by making use of the anchoring devices that are attached to the end caps.

The tool rack comes with a hollow rack body, axial positioning structures preventing the tool holders from axial displacement relative to the rack body and tool holders plugged into respective rack body plugholes for holding garden tools. The rotary positioning structures allow the tool holder to be biased relative to the rack body within a limited angle and be locked in position stopping interference of loaded garden tools with one another.

As a Florida patent attorney, I have a special interest in gardening and am blessed with a year-round gardening season.

The ice-fishing bucket invented by Gene Persinger has received United States Patent No. 6,364,150. According to an article in freepatentsonline.com, this bucket works well for organizing as well as transporting ice fishing rods and tackle. The invention includes a plastic bucket that has a removable lid, which has a large hole cut into it as well as a foam ring fitted around the inner boundary of the hole.

There are slits along the inner circumference of the foam ring that cuts radially for securing the fishing rods. Into the bottom of the ice fishing bucket, there is a foam disk with holes, which receive the handle ends of ice fishing rods. The holes are made maintaining a vertical alignment with the slits that are made in the foam ring above.

For organizing the ice fishing rods, the handle of the rods are placed in the foam disk holes and the rod is then pushed into the corresponding slit on the bucket lid's foam ring. The fishing rods are held in place due to the friction between the slits and the rods. There are also provisions for keeping lures and tackle in the center of the bucket.

A patent has been obtained by a 10-year-old boy for his invention of a device used for dispensing live feeder-guppies to predatory fish kept in aquariums. As reported in an article in www.practical fishkeeping.co.uk, the boy, Evan Loginov was issued the patent number 7,059,270 from the US Patent and Trademark Office, for the purpose of a gadget he formulated for his school's invention fair.

The boy's invention, the "in-tank feeder-fish dispenser" contains the live feeder-fish in a small chamber, which at times keep dispensing them, so that the other fish could chase them around and finally eat them. The benefit of the invention is that the aquarium owner just needs to release a small door containing the small fish during the feeding time. The small fish is let out, but the big fish cannot get into the chamber to eat the other feeder fish.

Loginov disclosed, that the reason behind his invention was his father getting fed up of going out everyday, for the purpose of buying live guppies in order to feed his blood parrot cichlid.

The alternative transportation pioneer ZAP (OTCBB: ZAAP) has been awarded a patent as well as a trademark by the United States Patent and Trademark Office for its city speed electric car and truck, ZAP XEBRA.

According to an article in www.marketwire.com, XEBRA from ZAP has been designed to become a new class of affordable vehicle to fill in the growing demand for gas-free motorized transportation. Thus, ZAP takes pride in being able to present the first practical as well as cost-effective vehicle in the form of XEBRA.

According to ZAP Chairman Gary Starr, the electric cars are different from the gas cars, and this has encouraged them to bring up something with a unique approach. He further adds that users purchase the electric cars as a second car and go on to use them as a first car, while the gas cars get used occasionally.

ZAP has also planned to market fuel-efficient vehicle technologies globally through auto distributors and dealerships under the ZAP brand.

Nephros, Inc. has announced that it would be working with the United States Marine Corps Warfighting Laboratory in Quantico for developing a portable personal water purification system. The water purification system is meant for the future soldiers.

The aforementioned project is to be funded under the Department of Defense budget activity for Research, Development, Test & Evaluation (RDT&E). The appropriation is a portion of the HR5631, the "Department of Defense Appropriations Act, 2007, which has been signed into law on September 29, 2006 by President Bush.

According to an article in prnewswire.com, Nephros has claimed that its patented technology has been an important invention in offering reliable as well as affordable solution for water filtration. The basis for the portable system is the Dual stage cold Sterilization Ultrafilter ("DSU") technology from Nephros. The company claims that this filter can eliminate parasites, viruses, bacteria and other bio-toxins.

Patent violation by VoIP service provider Vonage took a hit from Federal court, which declared that Vonage has violated seven patents held by wireless phone carrier Sprint Nextel as mentioned in an article in arstechnica.com. It follows a similar jury verdict against the company in March, in which Verizon successfully recovered for damages caused due to violation of patent.

The ruling comes as a huge financial burden for Vonage. The damages of $69.5 million charged to Vonage represents an estimated one third of Vonage's entire market capitalization. In addition, Vonage was charged a 5 % royalty on all future Vonage revenues. This is undoubtedly a shocking experience for the company, which suffered losses since its existence, and currently does not have enough cash on hand to last a year at the rate of current losses. An analysis by  Ars' suggests that Verizon's patents focus less on technology or implementations, and more on general concepts that are essential for  telephony.

Video game patents by Sony iare aimed to prevent PlayStation 3 from running unlicensed software. As posted in an article in www.1up.com, the patent invention would help register one's copy of Genji 2 upon insertion into the PS3 and would disallow the playing of other copies of the game. This in turn, creates a one disc to one console relationship and cripples the “used game market,” which according to the LA Times is important for the game industry. 

Used video game sales have become a rising source of irritation for the publishers, but none went on to make any comments for proving their disapproval. However, used game sales have become a profitable experience for the retailers.

Analysts P.J. McNealy and Michael Pachter have taken the responsibility of exploring this Sony model and have been consulted by a Los Angeles Times piece. According to the estimation of McNealy, game fans are involved in spending about $990 million for buying used games, chiefly through eBay or from GameStop. Maximum amount of the expenditure made is used by PlayStation 2 games.

Patenting Internet business methods have become almost imperative with cases of infringement steadily increasing.  In one of the recent encounters in this arena, Marshall, Texas-based Polaris IP LLC alleged Yahoo Inc., AOL LLC, Amazon.com Inc., Borders Group Inc., Google Inc. and IAC/Interactive Corp for violating the patent on its automatic message interpretation and routing system. The patent produced by Polaris, is essentially a system that can analyze incoming emails of users and decide whether it can be managed automatically or need to be send to a customer service representative.

Polaris has filed a lawsuit against the alleged offenders in U.S. District Court for the Eastern District of Texas, as reported in an article in www.computerworld.com, asking for a jury trial, attorneys' fees damages and a permanent injunction preventing the businesses from using its e-mail filtering system.  A year before, the company litigated Kana Software Inc. for violating the same patent. However, the case was resolved in March, and Kana agreed to license the technology from Polaris.

As a Fort lauderdale, Florida Florida patent attorney, I have secured a number of fishing patents for clients focusing on lures, tackle, and other accessories.  A recent article is of interest, however, as it discusses well known manufacturer, Hook & Tackle, and their patented fishing apparel.  

Fishing patents for Hook & Tackle's Air/X design system were recently issued by the U.S. Patent and Trademark Office.  According to an article in www.landbigfish.com, one of the prime American outfitters, Hook & Tackle is best known for its nautical authentic outdoor and sport fishing apparel. The patented fishing accessories from the company offer exclusive designs for recreational and pro fishermen. Noticeably, the company hosts a technical gear collection that is designed to offer high performance patented fishing gear and the Sportsman's Gear collection which is best suited for after-fishing.      

According to the company, the fishing accessories of Hook & Tackle are flexibly designed to fit different water bodies -land locked fresh water lakes, streams, or open salty oceans. The light-weight sophisticated fabrics from the company are configured to accommodate some great features that includes wrinkle resistance, drying  quickly, stains repulsion and providing maximum protection from sun. The details and uniqueness of product designs is what earns several design copyrights and legal trade dress rights for Hook & Tackle.

Fishing equipment patents such as the convertible fly fishing vest have considerable importance in the fishing world. According to an article in freepatentsonline.com the attributes of fly fishing patents have been carefully tailored to meet the practical requirements of sport fishing. 

The patented vest comprises a mesh panel which forms the rear part of the vest that has a removable rear panel covering the whole mesh panel. The upper edge of the rear panel has been split from the vest. Moreover, the side panel portions are detached from the vest.    

The rear panel is furled into an unfastened pocket from which it extends and an edge of the rear panel is anchored with the pocket. The rear panel in the pocket extends laterally across the rear when placed appropriately and the pocket is zippered.  As the rear panel is secured to the pocket, the entire mesh panel is exposed to offer significant increase in ventilation for the fly fishing person.

Can getting a single letter of the alphabet wrong in an issued patent spell disaster when it comes to litigating against infringers?  Unless the mistake is seen as being a minor typographical error that can be corrected by filing a certificate of correction, the answer is a resounding yes.

Hats off to Peter Zura of The 271 Patent Blog for his post on Central Admixure Pharmacy Services v. Advanced Cardiac Solutions (06-13-07).

 In this case, Central Admixture Pharmacy Services sued Advanced Cardiac Solutions for patent infringment relating to a chemical solution used duriing heart surgery. 

A U.S. company, AFS Trinity Power Corporation, has filed a car patent for a hybrid car recently.  AFS Trinity Power Corporation, the developers of this car has filed a patent application disclosing the concept of “Extreme Hybrid” vehicles.  The Hybrid Car can be plugged into domestic electricity supply overnight to run without ethanol or gasoline as reported in an article in www.newcarnet.co.uk. The supply would be enough for 40 miles a day normally driven by American consumers. For longer trips, the vehicle would operate as a conventional hybrid.

AFS Trinity Power has plans to build a XH drive train in collaboration with Ricardo, a UK-based company. Both the companies have signed up an agreement for mutually exclusive technology partnership to offer a combined effort to develop a plug-in hybrid technology. It is expected that with sufficient funding XH demonstration vehicles could be in the hands of fleet owners in two years and could possibly be licensed for mass production in the following year.

Google Inc. has a newly patented business method that allows users to pay for goods from retailers and vending machines through SMS (Short Message Service). According to an article in www.pcworld.com, Google engineer Ramy Dodin published the US patent titled "Text message payment."

The invention - Gpay is essentially a computer-implemented method that assists in making payments. A text message from the payer is received at the computer server system, comprising a payment request containing a payment amount sent by a payer device operating independent of any server system that debits the payer account for an amount corresponding to the amount requested and crediting a payee account that is independent of the computer system. The users would be able to use the Gpay to make payments to doctors, retailers or even the landscapers.    

However, the method is offered by several services, including the two companies in Philippines -Smart Communications' Smartpadala and Globe Telecom's Globe Gcash. It is still under speculation whether these companies have filed patents for technology in the U.S.

As a Florida patent attorney, I take an interest in news regarding Florida patent disputes and recently posted a blog regarding a Florida patent infringement lawsuit against Toyota over the Florida patent on electtric drive motor technology.

It seems the patenting of automobile innovations is in the spotlight again with Eester's innovative new ultracapacitor.   Considering the thousands of inventions getting patents issued by the U.S. patent office each year, EEStor's technology for replacement of electrochemical batteries is one of the latest hooplas to join the league. The invention is expected to bring an end to the internal combustion engine, as mentioned in an article in www.technewsworld.com   

EEStor's new product is essentially a material compressed between thousands of wafer-thin metal sheets, in a series of foil-and-paper gum wrappers stacked one on top of the other. The ultimate outcome is an ultracapacitor - battery-like device that is capable of storing and releasing energy quickly. The technology is expected to stimulate the renewable-energy sector by allowing efficient, lightning-fast storage for solar power. Further it could lo be used on a smaller scale in a flash-charge for laptops and cell phones.
   
However, the speculation and dubiety hovers over the invention, backed by the company's original claim of making batteries to obsolete. The assertion still resonates, Joseph Perry and the other researchers at Georgia Tech using the same material to double the amount of energy a capacitor can hold, claims the improvements can hardly be realized.

According to Perry, EEStor is saying a lot about how they're making these things. He feels "With these materials (described in the patent), that is a challenging process to carry out in a defect-free fashion."

A long-standing patent infringement matter between Microsoft and opponents Eolas and the University of California was settled on August 31, 2007. Eolas launched a claim against Microsoft's Internet browser Internet Explorer which is said to have violated a patent it held. The dispute revolved around embedding of items within a web page. Microsoft has modified the element in its browser and agreed to make an undisclosed payment to Eolas as cited in an article in www.theregister.co.uk

The patent involved is partly held by University of California, which is expected to receive a part of Microsoft's payout. Eolas has mentioned its shareholders that it anticipates a payout worth $60 to $72 per share for them. However, in a letter to its shareholders Mark Swords, Chief Operating Officer of Eolas unveils ''The litigation with Microsoft has taken a great deal of management time and effort and significant financial resources." Further, Mark announced, "we are very pleased that we now can focus our resources on commercializing our existing intellectual property portfolio and developing new fundamental technologies."

As a Florida patent attorney, I have a number of clients that innovate in the areas of health, fitness, and exercise equipment. that will find this post of interest.  An exercise equipment patent has been issued to LifeSpan's Intelli-Sense (TM) Automatic User Sensing Technology – incorporating unique load sensing features. The manufacturer of LifeSpan fitness equipment, PCE Health & Fitness incorporates this feature into its LifeSpan HOME series and PRO series treadmills according to a report in www.send2press.com. Intelli-Sense is an intelligent and radical technology featuring increased treadmill safety and helps in step-based programming. Intelli-Sense(TM) offers its treadmill users extra safety, without worrying about any kind of scuffle.

It detects the impact of a foot on the treadmill belt automatically, offering greater accuracy than the traditional pedometers. The Intelli-Sense(TM) shuts off the treadmill automatically in case of an   aberrant walking or running condition. The Intelli-Sense(TM) also shuts down if it gets a constant load that a cloth is jamming the treadmill’s belt or a user accidentally has tripped on the treadmill.

The Intelli-Sense technology continues to be utilized in the LifeSpan products to meet customers' demands and enhances their exercising practices. PCE Health & Fitness recently introduced Intelli-Key (TM) interactive lighting system that escorts the users through the setup process on LifeSpan ellipticals, treadmills and exercise bikes. The amalgamation of Intelli-Key(TM) with Intelli-Sense(TM) provides an unrivaled edge in using automated and innovative technology.

As a Fort Lauderdale patent attorney, with a special interest in boat patents, I am always interested in news relating to new boating patents, products, and software.  Fort Lauderdale patent attorneys are responsible for securing a number of innovations relating to this industry, and the city is a major yachting center, with 42,000 resident yachts and over 100 marinas and boatyards.  In fact, South Florida is home to the annual International Boatbuilders Exhibition & Conference.

 A joint effort for patenting boating equipment by the Lighting Science Group Corporation (LSG), focusing on providing environmentally responsible and energy efficient lighting solutions and Callenberg Engineering Inc., which is also a supplier of automation, electrical as well as HVAC systems is on the way.  According to an article in prnewswire.com the companies have joined hands for developing Light Emitting Diode (LED) light bulbs and fixtures that are capable of meeting the rigorous requirements in order to withstand life at sea.

At present, both the companies are working for developing bollard fixtures, LED luminaires, LED replacement lamps and down light fixtures for the marine industry. This all-new technology will be marketed and distributed to the marine industry under the Lighting Science brand by Callenberg.

As reported in prnewswire.com, Chairman and Chief Executive Officer Ron Lusk of Lighting Science said that the LED-based technologies offer the best lighting solutions for almost every application. LSG conveniently satisfies the cruise and commercial shipping markets that are in need of durable, reliable and cost-effective equipments.

In 2007 Seatrade Cruising Convention in Miami, Florida, new boating products are to be introduced and displayed.

Joint patenting by the Big Three automakers - General Motors, Ford and Chrysler, has earned them their first joint patent to replace the parts of the car made of lighter-weight plastic composite materials with parts made of steel. According to a New York Times Report this step facilitates the improvement of the fuel economy.

The United States Council for Automotive Research had been started last year by the Big Three automakers and according to it, the patent symbolized the first time the automakers had produced an original technology. However, the US Council for Automotive Research further adds that it could take some years before the technology is applied to auto making. According to John Fillion, an engineer for the Chrysler Corporation, at present it is not possible to make one part every two minutes, though the engineers can make use of the technology to build a part of composite material in the laboratory.

The new technology enables composite parts to form around a hollow mold without a core - this reduces their weight to 10 percent or more.

I                                                    As a Florida patent attorney, I find myself regularly following news relating to IBM.  Not only is IBM consistently one of the top 10 patent filers in the U.S., but the birthplace of the P.C. was right here in Boca Raton, Florida.  In fact, IBM's main complex was just northwest of Florida Atlantic University in Boca Raton until they relocated to Research Triangle Park in North Carolina.

Internet patents are asserted by IBM claiming patent infringement by Amazon.com.  IBM has charged the e-commerce giant, Amazon with two lawsuits, seeking unspecified damages as reported by www.pcadvisor.co.uk

IBM further added that it had tried to resolve the issue outside of court regarding the Internet patents for four years before deciding to sue Amazon.

According to the article, Amazon.com deliberately exploits its intellectual property by encroaching on several patents, whose coverage includes the storage of data in an interactive network, the presentation of applications in an interactive service, the ordering of items from an electronic catalogue and the presentation of advertising in an interactive service.

As IBM puts it, Amazon had been originally informed about the alleged infringement in September 2002, but the e-commerce company did not want to go for "meaningful discussions". IBM says that the patents in question are licensed by other companies. However, neither IBM nor Amazon has responded to further queries.

Software patents have been granted to HNTB by the U.S. Patent and Trademark Office for parts of its TrueViz(R) Transport software system, adding to the list of software patents. According to www.prnewswire.com HNTB has received exclusive rights to technology for the first time and this has been developed for facilitating its engineering and architecture clients' projects.

TrueViz(R) Transport is an interconnected system of procedures and software which increases the interactive visualization for public involvement and design analysis. The code of the software is credited to transform linear point-based data in design output to a chain of mathematically defined surfaces and curves. This simplifies the conversion of design files to 3-D and also brings in more accuracy and needs less time.

Consequently, HNTB can now bring before its clients as well as their stakeholders more realistic imagery of design alternatives. HNTB Companies, an employee-owned organization of infrastructure firms are famous for their functioning in bridges, architecture, transportation, aviation, urban design and planning.

Think automotive and automobile patents and Honda Motor is sure to come to mind. Herald Tribune reported that the world's largest automobile engine maker, Honda is poised to come up with the first diesel car for complying with environmental pollution standards worldwide.  Adding to its list of patented automotive technology, the company is credited for inventing a way to curtail the smog-forming gases. This technology claims to bring about faster acceleration of diesel cars and greater fuel economy. Honda is confident that this all new technology will gain a lot of customers.

According to a U.S. patent derived from Bloomberg News, the automaker boasts of a treatment system, which makes the exhaust flow via a plasma reactor or a layer of gas containing electrically charged atoms. Through this system, hazardous Nitrogen Oxides are separated to form Nitrogen Dioxide, which is finally decreased or absorbed by silver and alkali metals. Nitrogen Oxides are responsible for causing asthma, cancer, heart and lung diseases.

Honda has plans to sell its U.S. diesel model by 2009. However, the automaker has not revealed the models that will be available with its brand new engine.

                                         Internet Patents in the news again.  According to a recent press release from Electronic Frontier Foundation (EFF) in their official website www.eff.org, they are set to challenge an allegedly improper Internet patent that is threatening small businesses.

Ideaflood is a self-declared 'intellectual property holding company' that makes use of Internet subdomain patenting against payment from the website hosting companies, which provide personalized and virtual subdomains, such as 'action.eff.org' for 'eff.org', the parent domain.

A reexamination request had been filed with the United States Patent and Trademark Office (PTO), the result of which revealed by EFF and Rick McLeod of Klarquist Sparkman, LLP, proves that the method Ideaflood boasts of inventing was known prior to the issue of the patent and thus goes without merit. Furthermore, website developers were also publicly discussing the creation of these virtual subdomains on an Apache developer mailing list a year earlier Ideaflood claimed its patent.

According to Rick McLeod, the patent system must be for innovation and is not meant to infringe on the public area.

Jewelry patents obtained by Cellular Jewelry Inc., a leading provider of cellular solutions and technologies is the latest buzz in the industry according to the company.  Cellular Jewelry (TM) has been granted a U.S. patent (Patent Number 6,954,659) by the United States Patent and Trademark Office (USPTO).

A recent report in www.send2press.com explains that Cellular Jewelry (TM) is more of an alerting device and is known to flash when a signal is received within a distance of 3 feet from a cellular phone. The product line of this company includes Cellular Bracelets (TM), Cellular Pens (TM) and Cellular Watches (TM) and all of these lights up when they are within 3 feet from a ringing cellular device. This is a fabulous merge of technology and fashion.

The Cellular Jewelry products have bright LED lights that are designed to operate on TDMA, GSM and iDEN networks. As David Cadis, President at Cellular Jewelry puts it, "this patent symbolizes a notable advancement in wireless technologies". He further adds that the patent ensures public safety and also benefits consumer and enterprise applications, which are in need of new innovative technology and reliability.

Patenting inventions have taken another big leap with the invention of a computer algorithm by the Ford Motor Company.  According to nytimes.com, this computer algorithm for a traction-control system is advanced and is expected to stop a car from spinning its wheels in case a driver steps too hard on the gas. The patent covers a chain of mathematical procedures or an algorithm, which enables a computer process to calculate the slope of the road as well as its friction.

Computerized anti-lock brakes are great for preventing a car from sliding into an uncontrollable skid. This patent invention is a more complex system, which is able to analyze the road conditions and can depict whether the wheels of the car will slip.

According to Roger May, a patent attorney for Ford, the company is scheduled to introduce the traction-control system on its 1998 or 1999 models. He further adds that 'peeling rubber' will be impossible with this system.

The automobile patent for an Intelligent Valve Actuation or IVA technology  granted to Camcon Technology was reported in engineeringtalk.com. According to the article in engineeringtalk.com, IVA is supposed to be offering a low-cost, compact, and a low power consumption mechanism, which has the ability to improve the efficiency of engine combustion. The technology will also be increasing the fuel economy and engine performance of the automobiles and will cut down the emissions from the engine.

A number of lift positions are compatible in the IVA technology and this in turn allows energy recovery for supporting low power consumption. The low seating velocities provided by the technology also makes sure that there is minimum noise and good durability. 

The technology further allows each valve of the engine to be controlled independently.

According to Ian Anderson, Chief Operating Officer, Camcon, "IVA being a riotous technology has the ability to change the car engine essentially for the first time in 90 years". The European patent has been awarded in the UK, Sweden, Portugal, France, Spain, Italy and Belgium.

Patent infringement has once again raised its ugly head with Ericsson filing a lawsuit against Samsung in a Texas court, as reported in www.pcadvisor.co.uk

According to Ericsson spokeswoman Kristina Hagg-Blecher, the suit charges Samsung for infringing on the mobile phone patents of Ericsson. In February, Ericsson had filed lawsuits in the UK, US, Germany and the Netherlands following the failure of both companies to agree terms for renewing the patent licenses. For patents related to many mobile phone technologies, Ericsson had initially signed a licensing deal with Samsung back in 2002.

According to a spokeswoman for Samsung, the company does not make any comments on the ongoing legal issues.

Ericsson and Samsung are not the only mobile companies to fight over patent license renewals; in the past, Nokia and Qualcomm were caught in the middle of a bitter renegotiation process. At that time, Nokia had filed a complaint against Qualcomm with the EC and Qualcomm had filed a complaint against Nokia with the US International Trade Commission.

 POD Digital Promotions patents an advertising system in hopes of successfully penetrating target-markets through digital advertising as reported in an article in enewschannels.com.  An integration of print and visual media, the POD advertising system offers the advertisers an extra edge with a unique approach consolidating the best of experience, creativity and technology. The system is particularly designed to provide the clients maximum exposure at a limited budget.

This new formula for digital promotion provides the clients with consistent exposure. Basically the POD Advertising Unit is strategically located in high-traffic zones such as shopping malls, hotel lobbies, fitness centers and eateries. The Unit consist a digital screen that plays a full-motion commercial along with advertiser's full color, tri-fold brochure. Further, the advertisers can also add coupons and other incentives.

The new advertising system emerges a viable alternative to traditional advertising. Jody Torre, President, POD Digital Promotions describes that ''there is a seismic shift to newer forms of marketing. POD Digital Promotions emerges as a powerful alternative to traditional advertising, proving itself to be a highly targeted, cost-efficient, and accountable medium."

As an avid fisherman and Florida Patent Attorney, I am always interested in patenting news relating to the sport.  In this regard, fishing patents have provided an extra edge to the quick-release fishhook genre.   According to an article at www.freepatentsonline.com this versatile patented equipment seems to be a great asset for the anglers. It elaborates that the manageable fishhook can be operated with one hand – releasing a fish caught on the hook without exposing the hands to the hook or sharp fish teeth.

The hook's shank portion has an interior channel connected to a slotted rear shank portion, which extends obliquely from the rear end of the forward hook shank portion. There is an U-shaped hook member having a sharp tip and locking notch, that are attached to the slot in the rear shank portion with a swivel pin displacing from the axis of the forward hook shank portion. Further, the lock rod ride is present in the interior channel, which is spring-biased rearwardly and fained in the locking notch. A distal button connected to the lock rod allows the angler to retract the lock rod from the notch. Through the rotation, the biased lock rod snaps into the locking notch to lock the hook for angling.

A number of my Florida patenting clients have business patents for innovative marketing methods and other business innovations.  In recent years, business method patents issued by the US Patent and Trademark Office (USPTO) are forced to meet the raised bars of patentability.  NextMark received a patent from USPTO for its series of new techniques the list technology company has invented for choosing mailing lists, as has been reported in an article at www.dmnews.com.

In essence, the patent defines a method for generating a highly targeted mailing list of prospective customers for a listed purchaser. It is partly based on productive prospect lists that was earlier used by the list purchaser, current customers of the list purchaser, prospect lists that the related list purchasers used or it might be any combination of this data.

NextMark's invention is particularly fit for network-based prospect list services that provides prospect lists' database to direct marketers on Internet. According to Joseph Pych, president of NextMark ''We did this because with rising postage rates and waning tolerance of junk mail and spam, it's more important than ever to send your marketing promotions to recipients who welcome your offer."

Industrial Nanotech, Inc. was awarded an environmental product patent for Nansulate LDX. It is being used at a Pacific US Navy facility by military contractors for encapsulation lead-based paint. The patented invention though relatively small in order, seems to be an epochal breakthrough in Nanotech's ongoing efforts to gain market share for Nansulate LDX throughout US Government facilities worldwide, as cited in an article in www.specialchem4coatings.com. Nansulate LDX provides an eco-friendly alternative for environmental remediation.       

This new water based environmentally safe, lead abatement coating product offers a new technology applicable to any substrate, forming an obstructive coat to seal highly toxic lead paints. Moreover, it is believed to offer additional benefits complying with the standards of Nansulate product line – protection against corrosion, thermal insulation and prevention of mold growth without the use of toxic moldicides. The reports from U.S. Environmental Protection Agency (EPA) estimates lead abatement costs for residential units nationwide are roughly $570 billion, with another $500 billion approximated for the cleanup of commercial facilities.

In recent years, patenting medical techniques has become a recent trend, with major technological advances attributed as the major contributing factor. According to a recent article on http://www.medgadget.com, the U.S. Patent and Trademark Office confirms an increase in medical/surgical method patent applications. They’re not the only ones noting this trend, however. Tresa Baldas of the National Law Journal reports that she, too, has noticed a surge among those in the medical field seeking patents for techniques and not just devices.

I expect this trend will continue, as patenting techniques has significant potential as a return on Investment. Fellow patent attorney Eric Raciti of Cambridge, MA agrees, feeling that method patents are becoming “the bread and butter” of patents in the medical community. I look forward to seeing where medical innovations will take us.

As a Florida Patent Attorney, I have a number of friends (and a sister) that went to the University of Central Florida and find patenting news relating to the school of special interest. 

As recently reported, the University of Central Florida patents specially designed zoom lenses for digital cameras that replicate the working of the human eye according to UCF News and Information. 

At least five Florida patents filed by Florida patent attorneys for the University, have been granted to the University and the technology is licensed to a manufacturing company, Holochip Corp., based in Alburquerque, New Mexico.

 The complete article is available here and reproduced below in the event that the link changes or is broken:

Patenting of marketing systems like the new mailing list selection technique of NextMark Inc. provide an extra edge to any company.  The NextMark patent was issued by the United States Patent and Trademark Office for its system of generating highly responsive mailing lists, as mentioned in an article in www.nextmark.com. 

The new invention evolves a feasible method for generating a highly targeted mailing list of potential customers. The methods are specially designed to suit the network-based prospect list services, which offer a prospect list to the direct marketers from a database over the Internet.   

For those marketers using "one-size-fits-all" list for their marketing campaigns, the new technique would make it easier to find the list of people who would appreciate and respond to their offer. Further, Joseph Pych, the President of NextMark adds, "With rising postage rates and waning tolerance of junk mail and spam, it's more important than ever to send your marketing promotions to recipients who welcome your offer."

As a Fort Lauderdale patent attorney, with a special interest in boat patents, I am always looking for interesting news relating to new boating patents, products, and software.  Fort Lauderdale patent attorneys are responsible for securing a number of innovations relating to this industry, and the city is a major yachting center, with 42,000 resident yachts and over 100 marinas and boatyards.  In fact, South Florida is home to the annual International Boatbuilders Exhibition & Conference.

Boat patents are especially important considering the invention of collapsible boat stature.  In the collapsible boat, the sections are styled in such a fashion that they may be stacked in order to ease transportation of the boat. More so, the boat encloses such a structure that its sections can be readily and easily assembled to become waterproof on being fully assembled, according to an article in www.freepatentsonline.com.      

The collapsible boat consist a number of sections including a stern section and a bow section. The said sections are adapted to be stacked in a nested assembly and transported. This means, each section for securing the said sections form end-to-end relation, forms a leak proof and rigid boat. This improvement comprises of a plurality of sections. Each of the said sections have side walls and end walls. Each of these sections has L-shaped bar extending laterally on one end adjacent top thereof from side wall to side wall. Further there is a second L-shaped bar on the other end of the said section extending laterally and adjacent the top.

As a Florida patent attorney, I am aware of a number of large firms in South Florida focusing on sophisticated time and attendance systems as well as a variety of other security products.  Patenting security products is important for inventions considering the competition in the market of security systems. Corporate Safe Specialists claim to be trailblazers in cash control systems and safes for restaurant and retail communities and were awarded a U.S. patent for their invention on April 26th of 2005

According to an article in www.send2press.com the invention is associated with process of using a control unit that would help in controlling an electronic lock on a safe. It includes all the steps essential for functioning of an electronic lock for the safe - receiving the signals send by the electronic lock from the computer and controlling the safe according to the response of the signals.

The security apparatus for controlling an electronic lock on a safe integrates an electronic lock contained in a safe, an input/output port attached to the electronic lock that receives signals from control unit and controls signal received at the input/output port.

This patented technology from Corporate Safe Specialists enables the user to control the electronic lock through a control unit. The safe can be unlocked with the help of electronic lock by computer. Moreover, a remote authorized user may control the electronic lock in the safe. Reiterating the merits of this invention Ed McGunn, President of CSS stated "This technology will dramatically increase control over safe input and output both onsite and remotely, saving manpower and providing management with an indisputable audit trail of transactions."

As a Florida patent lawyer, I make it a point to attend the JPMA annual tradeshow in Orlando, Florida regarding infant and baby products.  A number of Florida clients also attend this show and have an interest in emerging concepts like the Safety Bumper Pad.

This patented concept was invented by a mother, Terry Lyons, while working out a method that could furnish greater crib safety to her children, as has been referred in an article in www.freepatentauction.com. This product is known to offer greater safety features than most of the standard bumper pads available in the market and prevents potential hazards such as loose pads and ripped ties.     

The Safety Bumper Pad comprises interlocking outer pad straps that help to get rid of bumper pad ties, resulting in a safer and more reliable product. In addition, the product also features a fitted liner retention sheet, stitched around the entire bottom of the 4-wall bumper pad. This sheet enables a crib mattress to be placed inside securing the bumper pads in place, saving the baby from suffocation, injury, or entanglement while pushing out limbs. The Safety Bumper Pad's enclose the best features that parents could seek for their children and makes all this available at a considerable retail sales cost.

Patent pending invention, EZ Holder brings about a reduction in the respiratory hazards by doing away with the release of fibers into the air while ripping and tearing fiberglass according to an article in uiausa.com. The releasing of fiber happens due to any flexible material movement and material frustration when making an effort to cut. So, EZ holder is an excellent solution for the tearing of flexible materials while making an attempt to cut.

The EZ Holder design supports the knife blade longevity and prevents the damages caused to the surfaces that are being used for cutting on.

Any user can safely use the EZ Holder, as the cutting blade is totally enclosed. The unit permits the most efficient productivity and it requires no attachments or accessories for operation. The lightweight EZ Holder results in low shipping costs and freight. The invention consists a single mold for cost efficiency in manufacturing and at the same time is very rigid to reveal durability.

A ‘head’s up’ to those interested in patenting in the music industry. Woodstock Systems, LLC has reached patent pending status with breakthrough music sharing software Woodstock PDS. According to an article on www.send2press.com, the New York based software development company has created the first software that combines a full-feature media player together with secure Peer-to-Peer (P2P) file lending.

The software enables its users to play digital music easily, listen to thousands of the popular Internet radio stations, and transform their CD's into MP3's. At the same time, they can legally share their digital media files.

Mark C. Termion (Winfield, IL), Zhi Lu (West Dundee, IL), Eric C. White (Streamwood, IL) and Douglas B. MacDonald (Des Plaines, IL) have emerged with a simple and effective rowing exercise machine, which has been awarded the US Patent 7,226,397 recently.

According to anarticle in www.findthatpatent.com, the rowing exercise machine has a simple effective resistance mechanism, which replaces the resistive brakes typically used in the prior art. The resistance mechanism of the machine consists a