Florida Intellectual Property Law Blog

A Florida Patent Attorney's Suit of Armor: Integrity

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.

Florida Patent Attorney Sees More Evidence that Green is Good!

I'm interested in following patenting trends in every conceivable category, and I look for these all over the world, in the United States and especially here in Florida. Patent attorneys should be on the lookout in these days of rapid innovation. I've mentioned before that green living is a rising trend and everything I have recently seen in the news and all around me, suggest that it does, indeed, offer significant patent opportunities.

According to CNN's Technology section (Diane Hawkins-Cox, March 10, 2008), Hayden Hamilton is getting started with his GreenPrint software, which is designed to end "wasteful printing worldwide," offering consumers and businesses ways to reduce paper waste worldwide and right here in Florida. Patent attorneys, too, can trim down the volumes of patent related printed materials. Here's how it works.

When printing from the web, you've probably noticed that certain pages print with minimal information, such as only the URL or other information you don't really need. GreenPrint analyzes documents set for printing and automatically eliminates pages with little to no text on the page. Users set the parameters, and they can reselect or deselect whatever content they'd like; for instance, the "legal jargon at the end of an airline reservation." Hamilton reports that the "average employee prints about 10,000 pages a year" and that "20 percent" is unnecessary, making GreenPrint a significant means through which we can take less from the environment, and save a little money as well.

Is this patenting opportunity profitable? Hamilton admits that--that end is growing slowly. GreenPrint is free to consumers and available for license by corporations. However, this strategy may very well work out in the long run. Since GreenPrint debuted in late January 2008 "tens of thousands of people have downloaded the program," meaning awareness is growing. Moreover, there are a number of reasons businesses may utilize GreenPrint, primarily in my opinion: 1.) To save money in excess paper waste; and 2.) To curry favor with consumers increasingly interested in green living and interested in doing business with like-minded companies. (And, perhaps, some companies quite earnestly want to do their part in being environmentally conscious.)

Florida patent attorneys and those of you interested in innovation and invention would do well to consider the increasing interest in all things green. And, as always, if I can help I'm more than happy to do so!

Florida Inventors and Entrepreneurs Enjoying Healthy Snack Success

      As a registered Florida Patent Attorney, I enjoy reading about fellow Floridians achieving success via the fruits of their inspiration. This morning, I read about two such innovative entrepreneurs Daniel Schapiro and Nathan Feldman (Sun-Sentinel, March 10, 2008). The two friends are avid physical fitness buffs who found the available protein bars less than palatable.
    Despite the fact that Feldman was a chiropractor and Schapiro had a career in finance, they found a joint interest in creating a patently unique protein bar formula, and one that would whet the appetite, not squelch it. They formed , a Florida based company that makes "whey protein bit-size snacks targeted to active people of all ages, but primarily the serious athlete." They began night after night, after full days of work, creating different recipes in a local deli-grocer in Boca Raton, Florida. Patent attorneys, like myself, appreciate the dedication innovative entrepreneurs show in continued perseverance through obstacles, as the road to product development is one of trial and error, in most cases.
    One of the first hurdles for Feldman and Schapiro was figuring out how to use protein in baked goods. It wasn't as easy as they might have thought, so they brought in food science specialists to figure it out. Once they'd figured out a (hopefully) patentable formula, the pair went door-to-door to gyms, health restaurants/delis, sports equipment stores, etc. in search of distribution channels. For their first year in business in 2007, they earned $125,000; this year they project that number will increase to $500,000, a sizable jump.
    Being a Florida Patent Attorney, I see the critical investment inventors must make in bringing their goods to market. With diligent time and attention, dreams and visions can become a reality, and, as always, I'm here rooting you on.

Will Video Game Patent Holder Score $2 Billion?

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.

Are Phthalates on the Anti Patent List: One Florida Patent Attorney's Opinion

(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.

Samsung Patents Interchangeable Cell Phone Keypad

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.

Patent Revocation: A Significant Risk?

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.

Florida Patent Expo: Calling All Inventors!

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.

Eco-Friendly Patents: Major Companies Collaborating Towards a Greener Earth

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.

Patent Opportunity in Food-Based Plastics?

The next time you sit down to a full plate of potatoes or a few too many cobs of corn, you may want to save your leftovers. You never know what you might be able to do with them. Make a radio, DVD player, maybe even a cell phone cover. Patent opportunity or a pot full of nonsense?

Fujistu thinks it's the former. At the recent Consumer Electronics Show in Las Vegas, they displayed their third-generation Biblo PC, a regular computer--on the inside. On the outside, it's made of 50% "plant-based materials" (and 50% regular plastics). What Fujitsu has done is to take regular corn and process it down to corn starch, which they then transform into a polymer alloy. I came across this tidbit on Erica Ogg of CNET's news.com blog, which also reports that the manufacturing process reduces carbon dioxide emissions by 15%.

    Despite the increased costs in manufacturing the Biblo PC, it seems to me that--given the ever increasing interest in "green" living--Fujitsu is making a smart, strategic move here. I, for one, have seen an increase in the number of patents for products made with environmental integrity. Fujitsu's eco-friendly approach is likely to win the admiration and business of like-minded consumers, especially since they've kept the cost of the PC competitive against other non-green models.

    The Biblo PC hasn't reached the U.S.; it's only available in Japan at the moment. I'm wondering what "green" innovations inventors here in Florida might be able to patent? Think we could find a use for all those Florida coconut husks and orange peels? I'll be carefully following Florida patenting trends in this area over the next couple of years.

Croc's Design Patent To Be Invalidated?

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.

Patent Application filed by Apple for "Chameleonic" Keyboard

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.

Patent Protection Provides Long and Short Term Growth Opportunities

Here in Florida, elsewhere in the U.S., and abroad patents give businesses the platform they need for secure, profitable growth. Recently, this was seen clearly in Kansas by MGP Ingredients, which settled a patent infringement suit against Mars, Inc. in the amount of $8MM. MGP holds a patent for ingredients used to make a widely popular dog treat called Greenies.

According to CNN Money (January 2, 2008, CNN Money) Mars purchased the company who make Greenies and subsequently tried to end long term supply agreements with MGP, claiming they had "developed a new formula for the dog treats." MGP disagreed and took Mars to court, winning their $8 Million settlement. They've agreed to give Mars and the makers of Greenies a non-exclusive license to their patent, which provides an opportunity for ongoing growth for MGP. And, as news of the settlement hit the media, their stock prices rose 3.1%, a nice short term win as well.

About John Rizvi

John Rizvi is a founding partner of the law firm of Gold & Rizvi, P.A., a Florida based intellectual property law firm and has focused his practice exclusively on matters relating to patent, trademark, and copyright law for the past 12 years.

Additionally, for the past eight years, he has been an Adjunct Professor at the Nova Southeastern University Shepard Board Law Center where he teaches courses in intellectual property law and is the author and narrator of "Patent Protection: A Practical Guide for Inventors", part of an educational audio series produced to explain the nuances of the patenting process.

He is AV Rated by the Martindale-Hubbell Law Directory , the highest rating possible, and focuses his practice on the preparation and prosecution of U.S. and international patent and trademark applications, patent and trademark validity and infringement opinions, licensing, transactional support, and all aspects of intellectual property litigation.

Based upon nominations taken exclusively from other practicing attorneys, John was selected as a "2005 Best of the Bar" finalist by the South Florida Business Journal. He was previously selected as a "2004 and 2003 Best of the Bar" finalist and was one of only two attorneys recognized for expertise in the area of patent law.

John received his Juris Doctorate (J.D.), from the University of Miami School of Law, and has a Bachelor of Science degree, in Civil Engineering, from the Florida Institute of Technology. He is licensed to practice in both Florida and New York and is also admitted to practice before the United States Patent and Trademark Office in Washington, D.C. Additionally, he is admitted to practice before the U.S. Court of Appeals for the Federal Circuit, the Florida Supreme Court, the U.S. District Court for the Southern District of Florida, and the U.S. District Courts for the Eastern and Southern Districts of New York.

For questions or comments on any issues relating to intellectual property law, feel free to send an email to JohnRizvi@IdeaAttorneys.com or call John Rizvi directly at (954) 452-0033.

]]> Before establishing his own practice, John spent several years as a Registered Patent Attorney at the internationally renowned intellectual property law firm of Fish & Neave in New York City (now merged with Ropes & Gray LLP). The firm has been retained by Thomas Edison, Henry Ford, the Wright Brothers, and Alexander Graham Bell when they desired protection for their pioneering inventions and made history again in 1992, by procuring a $972 million dollar judgment against Polaroid for patent infringement. To date, this remains the largest patent infringement judgment in history. During his tenure, John enjoyed a multifaceted litigation and prosecution based practice dedicated to providing clients with effective legal barriers to competition through the application of patent, trademark, and copyright laws.

He has written a number of articles on intellectual property and is regularly featured in the press as a recognized expert on issues relating to patent and trademark law. He is a member of the Licensing Executives Society, the American Intellectual Property Law Association and the New York Intellectual Property Law Association.

Prior to becoming an attorney, John worked as a Registered Patent Agent at the Miami office of Malloy & Malloy, P.A., a Florida based intellectual property law firm and also practiced as a consulting engineer focusing on structural systems, engineering, and foundation design. He is a past college president of Chi Epsilon, the Civil Engineering Honor Society and a member of Tau Beta Pi, the national engineering honor society.

Contact Information

John Rizvi, Esq.
JohnRizvi@IdeaAttorneys.com

Gold & Rizvi, P.A.
The Idea Attorneys ®
600 North Pine Island Road - Suite 450
Ft. Lauderdale, FL 33324-1311
(954) 452-0033

Click here for other office locations.

Florida Innovation Showcase 2008 Will Unveil Tomorrow's Patented Technologies

Mark your calendars for March 19 - 20 as Orlando will host the Florida Innovation Showcase 2008. See tomorrow's big ideas in technology innovations and research and mingle with other budding inventors. This is a great idea to see what's on the horizon in innovation, particularly in the area of Laser and Optics technologies, which will receive a special emphasis.

Hosted by Florida's Research Consortium, a nonprofit strategic partnership between Florida's universities, businesses, and government, the conference will be held at the Orlando World Center Marriott Resort. For more information, visit iCoast.com. Enjoy it if you go, and maybe I'll see you there.