Litigation Quality Patent PatentCast

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EPISODE 32 - The Examiner Whisperer - LifeScan v. Shasta Sep 18, 2014

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In this episode of the Litigation Quality Patents® Podcast, find out how manufacturers can get the wrong patent protection for anything from Keurig coffee makers to glucose meters. For the second time this year, things get exhausted again! The Federal Circuit finds a patent on a machine that uses a highly profitable, but unpatented, consumable and disrupts the business model of the patent owner. Craige explains that if you plan to give away a patented machine to make money on selling the consumables, watch out for patent exhaustion.

Litigation Quality Patents® Podcasts

The Litigation Quality Patents® Podcast, hosted each week by Craige Thompson (a.k.a., "The Examiner Whisperer") contains substantive discussion designed to keep you current with what's going on in the world of patents, encompassing everything from patent prosecution and re-examination to patent licensing and litigation.

EPISODE 31 - The Examiner Whisperer - Ohio Willow Wood v. Alps Sep 16, 2014

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In this episode of the Litigation Quality Patents® Podcast, Craige helps you pull out some Litigation Quality Patent® practice gems from this case on the topics of the limitations of objective indicia of non-obviousness, and how to toss a grenade to a patent owner during an ex parte re-examination!

Litigation Quality Patents® Podcasts

EPISODE 30 - The Examiner Whisperer - Synthes v. Spinal Kinetics Sep 16, 2014

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In this episode of the Litigation Quality Patents® Podcast, claims are torn apart when the patent owner tries to stretch them too far to reach a competitor's product. Even when a patent discloses a groove in a plate, the patent owner can't always cover a product that has a hole in the plate, at least not in this medical device. Craige offers help by drawing lessons about written description - especially how a few minutes of quality thinking on the front end can make a patent either a boom or a bust.

Joining the conversation this week are Dr. John Leighton, associate attorney with Thompson Patent Law, and Richard Bragg, a patent attorney practicing in the Minneapolis area.

Litigation Quality Patents® Podcasts

EPISODE 29 - The Examiner Whisperer - Ibormeith v. Mercedes Daimler Sep 15, 2014

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In this episode of the Litigation Quality Patents® Podcast, the decision by the Federal Circuit puts an end to a patent case that survived re-examination and was brought by the Niro firm which is renowned for representing clients that some call - affectionately or otherwise - "patent trolls." Craige examines a "Mercedes" defense to means plus function claims directed to waking up sleepy drivers! The luxury car makers snuffed out a claim as indefinite because the inventors tried to make it all things to all sleepy drivers.

Joining the conversation is Michael Heinrich, a patent attorney practicing in the Minneapolis area.

Litigation Quality Patents® Podcasts

EPISODE 28 - The Examiner Whisperer - Keurig v. Sturm Foods Sep 05, 2014

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In this episode of the Litigation Quality Patents® Podcast, discussion bears on any consumer product with a consumable or disposable member to it. But why did a company bring suit for inducing infringement instead of asserting their patent rights directly? Maybe because their patents were dubious or too narrow to begin with. They lost...through an interesting combination of the principles of patent exhaustion and the type of claim they tried to justify.

Guest-hosting this episode for a traveling Craige is Dr. John Leighton, associate attorney with Thompson Patent Law. Joining him is special guest Mike Heinrich, an attorney and consultant in Engineering and Intellectual Property areas.

Litigation Quality Patents® Podcasts

EPISODE 27 - The Examiner Whisperer - Rambus v Rea Aug 04, 2014

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In this episode of the Litigation Quality Patents® Podcast, Craige talks about a case where the Patent Office, in an Inter Partes re-examination, rejected a technology patent by correctly construing most claim terms but improperly ignoring evidence of industry praise and licensing. The federal circuit reviewed the case and upheld the anticipation rejections, but reversed the obviousness rejections. This federal circuit decision continued the trend of emphasizing the importance of objective evidence of non-obviousness.

Craige's special guests are, Richard Bragg, a Patent Attorney practicing in the Minneapolis area, Mike Heinrich, an attorney and consultant in engineering and intellectual property areas and Dr. John Leighton, an associate attorney at Thompson Patent Law.

Litigation Quality Patents® Podcasts

EPISODE 26 - The Examiner Whisperer - Network Signatures v State Farm Nov 18, 2013

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In this episode of the Litigation Quality Patents® Podcast, a patent owner fails to pay a maintenance fee on time and then gets a call from a potential licensee. Can the patent be successfully revived? Today's case recently happened, resulting in a patent attorney getting slapped with a charge of inequitable conduct, for filing a petition for revival due to unintentional delay. Craige offers help, explaining a system the patent owner can use to safely manage a portfolio. He also explains the best practice for patent attorneys to avoid the pain and litigation expenses resulting from charges of inequitable conduct.

Craige's special guests are, Richard Bragg, a Patent Attorney practicing in the Minneapolis area and Dr. John Leighton, an associate attorney at Thompson Patent Law.

Listen to the Podcast:

EPISODE 26 - Network Signatures v State Farm - Oct 3 2013

Litigation Quality Patents® Podcasts

EPISODE 25 - The Examiner Whisperer - Skinmedica v Histogen Nov 18, 2013

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In this episode of the Litigation Quality Patents® Podcast, discussion concerns claim construction. Patent litigation is often won or lost in claim construction. The use of a single phrase or even a single word, can turn the tables for or against you. Today's case is a prime example because in a split decision, with the Chief Justice dissenting, the federal circuit reached for a narrow claim construction. Craige talks about how patent specifications can be made clear and unambiguous so to avoid expensive and unnecessary fights over claim construction, as seen in this battle.

Listen to the Podcast:

EPISODE 25 - The Examiner Whisperer - Skinmedica v Histogen - Sep 26 2013

Litigation Quality Patents® Podcasts

EPISODE 24 - The Examiner Whisperer - Pronova v Teva Nov 08, 2013

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In this episode of the Litigation Quality Patents® Podcast, do you want to know how to do your claim to a patent? Try sending samples of a product before the patent gets filed. Today, Craige examines the case where an invalidating public use, sent this fish oil patent into cardiac arrest.

Craige's special guest is, Tawfiq Ali, an experienced business litigation attorney with the Ali Law Practice in Chicago.

Listen to the Podcast:

EPISODE 24 - The Examiner Whisperer - Pronova v Teva - Sep 19 2013

Litigation Quality Patents® Podcasts

EPISODE 23 - The Examiner Whisperer - Ex Parte Antor Media Nov 08, 2013

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In this episode of the Litigation Quality Patents® Podcast, Craige warns patent owners facing reexamination procedures to beware of picking the wrong patent counsel! As you're about to hear, choosing counsel lacking experience in overcoming obviousness rejections, in a post KSR world, is a recipe for disastrous consequences. Craige also offers Litigation Quality Patent tips and guidance on how patent owners can check out the capabilities of their reexamination counsel.

Craige's special guest is Richard Bragg, a Patent Attorney practicing in the Minneapolis area.

Listen to the Podcast:

EPISODE 23 - The Examiner Whisperer - Ex Parte Antor Media - Sep 12 2013

Litigation Quality Patents® Podcasts

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