Industrial IP

Parts I and Part II of this series included discussions related to obtaining and enforcing patent protection issues in the IoT space, and examples of how to structure claims to avoid Alice rejections.  In Part III of this series, we will look into the current landscape and major players in the IoT space, with particular emphasis on autonomous vehicles, in an effort to illustrate opportunities for intellectual property protection.  Specifically, we look at new developments in the IoT space related to licensing opportunities for IoT-based technologies.             As mentioned in Part I of this series, a major aspect in the IoT space involves vehicle to vehicle (V2V) communication and/or vehicle to infrastructure (V2I) communication.  As a specific example Gartner Research has recently forecast that new vehicles equipped with data connectivity will increase from 6.9 million per year in 2015 to a total cumulative...

Has innovation in renewable energy been slowing down? Patents are a unique indicator for technology development.  They are one of the most accurate and timely resources for estimating the trend of development in a technical field. Global warming and environmental pollution call for clean technology to provide affordable alternative energy sources, as well as reduced carbon emission.  There is speculation that the drastic policy changes of the Trump administration and Congress might reduce innovation in cleantech, which could be evidenced by the decreased number of cleantech patents granted by the USPTO since 2014. Since the patent filing process generally experiences a time lag of around two years, the drop in the number of granted patents is more likely the result of a decreased number of patents filed around 2012-2013.  IRENA (International Renewable Energy Agency) data shows that 28,282 renewable energy patents were filed in the U.S. in 2012, while 18,311 were f...

In the current trend toward zero-emission, hydrocarbon-free forms of transportation, focus has primarily been on light passenger vehicles given the longer-haul nature of most heavy duty vehicle duty cycles as well as the high amounts of torque required for such heavy duty vehicles.  However, recent advancements in technology as well as higher customer demand for electrification is pushing some heavy duty vehicle manufacturers to explore hybrid and all-electric powertrain options.  One sector of the heavy duty vehicle market that is particularly attractive for hybrid or electric powertrains is delivery trucks and other in-town vehicles that have smaller torque requirements and typically include low mileage duty cycles, such as garbage trucks.  To this end, multiple companies, including Volvo and Daimler, have introduced all-electric heavy duty vehicles intended for short-range deliveries; Motiv Power Systems is building electric powertrains for garbage trucks. There are...

In the first part of this three-part series on issues related to obtaining and enforcing patent protection issues in the IoT space, we touched on circumstances related to divided infringement, and subject matter eligibility.  In this second part, we continue the discussion related to subject matter eligibility, by providing some examples of how to structure claims to avoid invoking rejections based on claims directed to an abstract idea, and provide examples of strategies to potentially overcome close prior art references.              As an example, there may be cases where an examiner may deem an IoT-based concept patent-ineligible due to prior art in which a non-IoT sensor of sorts is utilized in some fashion to accomplish a similar goal as the stated goal of the IoT-based concept.  In other words, if a certain concept is already known that uses a non-IoT sensor, it may be challenging to assert novelty where an ...

Autonomous vehicle technology has the potential to profoundly alter transportation as we know it.  Aside from a fundamental sea change in the public’s perception of transportation in general, autonomous vehicle technology has the potential to alter the makeup of roadways by enabling an easing of traffic congestion due to vehicles being able to travel more efficiently and closer together, to promote safer car travel, and to potentially reduce carbon emissions if combined, for example, with electric technology. In an industry with so much potential, there are of course innumerable opportunities for development of intellectual property portfolios related to autonomous vehicles.  The focus of today’s post is to emphasize that in such an industry with so much potential, it is important to think outside the box in search of new ideas and strategies.  As an example, consider a recent patent (US 9340178 B1) granted to Google, which aims to reduce “secondary impact” in a situatio...

Like any emerging technology, entrepreneurs and companies developing applications in the IoT space will seek patent protection for their inventions.  However, obtaining strong patent protection in the IoT space presents unique challenges.  For example, where do you focus protection? Consider an example regarding the emerging technology of autonomous vehicles.  Such vehicles may rely heavily on IoT technologies, including vehicles equipped with IoT-enabled sensors capable of reporting on various variables such as vehicle position with respect to other vehicles and obstacles, environmental parameters which may be utilized to control aspects of vehicle controls, etc.  Furthermore, autonomous vehicles may utilize IoT-based information to assist in navigation, including IoT sensors located at strategic positions on a smart highway, in a smart city’s traffic-control architecture, etc. The inherent difficulty in obtaining patent protection thus lies in that it is likely...

In a ruling issued April 4, 2017, the Federal Circuit has upheld a PTAB decision to invalidate claims 1-5, 10-19, and 21 of patent 5,602,524 to Wasica Finance GmbH and Bleuarc Finance AG (the ‘524 patent).  The ‘524 patent is related to a tire pressure monitoring system where pressure data received from respective pressure measuring devices are sent to corresponding receivers with corresponding, unique identification signals that specify the original transmitter.  The Federal Circuit found that the claims were anticipated by Italian Patent No. 1,219,753 (“Oselin”) and/or obvious over Oselin and various secondary references.  Oselin discloses vehicular systems for monitoring tire pressure.  The crux of the asserted differences between the claims of the ‘524 patent and Oselin lied in the construction of the claim terms “pressure measuring device,” “electrical pressure signal,” and “pressure transmitting signal.”  Therein, Wasica asserted Oselin failed to disclos...