Patently-O Bits & Bytes


By Lawrence Higgins

Upcoming Events:

  • Licensing Executives Society will hold its winter meeting in San Jose from February 10-11. Speakers include Damon Matteo, Nola Masterson, and Bruce Lehman. Patently-O readers get $200 of the registration rate by using code PO11. [Link]
  • Practising Law Institute (PLI) will hold its 5th annual Patent Law Institute in New York from February 17-18. Deputy Director Sharon R. Barner will deliver the USPTO keynote address. [Link]
  • The Texas Intellectual Property Law Journal will host its 12th annual Intellectual Property Symposium on February 18th in Austin. [Link]
  • The Missouri Law Review is hosting a Symposium on February 25th in Columbia Missouri about the patent jurisprudence of the Court of Appeals for the Federal Circuit. We’ll have a number of great speakers, including USPTO Director David Kappos. [Link] (Free event and free CLE).
  • 13th Annual Richard C. Sughrue Symposium on Intellectual Property Law and Policy will be held in Akron on March 21. Guest Speakers include Donald Chisum, Judge Paul Michel, and Marybeth Peters. [Link]

Johnson & Johnson loses patent infringement suit

  • A jury in Texas has ordered J&J to pay $482 million to inventor Bruce Saffran for infringing his patent. Saffran’s patent # 5,653,760 [Link]was for a cardiac stent, which is used after heart surgery. Saffran previously won a $50 million settlement from Boston Scientific for infringing the same patent. [Link]

Virginia State Bar IP Section Law Student Writing Competition

  • The Virginia State Bar Intellectual Property Section is seeking papers written by law students who are attending law school in Virginia or are residents of Virginia attending law school outside of Virginia relating to an intellectual property law issue or the practice of intellectual property law.  The winner receives a cash prize of $4,000. [Link]

Apple Patents Glove for Use with Electronic Devices

  • Apple has been issued a patent for what they call a “High tactility glove system”. Patent # 7,874,021 states that this glove may be used with an electronic device in cold weather, since regular gloves do work well when using devices like the iPod. [Link]

Sharp files patent infringement suit

  • Sharp filed a patent infringement suit against Au Optronics, in regards to crystal display (LCD) technology. The companies had a license agreement which expired on December 31st; Sharp wishes to block sales and imports of products that infringe the patent. [Link]

Patent Jobs:

  • Euro-Pro is seeking a patent agent with an engineering background and 3-5 years experience. [Link]
  • Roberts Mlotkowski Safran & Cole is looking for an experienced patent attorney with a chemical/chemical engineering degree to work for its Virginia office. [Link]
  • Ice Miller is seeking a patent attorney with an engineering background and 2-4 years of experience. [Link]

27 thoughts on “Patently-O Bits & Bytes

  1. 27

    OK, I normally love Apple products, but its glove patent sounds pretty ridiculous. Wouldn’t it seem to make more sense (and be less complicated) to invent and patent a means of improving the input mechanisms of electronic devices so that they could more readily detect pressure from glove-encased fingers?

  2. 25

    “Why? An on-sale article is 102(b) art, which I’m pretty sure also qualifies it as 103(a) art.”

    Because waiting for your analysis lulz (aka JD) is a tard and doesn’t realize that I’m talking about a bar dated reference as opposed to an actual 102b. That’s why.

    “Besides, cutting holes in the fingertips of the gloves from that website, even if an obvious modification, wouldn’t result in the invention of claim 1 of Apple’s patent.”

    Maybe, maybe not. It depends on what they used in the liner. But cutting holes in the patent reference I provided sure would.

    Like I said, I only spent like 5 minutes tardface I’m not making this case my personal mission.

  3. 23

    and would have to be identical to the gloves as recited in claim 1

    Why? An on-sale article is 102(b) art, which I’m pretty sure also qualifies it as 103(a) art.

  4. 22

    I would love to see your analysis of how the gloves from that website infringe claim 1 of Apple’s patent. Please do us all a favor and provide us with your lulzful analysis.

  5. 21

    In order to be an invalidating on sale bar, gloves from that website would have to be prior to Apple’s critical date, which you don’t have any evidence of, and would have to be identical to the gloves as recited in claim 1 of Apple’s patent, which they are not as evidenced by your admission that “perhaps” somebody might cut a hole in them. Besides, cutting holes in the fingertips of the gloves from that website, even if an obvious modification, wouldn’t result in the invention of claim 1 of Apple’s patent.

    Pretty poor effort on your part. But then again you are an Order of the Coif graduate of the Malcolm Mooney school of law, so I guess we shouldn’t expect too much of you.

  6. 19

    I haven’t done a detailed (longer than 5 minutes) analysis but here’s a little something something that, with a few intended use limitations and some holes cut into the fingertips might be relevant. Especially if one notes that perhaps an artist might want his fingertips exposed for greater control and thus might cut a hole in them. (my dad has been known to do this which is why I bring it up)


    Note though, I do not comment on the “validity” of their patent, though as far as I know it is “presumed valid” by law.

  7. 18

    That was quite a little cluster at naples community hospital several doctors moved to south america Possibly angio ,trauma centers , heart centers ,med flights ,glass elevators likley a few other items.This system works pretty good ping.

  8. 17

    Ya dont want to throw down with me, my main man – Iza got Nazguls on the leash that would eat you alive.

  9. 16

    Ya this one is not much just a reply button and art work its probably by a new reply method in one of my comments. Also I created business linkups that facebook is using to create billions without paying is there an attorney in the house.

  10. 13

    Iza bet that Mikey be responsible too for inventin this horrible comment system that the Big D is using.

    C’mon, Mikey, cantcha do a better job?

  11. 12


    I suspect the latter” – You be engaged in wishful thinking.

    The language of “failing to keep pace“, and “close the innovation performance gap” clearly indicates that you be behind and falling further behind.

    It be easy to see why you are still confused on this – I done told you – and you done not complete the homework assignment of why the US be the Gold Standard. And just as clearly is seen that your usual comments be geared against what is clearly your competition (and that competition that obviously is eating your lunch).

  12. 10

    A question: Take the jurisdictions mentioned by the European Commission, the USA and Japan. Do they make confident pronouncements that their “approach to research and innovation” beats the pants off the Europeans? Or do they instead (and just like the Commission) urge that their “approach to research and innovation” must get better, in order to stay ahead of their ever more competitive main competitors?

    I suspect the latter.

    Which makes them no different from the EU Commission (any academic has to publish regularly,to justify its existence and keep itself in the public eye).

    Considering that the EU is a collective of more than 20 sovereign States, it is a wonder it can make progress at anything. But it does, sometimes.

  13. 9

    The johnson and johnson settlement with saffron was my original invention conception also I believe It was a job loss intimidation or physical injury threat senerio when I was remodeling naples community hospital in 1995.

  14. 8

    Hmm, no wonder why my pal Maxie has been absent for a while, from: link to

    The European Union is failing to keep pace with key competitor nations and is in need of a radical new, greatly simplified, approach to research and innovation, the European Commission said on 1 February. And an element of what is needed is a European-wide patent.

    Europe needs to do more to close the innovation performance gap with its main competitors, the United States and Japan, according to results of a recent official study on EU innovation

    And Maxie, closin the gap dont mean making the US patent weaker.

  15. 7

    Claim 1 of Apple’s glove patent recites:

    1. A multi-fingered glove for use with an electronic multi-touch sensitive device, comprising: an inner liner configured for individually covering a plurality of fingertips; and an outer shell including an aperture formed at each of a plurality of individual fingertip locations on the outer shell, the apertures operative to allow a plurality of inner liner-covered fingertips to protrude from the outer shell and contact and operate the multi-touch sensitive device; wherein the liner comprises at least a portion of electrically conductive material.

    Here’s an idea genius, why don’t you provide us with your analysis of how the gloves of marching band players having the tips cut off invalidates this claim.

  16. 6

    Great, we got band f_, oops, band geek with us.

    Iza pretty sure that the band geeks may have had that element of fingerless gloves, but the claim, as a whole needs more, no? Iza pretty sure that the nowheres in the whole of band-geek glove prior art there be conductive liners in those gloves.

    But for chuckles, lets go with:

    link to

    My main man,

    I thinks the Eskimo be way over the top, but another way of looking at it is that KSR is a symptom, not the disease. The disease be Judicial Activism – the Supremes dippin in the kool-aid (as it were).

  17. 5

    “Umm… marching band players cut the tips of their gloves off all the time for holes in instruments that don’t get covered too well with a glove.”

    A home-made solution like that is very unlikely to come to the attention of a PTO examiner in the course of his searches.

    However, it’s exactly the sort of thing that would come up in litigation. At which point Gene would do an about-face and complain that KSR has ruined the world forever.

  18. 4

    According to Gene Quinn on the Apple patent:
    “what was invented was a glove with openings at the top of the index finger, middle finger and thumb so as to allow skin to actually be able to touch the screen of your iPhone, iPad or iPod.”

    Umm… marching band players cut the tips of their gloves off all the time for holes in instruments that don’t get covered too well with a glove. I suppose it’s non-obvious to apply that to a iPad…

  19. 1

    If the Missouri Law Review hasn’t yet selected a title for its CAFC patent jurisprudence symposium, I direct their attention to the following patently-o thread for suggestions:

    link to

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