by Dennis Crouch
Shamoon v. Resideo Technologies, Inc., No. 2021-1813 (Fed. Cir. Aug. 8, 2023) (opinion by Judge Newman; joined by Judges Reyna, and Cunningham) (non-precedential)
Charles Shamoon is the inventor and owner of U.S. Patent No. 8,064,935. The patent relates to a remote access system that allows users to monitor and control “environmental devices” like alarm and HVAC systems in their home using a base control unit and a remote unit. Resideo challenged the patent in a pair of IPR petitions, and the PTAB eventually found the challenged claims unpatentable as obvious over a combination of two/three prior art references.
On appeal, the Federal Circuit affirmed and rejected Shamoon’s three challenges.
The claims require a microcontroller, and Shamoon argued that the term should be construed as requiring a particular type of microcontroller that included certain memory elements. That narrowed definition might have helped Shamoon avoid the prior art. But, the Federal Circuit upheld the PTAB’s broad claim construction of “microcontroller” — finding that it was broadly used both in the claims and the specification.
Some of the claims required a confirmation message be sent once an instruction had been executed, and Shamoon argued that the prior art failed to teach a confirmation message related to an environmental device command. On appeal though, the court found that it was proper to combine the teaching of a confirmation message from a reference not related to environmental devices. “Because Oinonen and Whitley disclose the environmental devices and commands, it does not avail Mr. Shamoon to complain that Menard does not.” Slip Opinion. Shamoon’s argument here
Finally, Shamoon argued that applying AIA proceedings to his pre-AIA patent was impermissible taking by the United States without just compensation, in violation of the Fifth Amendment. The court quickly rejected this argument based upon its prior precedent in Celgene Corp. v. Peter, 931 F.3d 1342 (Fed. Cir. 2019) (“retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.”).
“They seem to have deluded themselves into thinking that the report is unreliable”
Happy to be wrong here, but that sounds like a species of the genus “ways to avoid the issue”, although yes it may be a little more serious than other ways of avoiding the issue.
In any event, the more I read about it, the more likely it seems to be the mere delusional disorder (which is actually good as the prognosis to emerge from it is like 50/50 if you go and play nice in treatment). Elderly much more prone to it. Stress often brings it on. And it quite often brings on legal issues (as it is more difficult to tell what is happening than with schizophrenia, which would be referred to doctors etc. and not legal action, further explaining why nobody in her day to day is noticing what is happening explicitly). Delusional disorder doesn’t usually significantly affect a person’s daily functioning, but the severity of the delusion may gradually get worse. Most people with delusional disorder can remain employed as long as their work doesn’t involve things related to their delusions. And finally it is underdiagnosed.
My great grandmother’s second husband was universally loved by everyone who knew him. “Nicest guy ever” was all you ever heard. Then when he was in his early eighties the Alzheimer’s started. Soon enough comes the day when he’s stalking around the (totally safe) apartment with a butcher knife to protect it from “prowlers”. At that point it’s a safety issue for everybody, including himself. It’s not the most graceful or classy way to exit “society” (as most of us know it) but, alas, also not that rare.
Clearly, that is not present here, given the testimonials of MANY who have been dealing with Judge Newman on a personal basis (those without an ax to grind, mind you).
“Clearly, that is not present here, given the testimonials of MANY who have been dealing with Judge Newman on a personal basis”
You do understand that when his granddad went to the grocery store (or if he was still employed) he didn’t actually do the knife thing right? And all the people he talked to in the grocery and/or his job didn’t have anything “bad” to say about him.
Obtuse. Is it deliberate?
How is pointing out how things play out irl with people with various conditions and/or disorderings of their lives and the lives around them “obtuse”?
It is obtuse because my comment was clearly NOT about Malcolm’s situation but instead about Judge Newman.
That’s a distinction of a critical difference.
The the old timer’s is truly a menace to us all, as we can all end up that way. Thankfully there are some small advances being said to likely be being made nowadays with the plaque and the recognition that at least some old timer’s might be just another form of diabetes. Sorry to hear about that with your 2nd granddad, hope they got him all sorted out best possible.
“ Shamoon argued that the prior art failed to teach a confirmation message related to an environmental device command. ”
Lawyers liberally licking the latrine. The facts don’t help, the law doesn’t help, so nothing left to do but pull down one’s pants all the way down to the ankles and show the entire behind. See what good boys we are?
Sure, the art has a million examples of computers sending confirmation replies in a billion different contexts. But this is an “environmental device” which is an utterly meaningless distinction given that the computer operates the exact same way. Oh but wait! This is an environmental device on a hill. Oh but wait this is an environmental device on a hill with at least one exposed granite rock. Oh but wait this is an environmental device on a hill with at least one exposed granite rock and at least one bird dropping. Oh but wait the hill is in a state whose name includes the letter “I”. Oh but wait the confirmation message includes a surname. Oh but wait the confirmation message includes a surname and an alert signal such as a beep. Oh but wait you can also sign up for a chance to win big prize money. Oh but wait the prize money will be automatically deposited into an account. Oh but wait the account uses an encryption method with a verification code. Oh but wait we are just getting started and how dare you raise a 101 objection when all sides have not listened to our expert testimony regarding hillside bird droppings.
George Carling would curse this filter…
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August 10, 2023 at 6:49 pm
rail on and on vis a vis prior art type concerns, and then v0m1t in there a 101 comment….
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Get a life , burgler!
That comment is for the hemmorhoidal MM.
I’m glad it raised its head because I was not aware of it (legally poor though it may be).
It came up awhile ago – in view of some discussions on whether or not the AIA induced a Takings situation (approximately in the wake of the Oil States case).
I hadn’t realized that IPRs were being instituted against pre-AIA patents.
You want to know something interesting? I doubt that it is possible for an IPR to qualify as a taking, but it seems that we will never find out, because no one has the wit to bring a challenge in a procedural posture that could actually succeed.
So far, every last person who has challenged the AIA on “takings” grounds has done so in an appeal from the PTAB. The idea seems to be that they want the AIA to be ruled unconstitutional on takings grounds.
But, of course, the problem is that statutes do not get struck down as unconstitutional on takings grounds. The remedy for a taking is that the government must pay just compensation, not that the statute gets struck down.
In other words, if you want to bring a takings challenge, you need first to sue the government for compensation in the Court of Federal Claims. Not one of these “takings” challenges so far has been brought in an appeal from the CFC.
Until someone actually decides to present an appeal to the CAFC on this issue in the correct procedural posture, we will never get an actual ruling on this point. Somehow, however, the folks who want to raise this issue seem never to concern themselves with a thought about the procedural posture of the appeal that they are bringing.
Christy, Inc v. United States Case No. 1:18-cv-00657
Sorry. You mean appeal a case like Christy to the CAFC. Got it.
Of course! Christy, Inc. v. US, 971 F.3d 1332!(Fed. Cir. 2020). How could I forget that one. Thanks!
Celgene rears its (rather legally p00r) head….
Like In re Nuijten, there simply are patent cases that defy the real world and are so p00rly reasoned in a legal sense, that somebody ought to challenge the grounds of a decision any time the case is used.
Anon, you or NWPA taking me up on newman have schizophrenia? 1000$ easy money if you truly don’t think she does, it’s like 1% prevalence among general pop.
Meh, as neither of us will choose to be outed in order to collect, the offered bet (from the collection side) is a little silly.
How about this instead:
Loser makes a donation to the charity of choice of the winner in the name of the winner (plus “of Patently-O”).
I’m thinking $1,000 or $500.
Why would I want to bet on that? Newman is like Rich in that she understands patent law. I’ve spoken to Newman personally and listened to her speak a number of times. She seems fine to me. But I don’t know her well enough to bet on something like that.
How would one settle that wager, anyway? No matter how the suspension process goes, it is vanishingly unlikely that it will end with an announcement “Judge Newman has not been diagnosed with…” or “… has been diagnosed with… .” There would be medical privacy issues in making that announcement without her consent.
The post saying “yeah it’s not always” was to NWPA. Anyway, for greg, yes greg, you are right, we will have to establish some decent win conditions. I think they should be generous in my favor due to the obvious problems in verification (and due to the seeming overwhelming odds “against me” that some people will be tricked into accepting).
I would ask if it be possible, either explicit confirmation of her having it (unlikely as mentioned), or her settling the proceedings by being granted a reasonable accommodation (perhaps taking senior status as well), she gives up (likely when confronted with it obviously being a disordering of her lived experience and of those around her), or she somehow gets kicked out due to “medical disability” etc. without them providing an explicit reason that isn’t schizophrenia (we’ll know it’s some condition, and I’ll ask it generously be given on account of the large odds agin me, but we can discuss). You guys could also spot me schizoaffective disorder and/or delusional disorder. Friendly reminder: Judge newman: “they haven’t been treated as badly” and “*redacted* is not to be trusted” (“People with this type of delusional disorder believe someone or something is mistreating, spying on or attempting to harm them”). Can suggest otherwise.
If she just fights it to the death and ends up just getting fired/perma “suspended”, or her actual death occurs, etc. then we’ll call it on “account of rain”.
The taker can specify what they want as win condition, and we’ll see if we can agree, but I will suggest something along the lines of, at least for the clearest win, she fights and wins and goes back to just everyday serving on the court and/or is fully cleared etc., she fights and has the eval, and is cleared and the court accepts it without any reasonable accommodation imposed etc. (no senior status etc). Again can suggest otherwise.
Anon thinks 1k, or 500 since he’s poor, and to charity, but he’s worried that I would “know who he is” (Spoiler, I already know, and probably know who NWPA is as well, it’s just that nobody cares). I suppose that is fine, will have to post receipts.
Obviously perhaps the most likely outcome is called on account of rain as she may well die before all this shakes out.
Oh, and I forgot to mention to NWPA, you’d bet for the ez money. 😉 , you know, if it is in fact ez money.
Oh and, I didn’t realize this till just now, chances that is actually just delusional disorder rather than schizophrenia are quite higher than I thought. This being because delusional disorder typically begins in mid or late life, whereas schizophenia typically begins in early life. So, yeah, I’m going to have to ask that that be lumped in to my win condition if possible, as even though it usually is schizophrenia, since this is late onset it seems much more likely that it is just delusional disorder, perhaps mixed with dementia/alzheimer’s.
I don’t get why you are talking about this 6.
It seems unseemly to me to talk about J. Newman like this.
She is an honorable person.
“I don’t get why you are talking about this 6.”
Because there is super huge evidence of those around her having had their lives significantly disordered? And at least some evidences of her life having been somewhat disordered as well? And that this appears to be all because she “didn’t trust” some clerk (who remains well trusted in your federal gov) because she thought he was out to get her/get her stuff/spy on her etc. That’s either a symptom of schizophrenia, or what’s known as a “delusional disorder”.
“It seems unseemly to me to talk about J. Newman like this.
She is an honorable person.”
Bro, of course she is. It’s very old school thinking on disorders (disorderings of your lived life experience and that of those around you) to believe that would make her a bad/dishonorable person if she developed a disorder or schizophrenia. You gotta get like the kids these days and accept them for what they are, and they are not something that makes you a “bad/dishonorable person” (usually, anyway, and certainly not in this instance). My having one from when I was a kid does not make me a bad person or a dishonorable person (though my mercilessly trolling MM and leftists may to some people).
So…..
(though my mercilessly trolling MM and leftists may to some people)
– are you saying that you have a disorder…?
“are you saying that you have a disorder…?”
I told you like half a year ago or a year ago I figured out I had schizoid disordering of my life experience and slightly of those around me. And have had it my whole life after like age 4 probably. Tis why I troll MM and leftoids, and why I flit from woman to woman and a hundred other things besides. Tho I’m secrit/”covert” schizoid, not the “normal” kind of schizoid. That is to say, I’m well “masked” even without trying to and intending to. Let me just say, most of the stuff you see online doesn’t really scratch the surface of what is actually happening and is very misleading as to the condition and what it actually is, should you google it.
repost:
link to reddit.com
Well 6, thank you for confirming your admission – that’s a big step for you (for anyone).
That being said, you turn and fall to the trap of projecting to others your own personal situation.
There is simply no basis for you to do so, and in this error, you emulate the people that you yourself tr011 (Malcolm, in particular).
As much focus as you have applied to yourself, you need to recognize that others ARE different — and different along a complex spectrum. Take yourself out of the analysis of this situation. Others deserve better than that.
“ I think they should be generous in my favor”
Where is my meme of that little kid in the car-seat going, “Um B u 1 1 $hit” over and over again….?
So, having wagered her to have schizophrenia, you want to be declared the winner if she leaves or is removed from office. Why would you even bother posting such absurd conditions? Are you hard up because the day trading went badly and you realized Vidal’s pay raise is vaporware?
Yeah it’s not always in your face. Might also be sub-clinical (the symptoms and behaviors doesn’t normally dis or der her life that much).
The issue, which you and anon are avoiding, is the big report that just came out detailing in depth the dis orderi ng of the lives of people around her due to her persecutory delusion.
They aren’t “avoiding” the issue. They seem to have deluded themselves into thinking that the report is unreliable because, hey, the rest of the CAFC judges are just super jealous of Newman’s brilliance and want to get rid of her by any means necessary. If only another circuit, like the 5th circuit, could look at the situation “impartially”, then “everybody” would be satisfied with the totally unbiased result.
“the rest of the CAFC judges are just super jealous of Newman’s brilliance and want to get rid of her by any means necessary”
First, that report is only by the three member panel.
Second, it is facially unreliable.
Third, as I have commented – and you conveniently skipped – start with accepting the initial ultimatum given to Judge Newman as your context point.
As a supposed attorney, you really do have a lack of understanding that the phrase “Judge, Jury and Executioner” is not a good thing.
“Second, it is facially unreliable.”
The emails were forged by someone pretending to be Judge Newman! All of these judges and clerks are simply lying because they are jealous!
Sure, Billy.
Move the goalposts back. No one said anything about forging emails.
That still changes nothing that the Perps who are taking a swipe at a Judge in good standing are doing so for their own self-serving desires.
And yes – several of these judges ARE
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But given your own proclivities, it is no shock that you would seek to deny this.
“in good standing ”
It’s not necessarily “good standing” if she’s causing a disturbance to the other judges (inc. the chief judge) and the staff.
“judges ARE
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What did they lie about specifically? And how do you know they lied?
Upsetting others (when a position taken is legitimate and in accord with the law) simply is NOT how you are trying to spin the situation.
The
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(As it should be evident enough for you) was the baseline accusation.
This is quite evident because the Perps are not pursuing that but merely pursuing the fact that Judge Newman said no to their shenanigans.
“This is quite evident because the Perps are not pursuing that ”
Wut? The proceedings are just on “pause” because she didn’t comply fully with their investigatory procedure. And most likely, let’s be honest, they want to save face of the court and of judge newman since so many oldie olds think if she developed a disordering of her life and those around her now she’s a “bad person/dishonorable person”lololol. If she simply dies off, then the whole thing gets swept quietly under the rug as just some end of life shinanigans.
Wow, are you out of touch:
“And most likely, let’s be honest, they want to save face of the court”
That is the least likely aspect given that the perps are the ones doing the damage.
You have already convicted her (based on your personal admission above, and projecting that to others).
“ the phrase “Judge, Jury and Executioner” is not a good thing.”
Telling a 96 year old Federal Judge with worm holes in her brain who is creating a toxic work environment and failing at her job to step down or take a mental competency test is … not “an execution.”
But you’re a very serious person! You’re all about employee rights and have been a strong advocate here for stronger employee rights for many years.
Hahahahaha.
And yet again, move the goal posts back.
This has ZERO to do with any such topic such as “stronger employee rights.”
The stats have been put out there: Judge Newman is certainly NOT even the lowest ranked judge as far as “..f a i 1 i n g.. at her job,” AND she has passed the mental competency test (even as the Perps attempt to misrepresent that fact).
But to you, this is nothing more than standard fare ‘whatever Means justified to reach a desired Ends.’
“the stats have been put out there”
LOL
How ‘interesting’ that of all the posts that you have left hanging, you choose this one to attempt a (late) snide comment — given how on a more recent thread, I just rubbed your nose in your
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See: link to patentlyo.com
At 24:15 (in sharp contrast)
link to open.spotify.com
(but hint at Deep State and draw disparagement…)
See 1.1.2.2.2 below
“The issue, which you and anon are avoiding, is the big report that just came out detailing in depth the dis orderi ng of the lives of people around her due to her persecutory delusion.”
Nonsense – I have commented at least twice that that “big report” is self-serving
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put out by the perps themselves.
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