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Litigation Quality Patent PatentCast

Updated 7 days ago

Business
Technology
Entrepreneurship
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The Litigation Quality Patents® Podcast, hosted 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.

Read more

The Litigation Quality Patents® Podcast, hosted 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.

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iTunes Ratings

5 Ratings
Average Ratings
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Cover image of Litigation Quality Patent PatentCast

Litigation Quality Patent PatentCast

Updated 7 days ago

Read more

The Litigation Quality Patents® Podcast, hosted 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.

Rank #1: EPISODE 11 - The Examiner Whisperer - Sanofi-Aventis v Genentech - May 16 2013

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In this episode of the Litigation Quality Patents® Podcast, the discussion concerns patent license agreements. Craige outlines key portions of patent license agreements and how to best construct them in order to avoid going through re-litigation on issues of infringement.

Listen to the Podcast:

EPISODE 11 – The Examiner Whisperer – Sanofi-Aventis v Genentech – May 16 2013

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.

Sep 24 2013

13mins

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Rank #2: LQ PatentCast: DDR Holdings v Digital River

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This is an important case from 2014. It is part of our post-Alice software series of Litigation Quality PatentCasts because it’s about an important decision that’s often cited in prosecution literature, in IPRs, and in litigation in favor of patent eligibility for software claims in certain circumstances. Alice is the Supreme Court decision, and it has set the bar and the two-step Alice test for analyzing whether claims are patent-eligible subject matter, or whether they’re too abstract, to be patentable.

Aug 24 2018

22mins

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Rank #3: LQP Ask the Patent Attorney: Where can you get sued for patent infringement?

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Good news! You could be sued in fewer places!

Business owners will be relieved to know that their risk of being sued for patent infringement in some far away and unfriendly court just went down! Find out how a patent spat over supercomputers can keep you from traveling so far to defend against a charge of patent infringement.  

Jun 04 2018

9mins

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Rank #4: What would happen if your top engineers walked out the door with a patentable idea?

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As the CEO of a technologies company, have you thought about what would happen if your top engineers walked out the door with a patentable idea and started a very profitable business? Every employment agreement these days should have a clause obligating employees to assign their rights and invention to your company. However, this doesn’t always happen. Every engineer will leave their current position at some point, and some of them will leave with extremely valuable ideas in their heads that they have been moonlighting on.

In today’s PatentCast, discover how an engineer walked out with valuable patentable ideas when his company was focused on GPS technologies for surveying applications. This former employer lost out on the “Big Win” when they could have had a very profitable idea without expensive or risky litigation.  

Sep 10 2018

23mins

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Rank #5: LQ PatentCast: Arctic Cat v. Bombardier

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In this episode of the Litigation Quality PatentCast Craige explains how Arctic Cat Successfully enforced and monetized its patent with a patent license to Honda and in litigation against BRP, the maker of an infringing “Sea-Doo” personal watercraft.

This case has 4 great business lessons involving how to

1) Overcome obviousness

2) Mark your products with your patent number

3) Get an on-going royalty and

4) Treble damages from the infringer!

Mar 05 2018

31mins

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Rank #6: Ask The Patent Attorney: Is My Attorney Getting Me The Right Claims? (Part 1)

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Today we have a special Ask the Patent Attorney two-episode edition, answering the question: "Is my patent attorney getting me the right claims?" To answer that question, we’re going to break this up into two parts. The first part is the Litigation Quality Patent Claim Criteria, and the second part is the Litigation Quality Patent Claim Scope. You need to have both to assess and give you a proper answer to the question that maybe isn’t frequently asked but should be asked. If I were a client of a patent attorney, this is the top of my asked questions.

Aug 28 2018

9mins

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Rank #7: IPR PTABCast: Southwire v Cerro Wire

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Patent claims can be invalid if a prior art reference teaches almost all the claimed features and any missing features must “necessarily” be present when you follow the Prior art teachings.  

In this IPR PTABCast Craige explains how Southwire’s industry-changing process patent defeated the inherence attack but succumbed to the “obviousness” attack.

Apr 23 2018

27mins

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Rank #8: LQ PatentCast: Electric Power Group v Alstom

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Software is patentable – we do it here at TPL all the time. But many software inventions die a slow, and painful death in the patent office. Many others are killed off in litigation – all due to a Supreme Court case called Alice. Alice shapes which software claims thrive, and which don’t survive. In today’s EPG case, Craige explores how to identify whether claims will survive Alice. Craige also offers some Litigation Quality Patent practice pointers – including “red flag” phrases that are symptoms of potentially weak claims.  

Mar 27 2018

32mins

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Rank #9: LQP Ask The Patent Attorney: Can I even get a patent on my idea?

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On this episode of LQP Ask the Patent Attorney Craige answers this FAQ "Can I even get a patent on my idea?" 

Mar 12 2018

6mins

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Rank #10: LQ PatentCast: Ex Parte Stefan Hartman

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Software is patentable when you follow the rules. Craige analyzes how the Patent Trial and Appeal Board (PTAB) invalidated issued software claims because the claim drafter simply framed the claims in a way that was too abstract. This illustrates an avoidable, but all too common, flaw that leads to the demise of many software claims.

Feb 05 2018

30mins

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Rank #11: LQP Ask The Patent Attorney: Long Patent Claims are bad, Right?

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Many sophisticated patent clients have learned from other patent attorneys that long claims are bad and short claims are good. 

Craige explodes this fallacy with case studies about how a long claim can be ideal or a raw deal, depending on its structure. 

Craige exposes the secret ingredient that is essential for every claim, irrespective of its word count.

Feb 12 2018

16mins

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Rank #12: LQP Ask The Patent Attorney: When can I safely market my idea?

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In today’s Briefing, Craige discusses six options that you can choose from when launching your idea into the market. If you want to safely maintain proprietary control and ownership of your idea, you need to understand the trade-offs and benefits of each of these 6 choices.

Apr 16 2018

8mins

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Rank #13: EPISODE 14 - The Examiner Whisperer - Uship v United States & IBM - Jun 6 2013

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In this episode of the Litigation Quality Patents® Podcast, discussion concerns the Miranda warning and how it applies to patent prosecution too! Anything you say, can and will be used against you. In this case,  even routine correspondence with the patent office.

Craige’s special guest is Dr. John Leighton, an associate attorney at Thompson Patent Law.

Listen to the Podcast:

EPISODE 14 – The Examiner Whisperer – Uship v United States & IBM – Jun 6 2013

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.

Sep 25 2013

12mins

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Rank #14: IPR PTABCAST: IN RE: Power Integrations

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 Did the word "couple" really need to be interpreted twice by the PTO, twice by the Federal Circuit, and once by the District Court? In today’s IPR PTABCast, Craige explains how the proper constructions of a single word can toggle a patent between validity and invalidity, and what you can do to avoid millions of dollars of litigation expenses by adding one clarifying word. 

Apr 30 2018

24mins

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Rank #15: LQ PatentCast: Berkheimer v. HP

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The Alice barrier to software just got cut down a couple notches! 

Is this sleepy little case going to shake up prosecution and litigation of software patents?

Tawfiq uncovers how it might have just become harder to invalidate software claims, under step 2 of Alice in District Court, while Craige explains the potential sea change that promises to hold the patent examiners back from sloppy Alice rejections. Help is on the way for protecting software.

May 07 2018

23mins

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Rank #16: LQP Ask The Patent Attorney: What are your rights when you are Patent Pending?

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Craige answers this FAQ and adds a bonus answer to a should ask question (SAQ) for an often-overlooked way to monetize your invention.

Jan 23 2018

8mins

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Rank #17: IPR PTABCast: General Plastic Industrial Co., Ltd v. Canon Kabushiki Kaisha

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Man Bites Dog! Shocking news! It’s not every day the USPTO stands up for owners of patents. This episode of the IPR PTAB Cast describes the hurdles that the PTAB has erected to stop harassment of patent holders so they don't have to suffer unwarranted serial IPR attacks.

Jan 29 2018

35mins

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Rank #18: LQ PatentCast: SAP America v. Investpic

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In this installment of the Post-Alice Software Series, the Federal Circuit burns off some of the fog surrounding software claims at Step 2 of the Alice inquiry.  The case of SAP vs. Investpic appears to directly answer, for the first time, whether a claim can lack the “inventive concept” needed to survive Alice, even though the claims are “groundbreaking, innovative, or even brilliant” as well as non-obvious.  Now we know that an “inventive concept” cannot be found in the non-abstract realm, e.g., the claimed improvement can’t be an improvement to merely abstract “math.” 

Aug 01 2018

25mins

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Rank #19: LQ PatentCast: Presidio Components, Inc., v. American Technical Ceramics

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Businesses accused of patent infringement have some sophisticated strategies at their command. Conversely, patent owners must have litigation savvy counsel who knows how to think strategically (i.e., chess rather than checkers). In this PatentCast,™ Craige draws business and patent lessons involving an infringed capacitor patent.

Mar 22 2018

22mins

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Rank #20: IPR PTABCast: Owens Corning v. Fast Felt Corp.

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Craige reviews a case study of obviousness by tracing how common errors in lazy drafting and greedy claiming that lead inexorably to weak patents. In Owens Corning v. Fast felt, the federal Circuit shoots down a patent on gravure deposited nail tabs for roof shingles, even though the claims survived the inter partes review process.

Apr 02 2018

32mins

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