Patent 7,624,165
US Patent 7,624,165
February 26, 2010
A method and system to provide multiple connections to a device from separate physical networks through the same logical network layer while keeping connections persistent. In order to keep connections persistent and change physical networks, at least one additional connection is needed to seamlessly accomplish the “hand-off”. If one or more signals from the network host to the device (35) are weak or degraded, then multiple connections can provide redundancy of data being sent from the host to the device reducing the amount of lost data. Multiple connections can be used to increase the amount of data that can be sent to the device at any given time. The system also contains various multiplex servers (49-42) that are assigned to one or more mobile devices, and acting as the device’s proxy in order to transfer data back and forth.
Weather incident prediction
US Patent 7,664,601
February 16, 2010
A method for short-term prediction of storm cells in aircraft using a modified weather radar system, and a modified weather radar system embodying the method. The storm cell prediction method including the operations of accessing first and second weather radar images generated relative to the aircraft and having a similar relationships to the aircraft; mapping the first weather radar image onto the second weather radar image; comparing the first and second weather radar images; forecasting information describing a weather condition represented by the first and second weather radar images; retrieving a phase of flight of the aircraft; and generating a warning as a function of the forecast information describing a weather condition and the aircraft phase of flight.
False patent marking requires greater attention
February 5, 2010
| Intellectual Property News
For more than a century, the patent statutes have made it illegal to include a patent number on a product that is not actually covered by the patent. 28 U.S.C. 292 provides that the use of a patent number, or the words “patented” or something similar, on a product or in advertising for the product, is illegal if it is done with an intent to deceive the public into thinking that the product is patented when it actually is not. The same restriction applies to the use of terms such as “patent applied for” or “patent pending.”
The false marking statute of Section 292 has been largely ignored because of its weak remedies. The statute provides for a fine of not more than $500 for every offense of false marking. Although there have been very few court decisions applying the statute, most of the courts that had encountered it had concluded that the $500 cap was the maximum remedy no matter how many units had been sold with the erroneous patent number. Even a continuous and ongoing campaign to falsely mark products for years would merit no more than a $500 fine.
That is, until recently. On December 28, 2009, the Federal Circuit Court of Appeals held that the $500 total cap should not be applied in this fashion. Instead, the penalty applies to each unit of a product that is sold with the false marking. Here’s a link to the decision: http://www.cafc.uscourts.gov/opinions/09-1044.pdf.
In the wake of this precedential interpretation of the false marking statute, a cottage industry of lawsuits has sprung up, with potential plaintiffs scrutinizing patent numbers appearing on products in the hope of finding an error that might support a lawsuit. Notably, a false marking lawsuit can be filed by literally anyone, and a plaintiff need not be a competitor or someone who was actually harmed by the marking.
In a few high profile cases, the number of units sold is great and the potential damages are astronomical. In one recent case involving lids made by the Solo Cup Company, the case alleged that 21 billion lids were sold with expired patent numbers on them. If the court were to award $500 per lid, the damages would be enormous. While a maximum of $500 per unit seems unlikely in most cases, even a penny per infraction can be huge if the volumes are high enough.
Although patent numbers should always be applied carefully, in this current environment it’s wise to be especially accurate. Congress is evaluating new legislation that might cap the damages award and stem the tide of false marking litigation, but for now the use of patent numbers on products and in advertising should be carefully scrutinized to ensure the numbers are accurate and the patents are still valid and enforceable.
Links of Interest
February 1, 2010
| FAQs
Doug Grady named a Rising Star® again in 2010
February 1, 2010
| Firm News
Doug Grady has been named a Rising Star® for the second year in a row by Washington Law and Politics magazine.
Each year, Washington Law and Politics asks Washington’s best lawyers to select among their peers the 2.5% that are the brightest and most promising. The Rising Stars must be 40 years old or younger and have been in practice ten or fewer years. Mr. Grady was also named in 2009. See Doug’s profile in the magazine at http://www.superlawyers.com/washington/lawyer/Douglas-A-Grady/9855c218-602d-4d9b-9820-e26fd8609821.html.
Patent 7,606,779
US Patent 7,606,779
December 26, 2009
Systems and methods for aggregating and using data corresponding to physical samples in a virtual environment. The method includes receiving a first physical sample, sensing a first aspect of the first sample to generate first sample first aspect data, storing the first sample first aspect data in a datastore, sensing a second aspect of the first sample to generate first sample second aspect data, storing the first sample second aspect data in the datastore, generating first sample transformed data by running a first series of algorithms using at least one of the first sample first aspect data and the first sample second aspect data, and storing the first sample transformed data in the datastore.
Patent 7,611,466
US Patent 7,611,466
October 26, 2009
An ultrasound transceiver scans an organ and processes the echogenic signals to produce three-dimensional, two-dimensional, and one-dimensional information of the organ. The 3-D, 2-D, and 1-D information is utilized to determine the thickness, surface area, volume, and mass of the organ wall.
BLG again ranked highly by Chambers USA
October 12, 2009
| Firm News
For the sixth year in a row, Black Lowe & Graham has been ranked among the top intellectual property law firms in Washington. This prestigious listing of law firms describes BLG as a firm that has quickly developed an enviable practice. The Chambers listing is primarily derived by feedback from lawyers outside the firm and clients of the firm, and that feedback makes the ranking especially satisfying. Here are some of the things our clients have said:
“BLG is great about taking into account the business constraints when offering legal advice”
Clients feel “spoiled by the attention that the lawyers at the firm lavish upon them.”
“Larry Graham’s advice always balances what is ideal with what is reasonable from a business perspective. . . he is a great litigator and speaker. He is tenacious in defending his clients’ interests.”
Black Lowe & Graham offers “solid value to a good client list.”
The litigators at the firm “have a sage approach to litigation and advice generally.”
See this year’s ranking at http://www.chambersandpartners.com/USA/Editorial/32818
Patent 7,606,872
US Patent 7,606,872
September 2, 2009
A system and method providing a media server system are disclosed. A software module for storage on a computer and operable by the computer is provided to receive a media request for a media selection from a media source including video and audio data. The media selection is retrieved, and a media signal conveying the media selection is communicated. A communications hub receives the media signal and transmits the media selection for play on a remote media device. A receiver configured to communicate with the communications hub and with the remote media device receives the media selection and communicates the media selection to the remote media device for play. A set of media preferences associated with an identifier allows for selectable access to media content. A plurality of remote interfaces each can be coded for generating an identifier, whereby using a particular remote interface invokes a set of media preferences.
