Ms. Jackson, who isn't told which companies requested the research, declined to comment on the prior art she has found, citing confidentiality agreements.
My point is that there were substantially difference between the prior art and the new method, but the key was you could not replace one for the other.
BBC: Apple versus Samsung: Full interview with the jury foreman
Prior art didn't mean that the prior art wasn't valid.
BBC: Apple versus Samsung: Full interview with the jury foreman
The thing you have to remember is that the prior art that belonged to Samsung, or belonged to somebody else that they had the ability of using, they had not used for quite some time.
BBC: Apple versus Samsung: Full interview with the jury foreman
But the stipulation under the law is for the prior art to be sufficient to negate or invalidate the Apple patents in this case, it had to be sufficiently similar or, more importantly, it had to be interchangeable.
BBC: Apple versus Samsung: Full interview with the jury foreman
The new prior art definitions apply only to applications filed on or after that date, and where the application does not claim entitlement to an earlier filing date.
The new prior art definitions do not take effect until March 16, 2013.
And in example after example, when we put it to the test, the older prior art was just that.
BBC: Apple versus Samsung: Full interview with the jury foreman
In essence, with the AIA, Congress has enacted a definition of prior art that will slowly displace the old definitions, but it may take decades for the new legislation to fully displace the old definitions of prior art.
Now Google's patent search is giving prior art some love as well with the addition of the aptly named "Prior Art Finder" to its patent search tool.
ENGADGET: Google Patents search gets upgrade, now filled with prior art and European patent goodness
To try to make it as easy as possible - I have addressed this in other interviews that I have had - what it amounts to is there has been a big fuss since the deliberation that prior art was not considered.
BBC: Apple versus Samsung: Full interview with the jury foreman
And if a firm outsources the entire patent-filing activity, it also leaves this identification and interpretation of prior art to the external solicitors.
Because the perceived quality of patent awards has deteriorated--critics complain that they were given almost indiscriminately to dot-coms for only the slightest changes in prior art--even minor patent applications must be carefully (and expensively) vetted by patent lawyers as protection against lawsuits by aggrieved patent holders.
But the way that patents are granted these days is pretty much to ignore prior art and or the obviousness step.
FORBES: The Patent System Really Is Broken If Someone Is Trolling Apple For This
Eventually the patent database becomes rich enough with prior art to reach an equilibrium, but the errors in the interim produce a batch of legacy patents that never should have issued.
In the equivalent of two and a half workdays, that examiner must analyze the application and then search through all the existing documents in that field to find any instances of prior art (see " In the path of an avalanche").
Finding prior art in the traditional, offline way is often very costly, not least in researchers.
Patent examiners typically focus their prior art searches on the database of existing patents.
The site currently features studies seeking prior art on technologies ranging from virtual keyboards to digital payments.
Marked by a patently obvious blue button, the new addition serves up relevant prior art results by using key phrases from a patent's text and putting them together in a search query.
ENGADGET: Google Patents search gets upgrade, now filled with prior art and European patent goodness
One of the most notorious of these capers involved the attempted sale to Baghdad immediately prior to the invasion of state-of-the-art furnaces with considerable utility for the manufacture of missiles and nuclear arms.
As Cheryl points out in her article, the AIA expands the scope of what is available as prior art.
In U.S. District Court, Vonage s submissions of prior art were dismissed, and the company was ruled to have infringed on the Verizon patents.
Prior art encompasses all knowledge disclosed to the public before the patent is applied for.
If the jury takes to Samsung's claims of prior art, it could severely cut Apple's claims against it.
And as a result of that you have heard a lot of hype in the media about did we turn our back on prior art?
BBC: Apple versus Samsung: Full interview with the jury foreman
In the Final Office Action, three examiners of the PTO considered TiVo's response and, in a detailed 32-page decision, finally concluded that the software claims were unpatentable in view of two prior art references.
ENGADGET: USPTO rules against TiVo's "Time Warp" patent, but the fight vs. DISH rages on, again
Hundreds if not thousands more hours must be spent searching for prior art (again, nothing to search for on the plaintiff side).
These NPEs must uncover evidence of infringement, rule out prior art and inequitable conduct, and interact at length with the patent office.
FORBES: Not So Scary, After All: In Defense Of Patent Trolls
He had also worked several prior cases with Jeff Novitzky, and says that he introduced Novitzky to the art of dumpster diving.
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