All posts by: Robert Yarbrough

About Robert Yarbrough

Smart Lady

December 21, 2017 Patent

Last week Zeitgeist Films released a biopic of Hedy Kiesler Markey, an inventor of U.S. Patent 2,292,387.  This WWII patent envisioned that jumping between radio frequencies would avoid jamming of radio-guided torpedoes.  The U.S. Navy rejected the frequency-hopping invention at the time and did not adopt the technology until much later.  Frequency hopping is now widely […]

It’s Halloween, which, of course, means that it’s time to preserve corpses. Consider Joseph Karwowski’s invention (U.S. patent 748,284 issued December 29, 1903*).  Joe was a Russian national (‘…a subject of the Czar of Russia’) living in New York state.  He was presumably impressed by the ability of waterglass (sodium silicate, or Na2SiO3) to preserve fresh […]

Each year for the last five years the U.S. Chamber of Commerce has published a massive report on the state of global intellectual property protection.  The report is, frankly, staggering in its ambition.  It provides a report card for IP protection for forty-five countries around the world, including patents, trademarks, copyrights and trade secrets. The report gives us […]

The answer is ‘yes.’ But why should we care? “Inter Partes Review” or “IPR” is a recent process by which a person infringing a patent can challenge the patent before a panel of USPTO employees.  The USPTO employees are members of the Patent Trial and Appeal Board (PTAB).  The person challenging the patent will present […]

Court Oder to Stop a Patent Infringer If an infringer copies your patented invention, a judge should make them stop, right?   Not necessarily. An order from a judge directing someone to do or not do something (such as to stop infringing your patent) is called an ‘injunction.’  Not too long ago, if a federal judge […]

The Eastern District of Texas is a large rural Federal judicial district.  The biggest city is about the size of Allentown, Pennsylvania.  Not what you would expect of a hotbed of patent litigation.  Nonetheless, the Eastern District of Texas has dominated patent infringement litigation for years.  In the first quarter of 2017, patent plaintiffs filed […]

Before the America Invents Act (‘AIA’), an invention owner had a one-year ‘grace period’ to file a patent application after commercially selling an invention or using the invention in public.  If the patent owner failed to file a patent application within the grace period, the patent rights in the invention evaporated, leaving the owner with […]

China’s Patent System is Developing at a Faster Rate China conquered the low-cost, low-margin manufacturing sector of the world economy.  Now it’s after the high-cost, high-margin, creative side of the economy. How will it get there? Through patents, of course.  Thirty years ago, China had no patent system to speak of.  Now the Chinese patent law […]

Now For a Riddle: When is a Defense not a Defense?… (Pause for effect)… Answer – When the Supreme Court says it’s not. Not so many years ago, patents were very powerful.  A patent owner was entitled to a court order stopping infringement almost as a matter of course whenever the patent owner proved infringement. […]

A poster child for patent trolls, that is.  MPHJ Technology gained notoriety and the ire of states, the Federal Trade Commission and Congress by buying several weak patents for $1 in 2012 and then sending out over 16,000 demand letters to businesses across the U.S. demanding payment for alleged infringement.  The patents relate to scan-to-email […]