Read this interesting post from Finnegan’s Federal Circuit IP Blog:

Author: Lauren J. Dreyer Editor: Kevin D. Rodkey

In Nuance Communications v. ABBYY USA Software House the Federal Circuit affirmed a noninfringement judgment… Source: A Cautionary Tale: When Patentee’s Voluntary Election to Try Subset of Patents Justifies Noninfringement Judgment for All Asserted Patents

My 2 cents: You can’t have your cake and eat it too. Nuance tried to save legal fees by paring down the number of patents they were trying to enforce by only pursuing their “best” and strongest claims. When they lost, they hoped to have a second shot using their second string…but the court shot them down. No “double jeopardy” for ABBYY unless Nuance had very explicitly reserved the right to sue again on the unasserted patents.

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Eric Reeves,, of AcclaimIP and FreePatentsOnline published some interesting statistics today. To see the whole post go to In addition to the statistics, Eric found some superlatives of interest… here they are (BTW, pray you are never on a jury having to decide on Claim 1 of Bristol Myers patent US8957203):

Following is a list of patents that stood out in some way. These are always fun!

275 Claims
Patent US9053485 Security monitoring system with image comparison of monitored location, had more claims than any other patent granted in 2015.

67 Pages
Patent US8957203, “Hepatitis C virus inhibitors,” from Bristol Myers Squibb Co, describes a chemical compound containing 286,267 letters (including spaces). Claim 1 is the longest claim of 2015, and requires 67 pages of single-spaced 12-point text in a Word document.

More Than 40 Years Pendency
Patent US8947977 for “Fusing arrangements” was filed in 1974 and granted on February 2, 2015. The patent is for a system of arming a warhead and the prevention of premature detonation–surely under a security arrangement. Interestingly, since this patent was filed prior to the 1995 TRIPS agreement, the patent still enjoys 17 years from grant date. It will expire in 2032, a whopping 58 years after it was filed.

555 Family Members
Patent US9066081 “Video encoding/ decoding method and apparatus for motion compensation prediction” from Toshiba Corp has 555 members in its simple family. Interestingly it was the only, and maybe last, member granted in the family claiming a 2002 priority date.

47 Citations
Design Patent USD722608 “Display screen with graphical user interface” from Microsoft has been cited 47 times since it was published in February 2015. This patent covers the design of the tiled interface used on Window phones.

787,824 Words
Patent US8952217 is a mouthful. With 787,824 words, it is the longest patent granted in 2015. The PDF contains over 81MB of data, and has 1342 columns. If you read the patent, (and I suggest you do instead of that two-week vacation you’ve been planning), you’ll also notice that “lengthy tables” are only included by reference. In reality the patent is even longer!

61 Inventors
Patent US9081501 “Multi-petascale highly efficient parallel supercomputer” from IBM was to say the least, a group effort. 61 unique inventors, mostly from Yorktown Heights, NY, got together and came up with this one. They get the AcclaimIP“Collaboration and Partnership” award for 2015!

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A federal appeals court sided with EFF yesterday on several of the major questions at issue in the long-running Lenz v. Universal copyright case.

Source: Takedown Senders Must Consider Fair Use, Ninth Circuit Rules

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It may seem obvious in hindsight, but a regular utility application is a continuation or CIP of any earlier filed provisional application. If you add material to the provisional, as most often is the case, then any claims directed to that new material do not get the priority date of the provisional. See Finnegan’s blog post: Getting Priorities Straight: Patents Have No Presumptive Entitlement to Priority Date of Provisional Applications

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