Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

IP News

By Jeff Ginsberg and George Soussou
November 01, 2018

Obviousness Determination Can Be Different for Apparatus and Method Claims

On Sept. 13, 2018, a Federal Circuit panel of Judges O'Malley, Reyna, and Taranto issued a per curium decision in ParkerVision, Inc. v. Qualcomm Inc. et al., No. 2017-2012 (Fed. Cir. 2018). The Federal Circuit affirmed the decision of the U.S. Patent Trial and Appeals Board (the Board) that the apparatus claims of U.S. Patent No. 6,091,940 (the '940 patent) were unpatentable as obvious under 35 U.S.C. §103. In addition, the Federal Circuit affirmed the Board's determination that the method claims of the '940 patent were not unpatentable.

ParkerVision, Inc. (ParkerVision) owns the '940 patent, titled “Method and System for Frequency Up-Conversion.” Id. at 2. The invention relates to “telecommunications devices, such as cellular phones, in which low-frequency electromagnetic signals are 'up-converted' to higher-frequency signals by various means.” Id. The invention sought to improve the efficiency of up-conversion by “modulating the amplitude of the baseband signal with the help of an 'oscillating signal.'” Id. at 3.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.