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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.
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Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.