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The InventionSession Podcast by ByteLaw®
bytelaw
51 episodes
3 days ago
Observations and Opinions regarding Patents and Inventions of Current Interest
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Technology
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Observations and Opinions regarding Patents and Inventions of Current Interest
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Technology
Episodes (20/51)
The InventionSession Podcast by ByteLaw®
Tesla's Legally Sound Strategy that the USPTO Denied - Why Tesla Should Have Prevailed against Intellectual Ventures II LLC in IPR2025-00340
This IP Consultancy, Byte Law® piece criticizes the USPTO Director’s controversial decision to deny Tesla, Inc.’s petition for an Inter Partes Review (IPR) against Intellectual Ventures II LLC (IPR2025-00340), which hinged on Tesla's explanation for inconsistent claim construction positions across forums. The author argues that this divergence was not a cynical legal maneuver but a statutory necessity, as Tesla had asserted the patent claim was indefinite in district court—a challenge explicitly prohibited in the IPR forum. Therefore, Tesla was compelled to use the neutral plain and ordinary meaning in the IPR to pursue valid prior art challenges, a justification the Director deemed insufficient. The rejection, which relied heavily on precedents like Revvo Techs., essentially forces petitioners into a "Catch-22" by demanding they undermine their primary court defense to gain access to the secondary IPR process. Ultimately, the source contends that the ruling is an unwarranted administrative overreach that obstructs access to the IPR system and shields potentially weak patents from review.
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4 days ago
33 minutes

The InventionSession Podcast by ByteLaw®
From Sugar to Stover - How BASF’s New Patent Unlocks the Next Frontier of its Genomatica Alliance and is an Acquisition Inevitable?
The analysis of the strategic relationship between the chemical giant BASF and industrial biotechnology firm Genomatica (Geno), focusing on the production of renewable 1,4-butanediol (BDO), a key chemical intermediate. The sources explain that the long-standing collaboration is reaching a critical point due to a new BASF patent covering a genetically engineered yeast that can metabolize xylose from agricultural waste, shifting the process from food-based sugars (First Generation) to non-food biomass (Second Generation). Although Genomatica owns the foundational patent rights to the biological BDO pathway, BASF now holds the key to utilizing cheaper, waste-based feedstocks, creating a profound technological interdependence. This situation, coupled with the involvement of major competitors like Hyosung TNC and consumer-goods partners, suggests that a potential acquisition of Genomatica by BASF or a rival bidder is likely and could exceed $1.2 billion. The full text of the analysis is available here From Sugar to Stover - How BASF's New Patent Unlocks the Next_Frontier of its Genomatica Alliance and is an Acquisition Inevitable?
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1 week ago
12 minutes

The InventionSession Podcast by ByteLaw®
The Bio-Acrylate Convergence - Why CJ Cheiljedang Needs Genomatica’s Direct Route to Solve the Catalyst Poisoning Paradox in the Acrylic Acid Market
An analysis of the technological competition between the major players CJ Cheiljedang (CJC) and Genomatica (GENO) in the global, multi-billion-dollar market for bio-based acrylic acid. CJC excels at the upstream step, using engineered microbes to generate and store high-yield carbon polymers (PHAs) intracellularly, thereby avoiding microbial toxicity. However, the analysis argues that CJC’s process for chemically converting these polymers downstream is significantly hampered by catalyst poisoning caused by acidic intermediate compounds, necessitating an expensive, multi-stage engineering workaround. Conversely, Genomatica holds the critical intellectual property for a "Direct Route" metathesis process that tolerates these acidic compounds, solving the chemical bottleneck. The text concludes that a strategic partnership or licensing agreement is essential for CJC to integrate GENO’s stable chemical conversion technology and specialized strain design (OptKnock) to achieve commercial cost-parity with established petrochemical producers.
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2 weeks ago
14 minutes

The InventionSession Podcast by ByteLaw®
Strategic Erosion - How State-Directed Chinese Tactics are Exploiting and Subverting the U.S. Patent System
An analysis by the IP Consultancy, Byte Law®, asserts that the U.S. patent system faces a strategic, state-directed assault primarily originating from the People's Republic of China, which aims to acquire and exploit U.S. intellectual property for national technological advantage. The document highlights the fundamental conflict between the U.S. rights-based patent model and China’s state-directed industrial model, detailing how this difference allows for systemic exploitation. Specific tactics include the weaponization of legal mechanisms like the Patent Trial and Appeal Board (PTAB) and the use of Anti-Suit Injunctions (ASIs) by Chinese courts to control global licensing rates and judicial sovereignty. Furthermore, the analysis describes mass-scale corruption through fraudulent filings that overwhelm the U.S. Patent and Trademark Office and the creation of "trash patents" driven by volume-based subsidies. The source concludes by mentioning recent U.S. policy responses, such as executive tariffs and new legislative countermeasures, aimed at combating this economic and national security threat. The full paper can be obtained here: Strategic Erosion - How State-Directed Chinese Tactics are Exploiting and Subverting the US Patent System
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2 weeks ago
32 minutes

The InventionSession Podcast by ByteLaw®
OPENAI ANTITRUST AND WONDERLAND - THE CHOKEHOLD THE CHESSBOARD AND THE QUEEN
A perspective from the IP Consultancy Byte Law®, provides an analysis of the antitrust risks posed by publicly published patent applications assigned to OpenAI OpCo, LLC. The central argument is that these patents, which claim essential mechanisms for controlling the AI ecosystem, fail the Alice test for non-conventional invention and thus represent an unlawful monopolistic threat. Specifically, the document details highest risk categories related to tying and platform control, such as patenting the digital gateway for API integration, which could lead to accusations of unlawful market foreclosure. Furthermore, the analysis highlights the dangers of bottleneck control through patents covering core AI workflow functions, such as long-running task interaction and content moderation, which could force competitors to incur significant costs. The overarching conclusion is that by attempting to legally monopolize abstract concepts and essential technical interfaces, OpenAI risks creating significant interoperability barriers that unlawfully extend its market dominance. The paper can be found here OPENAI ANTITRUST AND WONDERLAND - THE CHOKEHOLD THE CHESSBOARD AND THE QUEEN
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2 weeks ago
10 minutes

The InventionSession Podcast by ByteLaw®
MAYBE SAM ALTMAN’S INVESTORS SHOULD JUST, GO ASK ALICE... WHY OPENAI’S MOST RECENT CLAIMS ARE LOST IN THE PATENT WONDERLAND
An intellectual property perspective from the IP Consultancy, Byte Law®, criticizes several published patent applications assigned to OpenAI OpCo, LLC, arguing that they are legally vulnerable and likely unpatentable. The analysis asserts that these applications—covering automated metadata generation, personalized AI memory, and universal API integration—fail the Alice/Mayo legal framework because they attempt to patent abstract human cognitive processes and organizational methods. Specifically, the patents are deemed ineligible because they claim automation of mental acts like summarizing or selective remembering, relying only on conventional computing elements rather than providing a fundamental technical improvement to computer functionality. Ultimately, the perspective concludes that OpenAI is attempting to monopolize abstract concepts without demonstrating the required non-conventional technological advancement. the full analysis is available, here MAYBE SAM ALTMANS INVESTORS SHOULD JUST GO ASK ALICE WHY OPENAIS MOST RECENT CLAIMS ARE LOST IN THE PATENT WONDERLAND
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2 weeks ago
11 minutes

The InventionSession Podcast by ByteLaw®
BIO-SOURCED HYDROPROCESSING CATALYST SYSTEM AND SYNTHESIS METHOD UTILIZING COW DUNG AND BAT GUANO PRECURSORS
A novel method for synthesizing a hydroprocessing catalyst utilizing sustainable, bio-sourced waste materials, specifically cow dung and bat guano, to replace expensive synthetic chemicals. This invention describes preparing a crystalline transition metal molybdotungstate material (MMoWO) where pyrolyzed cow dung acts as a foundational, high-surface-area template rich in silica and alumina. Simultaneously, bat guano serves as the mineralizing solution, providing trace metals (M, Mo, W) and natural complexing agents necessary for controlled crystallization during a solvothermal reaction. The resulting catalyst demonstrates superior structural stability and enhanced coking resistance, making it highly effective for hydrodesulfurization (HDS) and hydrodenitrification (HDN) in the refining of sour crude oils, offering economic and environmental advantages over prior art.
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2 weeks ago
10 minutes

The InventionSession Podcast by ByteLaw®
SpaceyX Bio-Hybrid Rocket Propellant System
This is a patent application filed by SpaceyX concerning a novel hybrid rocket propellant system intended for use in vehicles designed for interplanetary transit, specifically to Mars. The core of the invention is a bio-hybrid propellant that utilizes Chunky Peanut Butter (CPB) as the renewable, non-toxic precursor for the solid fuel grain. The CPB is chemically cured using a polyisocyanate agent to form a rigid, monolithic fuel grain which is then coupled with a liquid oxidizer, such as Liquid Oxygen, to generate throttleable thrust. Crucially, the Nut Particle Dispersion (NPD) within the chunky peanut butter is leveraged to enhance combustion efficiency and stability by creating micro-turbulent eddies at the burning surface, optimizing the fuel's regression rate. The system is presented as a sustainable alternative to conventional toxic propellants, supporting long-duration missions and in-situ resource utilization.
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2 weeks ago
12 minutes

The InventionSession Podcast by ByteLaw®
The Illusion of Openness - Why Jensen Huang's Nvidia Blackwell Strategy is a Dangerous Echo of the National Security Threat Described in the book, "Wireless Wars"
This newly published observation from the IP consultancy, Byte Law® titled "The Illusion of Openness - Why the Nvidia Jensen Huang's Blackwell Strategy is a Dangerous Echo of the National Security Threat Described in the book, Wireless Wars," presents a critical argument against Nvidia CEO Jensen Huang's strategy of advocating for the open sale of advanced AI accelerators, specifically the new Blackwell chips, even to geopolitical rivals. Byte Law® argues that this "openness" poses a significant national security threat by facilitating the transfer of crucial intellectual property (IP), comparing it to the risks detailed in the book Wireless Wars. The article highlights the Samsung Paradox, illustrating how providing massive access to advanced GPUs gives a competitor and supplier intimate operational knowledge that can be transferred to rivals like China, accelerating their own technological independence. Furthermore, the source details the extensive feasibility of reverse engineering the Blackwell architecture—including its proprietary compiler co-design and dedicated AI Management Processor—by using techniques like microbenchmarking and physical disassembly to create a complete architectural blueprint. Ultimately, the analysis concludes that selling these chips provides the easiest pathway for state-sponsored competitors, such as those demonstrated by the Huawei Blueprint and TSMC espionage cases, to replicate fundamental U.S. core technology. The article can be viewed here: The Illusion of Openness: Why the Nvidia Jensen Huang Blackwell Strategy is a Dangerous Echo of the National Security Threat Described in the book Wireless Wars 
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1 month ago
12 minutes

The InventionSession Podcast by ByteLaw®
The New Patent Wars - Securing American Innovation by Reforming Intellectual Property Policy for State-Directed Competitors
A new ByteLaw® article titled "The New Patent Wars - Securing American Innovation by Reforming Intellectual Property Policy for State-Directed Competitors," argues that the United States patent system is currently being exploited by state-directed actors, particularly the People's Republic of China, transforming patents into tools for geostrategic competition. It explains that China's strategy of civil-military fusion allows its companies to accumulate extensive patent portfolios in critical technologies, posing threats like infrastructural disruption and suppression of U.S. innovation. Because existing legal frameworks like the Invention Secrecy Act are inadequate to counter this threat, the article proposes a three-tiered legislative reform that includes pre-grant national security reviews for patents, expansion of government use rights, and the addition of a national security factor to patent infringement remedy decisions. Ultimately, the source advocates for a paradigm shift to a patent system that actively considers the national security implications of patent ownership. The full article is obtainable here: (The New Patent Wars - Securing American Innovation by Reforming Intellectual Property Policy for State-Directed Competitors)
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1 month ago
16 minutes

The InventionSession Podcast by ByteLaw®
A National Security Imperative - Why Pattern Computer's Explainable AI is Mission-Critical for America's Quantum Supremacy
A strategic analysis by IP Consultancy, ByteLaw®, argues that the United States faces a national security imperative in the global race for quantum supremacy, comparable to the advent of nuclear weapons. It posits that while investment in quantum hardware is necessary, the critical component to win the race is Explainable AI (XAI) technology developed by Pattern Computer Inc. (PCI). The analysis identifies three major national security vulnerabilities in quantum computing—instability, the difficulty of developing encryption-breaking algorithms, and slow development speed—that PCI's unique "causal AI" is designed to solve by finding hidden causes in complex, high-dimensional data. Finally, the document asserts that PCI's Pattern Discovery Engine (PDE) is a proven hypothesis engine that accelerates research and development timelines and is built for secure deployment with national labs, making it a crucial "force multiplier" for securing American technological advantage. The paper may be obtained here: A National Security Imperative - Why Pattern Computer's Explainable AI is Mission-Critical for America's Quantum Supremacy
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1 month ago
16 minutes

The InventionSession Podcast by ByteLaw®
The Ghost in the Machine: A Deep Dive on Why Meta's Neuromuscular Patents Are Haunted by a Foundational EMG Predecessor
IP Consultancy ByteLaw® provides an analysis (The Ghost in the Machine - A Deep Dive on Why The Meta Neuromuscular Patents Are Haunted by a Foundational EMG Predecessor) arguing that Meta Platforms' extensive portfolio of neuromuscular control patents for its augmented reality technology faces a critical legal obstacle from an older, foundational patent. This earlier patent, U.S. Patent No. 7,596,393 owned by ETRI, broadly claims the fundamental architecture of using wrist-worn EMG sensors to control a mobile communication device. The article demonstrates, using specific examples from Meta's patents, that Meta's advanced systems are merely improvements on this foundational invention, making them highly likely to infringe both literally and under the Doctrine of Equivalents. Because the foundational patent remains enforceable until 2028, the article concludes that securing a licensing agreement with ETRI is a commercial necessity for Meta to avoid the catastrophic risks of a sales injunction and massive willful infringement damages.
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1 month ago
17 minutes

The InventionSession Podcast by ByteLaw®
Active Signals, Passive Denials: Analyzing Promoter-Based Ranking and the Infringement Allegations in McLellan v. Google
This is a legal analysis by the IP Consultancy ByteLaw® (Active Signals Passive Denials - Analyzing Promoter-Based Ranking and the Infringement Allegations in McLellan v Google) of the case McLellan v. Google (Mcclellan v Google 125-cv-1276197), where the plaintiff alleges that Google’s local search ranking system infringes upon its U.S. Patent No. 8,849,807. The '807 patent claims a novel method for ranking websites by combining a traditional content-based score with an "activity weight" derived from tracking the website "promoter's" engagement, such as logging into a business profile. The analysis argues that the plaintiff’s claims are plausible because using such a system, despite contradicting Google’s public statements about ranking, provides a necessary strategic advantage for maintaining the data integrity of its valuable local search product. Crucially, the lawsuit specifically alleges that the Google Business Profile (GBP) system is the functional implementation of the patented three-database architecture and activity tracking method. Ultimately, the article suggests the case will likely be decided on technical evidence revealing how Google weights and processes promoter activity, not on its stated ranking policies.
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1 month ago
15 minutes

The InventionSession Podcast by ByteLaw®
Virtual Concepts, Real Questions: A Deep Dive into the Validity of AIIA’s Asserted Patents vs Geisel Software
The provided document, Virtual Concepts Real Questions - A Deep Dive into the Validity of AIIA's Asserted Patents by ByteLaw® an IP consultancy's analysis of the patent infringement suit (UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK, 1:25-cv-07387) filed by the Artificial Intelligence Industry Association (AIIA) against Geisel Software and revolves around three patentsscrutinizes three patents held by the Artificial Intelligence Industry Association (AIIA), asserting their likely invalidity. The Suit is The analysis argues that these patents—U.S. Patent Nos. 11,257,272, 10,075,693, and 9,930,315—are vulnerable due to being abstract ideas, lacking novelty, and being obvious combinations of existing technologies. Specifically, the '272 patent is described as an abstract workflow for synthetic data generation, potentially anticipated by prior art, while the '315 and '693 patents are seen as abstract methods for data correlation and embedding, representing obvious solutions for stabilizing VR video. The consultancy concludes that AIIA's patents attempt to claim ownership over logical engineering workflows rather than genuine technological inventions, making them susceptible to invalidation under U.S. Patent Law.
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2 months ago
19 minutes

The InventionSession Podcast by ByteLaw®
AI Smart Camera Patent Battle: Obvious Mashup or True Invention?
The provided text Lego Bricks or a New Invention - The Fight Over a Smart Camera Patent by ByteLaw® an IP Consultancy, discusses a patent dispute in the USPTO's Patent Trial and Appeals Board, between tech giant Samsung and SnapAid (an Israeli company that developed an image enhancement mobile application), focusing on SnapAid's "Real Time Assessment of Picture Quality" smart camera patent. Samsung argues the patent is invalid due to obviousness, claiming SnapAid merely combined existing technologies. The article explains the legal standard for obviousness, highlighting two key Supreme Court cases: Graham v. John Deere Co. and KSR International Co. v. Teleflex Inc. The KSR standard, which emphasizes "common sense" and "ordinary creativity," makes it easier for challengers like Samsung to invalidate patents. However, SnapAid's defense posits their invention is a unique integration of disparate technologies that creates a novel system for real-time photo improvement, going beyond a simple, predictable mashup. The resolution of this case will hinge on whether SnapAid's invention is considered an obvious combination or a truly inventive solution.
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2 months ago
15 minutes

The InventionSession Podcast by ByteLaw®
DH International vs Apple Are the Patents-in-Suit Built on Shifting Sand?
This analysis, DH International vs Apple Are the Patents-in-Suit Built on Shifting Sand?, titled "Apple vs. DH International: Are the Patents-in-Suit Built on Shifting Sand?", examines a legal dispute see DH International Ltd vs Apple, where DH International alleges that Apple Pay infringes on two of its patents, the '333 and '294 Patents. The source argues that both patents may be invalid, providing Apple with grounds for dismissal. It highlights that the '294 Patent is particularly vulnerable, with the Patent Trial and Appeal Board (PTAB) already having instituted inter partes review (IPR) proceedings, finding a reasonable likelihood of invalidation based on prior art. While the '333 Patent survived initial IPR challenges, the analysis suggests its novelty may rely on narrow distinctions from existing technology. Furthermore, the document asserts that both patents could be deemed ineligible under the Alice framework, as they appear to cover an abstract idea implemented using generic technology, rather than a true inventive concept.
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3 months ago
19 minutes

The InventionSession Podcast by ByteLaw®
Cookie Controversy: Unpacking the Ravenwhite v. Wal-Mart: Patent Invalidity and Dismissal Argument
The provided text Why the Patent in Ravenwhite v Wal-Mart Appears Invalid and the Case Merits Dismissal, from ByteLaw® discusses the potential invalidity of U.S. Patent No. 10,594,823, central to a lawsuit see RAVENWHITE LICENSING LLC vs Wal-Martbetween Ravenwhite Licensing LLC and Wal-Mart Inc. The article argues that the patent, which claims a method for identifying users using two different cookie types in separate browser storage, lacks novelty and non-obviousness. It highlights extensive prior art and a Patent Trial and Appeal Board (PTAB) decision to institute an inter partes review, indicating a "reasonable likelihood" of unpatentability. Furthermore, the analysis suggests the patent's claims are fatally abstract under the Alice framework, lacking an inventive concept beyond an abstract idea implemented with generic computing components. Ultimately, ByteLaw® contends that Wal-Mart has a strong basis for dismissal with prejudice, aiming to prevent further litigation based on what it considers an invalid patent.
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3 months ago
16 minutes

The InventionSession Podcast by ByteLaw®
Deconstructing a Patent's Possible Invalidity: New Amsterdam v. Medtronic Settlement
The provided text, A Patent's House of Cards Deconstructing the Invalidity Arguments that Led to the New Amsterdam v Medtronic Settlement, analyzes the settlement between New Amsterdam LLC and Medtronic plc regarding U.S. Patent No. 6,916,483 (the '483 Patent), arguing that the patent was likely invalid due to obviousness in light of prior art. The author explains that New Amsterdam sued Medtronic for infringement see New Amsterdam LLC v Medtronic plc et al related to its SINUVA® Sinus Implant. However, the article asserts that the '483 Patent's central claims, involving a drug-delivery module in a prosthesis recess, were not novel. Specifically, the text points to the Wilcox patent (U.S. Patent No. 5,681,289) as demonstrating the core concept of drug delivery with a prosthesis, and the Yi patent (U.S. Patent No. 6,656,488) for the idea of a mesh container. The author suggests that Medtronic's strong invalidity arguments, presented through an inter partes review (IPR) filing, compelled New Amsterdam to settle before a formal invalidity finding could be made, thus avoiding a public declaration that its patent was likely unpatentable. Ultimately, the article concludes that the settlement was a pragmatic outcome driven by the inherent weaknesses of the '483 Patent when compared to established prior art.
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3 months ago
17 minutes

The InventionSession Podcast by ByteLaw®
The Patent That Almost Wasn't: Why the Kaifi v Apple Lawsuit Should Be Silenced
The provided text The Patent That Almost Wasn't Why the Kaifi v Apple Lawsuit Should Be Silenced, argues for the invalidation and dismissal of the Kaifi LLC v. Apple Inc. lawsuit, see KAIFI LLC vs Apple which centers on U.S. Patent No. 8,930,196 (the '196 patent) related to voice assistant wake word technology. The source contends that the patent is unmerited because its core concept was obvious from the outset, combining existing technologies in a predictable way. Furthermore, it asserts that the patent's claims merely cover an abstract idea implemented with generic computing components for a known purpose, making it ineligible for patent protection under the Supreme Court's Alice framework. The text highlights the patent's troubled journey through the USPTO, where it faced repeated rejections for obviousness and was only granted after its claims were significantly narrowed to a specific, non-inventive implementation detail. Ultimately, the author believes the lawsuit represents an attempt to exploit a dubious patent to stifle innovation, advocating for its dismissal.
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3 months ago
14 minutes

The InventionSession Podcast by ByteLaw®
Why the Headwater v Amazon case Rests on Seemingly Fatally Flawed Patents
The provided analysis from ByteLaw® Why the Headwater v Amazon case Rests on Seemingly Fatally Flawed Patents critiques a patent infringement lawsuit filed by Headwater Research LLC against Amazon see Case 7-25-cv-00286 Headwater v Amazon et al. The core argument is that the two patents central to Headwater's claim—U.S. Patent Nos. 9,615,192 and 10,321,320—are fundamentally flawed and invalid. ByteLaw contends these patents should not have been granted because they represent obvious combinations of existing technologies and describe abstract ideas without an inventive concept, failing to meet legal patentability standards. Specifically, the analysis details how the '192 patent concerning a message link server, and the '320 patent covering a wireless network buffered message system, both lack novelty and inventiveness by merely applying well-known communication and data management principles to electronic messaging. Consequently, ByteLaw concludes that Headwater's lawsuit, which targets Amazon's crucial push notification services, lacks merit and should be dismissed.
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3 months ago
14 minutes

The InventionSession Podcast by ByteLaw®
Observations and Opinions regarding Patents and Inventions of Current Interest