Tag Archive for: patent

Patent Case Summaries – November 2022 #2 | Alston & Bird


A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.


American National Manufacturing Inc. v. Sleep Number Corp., et al., Nos. 2021-1321, -1323, -1379, -1382 (Fed. Cir. (PTAB) Nov. 14, 2022). Opinion by Stoll, joined by Schall and Cunningham.

Sleep Number owns two patents directed to systems and methods for adjusting the pressure in an air mattress. American National filed IPR petitions challenging multiple claims of the patents, and the Patent Trial and Appeal Board issued final written decisions finding some, but not all, of the challenged claims unpatentable. During the IPRs, the Board permitted Sleep Number to present proposed amended claims.

On appeal, American National challenged various aspects of the Board’s determinations. First, American National argued that the Board erred in permitting Sleep Number to present proposed amended claims that both responded to a ground of unpatentability and made other changes not responsive to an unpatentability ground. The Federal Circuit explained that “nothing in the America Invents Act (AIA) or the Board’s regulations precludes a patent owner from amending a claim to both overcome an instituted ground and correct other perceived issues in the claim.” The court continued that, “so long as a proposed claim amendment does not enlarge the scope of the claims, does not add new matter, and responds to a ground of unpatentability in the proceeding, the patent owner may also make additional amendments to a claim without running afoul of the relevant statutes and regulation.” Here, because Sleep Number’s proposed substitute claims included a responsive narrowing limitation, “Sleep Number was free to include other amendments, including any addressing perceived §§ 101 and 112 issues.”

Second, American National argued that an admitted error in the priority application’s specification necessarily meant that the proposed amended claims were not enabled. The Federal Circuit disagreed. The specification itself made clear that the error was “obvious.” Also, Sleep…

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GBT’s first 3D, Multiplanar Microchip Continuation Patent Granted


GBT Technologies Inc.

GBT Technologies Inc.

GBT’s first continuation patent strengthening the new multi-dimensional integrated circuit’s architecture and manufacturing concepts

Patent Granted on August 9, 2022

SAN DIEGO, Aug. 25, 2022 (GLOBE NEWSWIRE) — GBT Technologies Inc. (OTC PINK: GTCH) (“GBT” or the “Company”), first 3D, Multi-Planar IC design and manufacturing technology, continuation patent, was granted by the United States Patent and Trademark Office (“USPTO”) on August 9, 2022. The first continuation patent is focused on strengthening the new microchip’s design and manufacturing concepts and methodologies. A second continuation patent was filed on July 29, 2022, seeking to protect the memory integrated circuit’s architecture and connectivity structures. The original nonprovisional patent protects a system and method to design and manufacture microchips on multi-plane surfaces, enabling placing more electronic circuits on chips, with the goal of enabling faster performance and better electrical characteristics. GBT recently filed an additional patent to enhance its 3D, multi-dimensional concepts. This patent describes a system and method to analyze, calculate and determine the optimal 3D, multi-planar shape to manufacture a chip according to a desired process dimension. The goal of such system, when fully developed, is to predict the most optimal 3D, multidimensional shape to best fit a selected design node.

GBT has invested effort in the integrated circuit field and related EDA design automation technologies, with the goal of developing innovative systems and methods to design and manufacture the next generation of the world’s semiconductor projects. Its 3D, multi-dimensional microchip architecture IP introduces methods to design and manufacture integrated circuits to fit advanced analog, digital, and mixed type ICs on a silicon wafer. The goal is to apply this type of technology in various fields including AI, medical, autonomous vehicles and industrial technologies.

“We have invested significant effort in the integrated circuits arena and we believe that we have developed advancements for the next era of electronics. Our 3D, multi planar patents are aimed…

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Ransomware, economic accelerator and patent box bills lapse


Legislation introducing a ransomware penalties regime, a $1.6 billion economic accelerator and the long-awaited patent box are among the bills which have now lapsed after failing to be passed before the announcement of the May federal election.

A number of tech-focused bills remained in Parliament upon Prime Minister Scott Morrison calling the election for 21 May over the weekend, meaning they have lapsed and will have to be introduced by the new government.

These include the federal government’s ransomware bill, which would have introduced tougher penalties for ransomware criminals and mandatory incident reporting for larger businesses subject to an attack.

These reforms were announced in mid-October, but the bill never made it past the lower house.

Legislation launching the $1.6 billion Australian Economic Accelerator, announced as part of the commercialisation package in February, has also lapsed. The accelerator will issue grants to support arrangements to increase industry-led study and post-graduate research, and to assist universities to undertake research.

The accelerator will function as a three stage program aiming to transform early-stage research into viable businesses.

The Coalition also failed to pass legislation launching a patent box after first announcing the scheme in last year’s May budget. The patent box would have initially only applied to the medical technology and biotech industries, offering tax breaks on IP commercialised in Australia.

While this legislation has now lapsed, the government did announce a series of updates to the scheme in this year’s budget, including to expand it to the agricultural and low-emissions technology industries.

The government had also been attempting to cap the amount the Medical Research Future Fund can disburse each year, but legislation facilitating this has now lapsed.

Under the Coalition’s plan, the fund would be limited to disbursing $650 million annually from 2022-23, down from the $1.2 billion withdrawn in 2020-21.

This plan had been slammed by the Opposition, which said it would “undermine medical research”.

A bill which would allow business communication documents to be signed or…

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GBT’s Wireless Motion Detection System Patent Received


The Intelligent Motion Detection Technology Patent Expected to be Granted on April 12, 2022; Patent # 11,302,032

SAN DIEGO, April 05, 2022 (GLOBE NEWSWIRE) — GBT Technologies Inc. (OTC PINK: GTCH) (“GBT” or the “Company”), received an issue notification for its intelligent motion detection patent, which the Company has assigned the internal code name “Apollo”. The non-provisional patent application will be granted on April 12, 2022, patent #11,302,032. The patent seeks to protect radio based, real time motion detection methods and systems. As described in the patent, neural network algorithms are designed to control and analyze radio waves transmissions and their reflections to construct 3D images and motion. The Apollo’s technology design is based on wireless transmissions that are made within specific frequencies measuring the returned reflected waves information. Apollo’s neural network is then designed to analyze the object constructing live images. The patent also seeks to cover real-time motion technology enabling live video through radio waves. The technology is designed to distinguish between living entities and objects by detecting distinctive patterns and intelligent mapping. The technology is designed to works in both indoors and outdoors environments as well as through walls and other mediums. The system’s effective range starts within a typical residential home area and can be extended using repeater units to cover larger facilities and structures. GBT believes that this innovative technology can be applied within health, security, military, and emergency response domains and plans to conduct further research and development in the near future.

“We receive an issue notice for our intelligent, wireless motion detection patent and plan to start R&D efforts to commercialize the technology, in wide variety of domains. We believe this technology can be used in a wide diversity of fields which would include wearable-less health monitoring to measure human’s vitals and detect falls. We also believe another type of application is to provide “eyes” for autonomous vehicles or a background system to detect concealed objects in airports. We are very…

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