Author: Forge IP

After appealing the case to the Patent Trial and Appeal Board, Forge IP has obtained a reversal of all rejections that were issued for a patent application entitled “Reward System for Micro Influencers In A Social Media Marketing Campaign” on behalf of Spaco LLC.

The application is directed to a system for conducting a social media marketing campaign. Specifically, the system enhances the efficiency of activity by micro influencers by gamifying the influencing process. A particular marketing campaign is established, in which numerous influencers take part, and the results produced by each of those influencers among their audience are tracked and compared with those of other influencers. Different point values are awarded for different types of social media reactions (likes, shares, etc.) on different social media platforms by their audience members, and physical locations of their audience members are detected to assess how traffic is driven to particular locations (concerts, bars, stores, etc.). The points for each influencer are tallied, and rewards are given based on the point totals at the conclusion of the campaign. By fostering competition among the influencers, the efficiency of both the amount and type of influencing that is employed is maximized.

The Examiner originally rejected the claims, alleging they were obvious over various prior art references.  After an appeal to the Patent Trial and Appeal Board, the Board issued a decision reversing all rejections. A Notice of Allowance is expected to issue soon.

In a unanimous opinion, the Court of Appeals for the Federal Circuit has upheld the decision by the Patent Trial and Appeal Board (“PTAB”) that all claims of U.S. Patent No. 8,806,957 are invalid.

Axioma, a Lithuanian company, manufactures an innovative smart water meter called the Qalcosonic W1.  In June 2019, the patent owner, Kamstrup A/S, initiated litigation in the U.S. District Court for the District of Colorado, accusing Axioma’s product of infringing the ‘957 patent, and filed a motion to enjoin Axioma from selling this product in the United States.  On behalf of Axioma, Forge IP successfully opposed the motion for an injunction, filed a Petition for Inter Partes Review (“IPR”) before the PTAB asserting that the patent was invalid on multiple grounds, and persuaded the District Court to stay the litigation while the IPR was pending.  In April 2021, after numerous rounds of briefing, testimony and depositions of multiple experts, and an oral hearing, the PTAB issued a Final Decision declaring all claims of the ‘957 patent invalid.

Kamstrup appealed this decision to the U.S. Court of Appeals for the Federal Circuit, and the matter was subsequently briefed by both parties.  On August 12, 2022, the Federal Circuit unanimously upheld the PTAB’s decision, invalidating all claims of the challenged patent.

The Patent Trial and Appeal Board has issued a Final Decision in a trial for Inter Partes Review initiated by Forge IP, invalidating all claims of the challenged patent.

The patent was directed to a dump truck lifting mechanism.  Forge IP filed the Petition for Inter Partes Review on behalf of its client, contending that the patent was invalid in view of multiple prior art references.  In April 2021, based on the original Petition filed by Forge IP, the PTAB instituted trial.

After full briefing, the testimony and depositions of multiple witnesses, and an oral hearing, the PTAB issued a Final Decision declaring all claims of the patent invalid.  Finding all of the claims obvious in view of a particular combination of references presented in the Petition, the PTAB did not need to reach multiple additional prior art grounds of invalidity that were advanced by Forge IP.

Forge IP and its many partner firms from around the US and the world have wrapped up another great LawPact conference in Miami, FL.  LawPact is an international association of business law firms whose members meet, talk, and work together on a regular basis in order to share the collective knowledge and experience of the organization, and to increase the substantive capacity and geographical reach of its member firms.  The spring conference focused heavily on improving communications with clients to help serve them better, and on understanding office culture to optimize workplace morale and productivity.  As always, the in-person conference was a resounding success, and we are anxiously awaiting our next one in this fall.  (In the meantime, our regular virtual meetings will have to suffice!)  

Forge IP is excited to announce that veteran IP practitioner John J. Dresch has joined the firm as a partner.  A seasoned attorney who works with major corporations, start-up companies, and individual inventors—both domestic and foreign—John’s vast experience includes two decades of prosecuting patents and managing portfolios in a variety of technical areas.  As a result, John’s addition to the firm even further expands Forge IP’s already deep understanding of the technologies and business demands of many different industries.  John’s admission in various key jurisdictions also increases Forge IP’s in-house geographical reach.  John officially joined the firm on November 1, 2021.

In a recent decision, the Patent Trial and Appeal Board has granted a Petition for Inter Partes Review (IPR) filed by Forge IP, which challenges the validity of the patent addressed in the petition. 

The patent at issue is directed to a dump truck lifting mechanism.  Forge IP filed the Petition for Inter Partes Review on behalf of its client, contending that the patent is invalid in view of multiple prior art references. 

After considering briefing from both parties, the Patent Trial and Appeal Board issued a decision instituting the IPR, finding that it is likely to be shown that the claims are invalid on multiple grounds. Accordingly, the Board instituted the IPR on all grounds set forth in the petition, and the matter will now proceed to full review.

After appealing the case to the Patent Trial and Appeal Board, Forge IP has issued U.S. Patent No. 10,976,231, directed to the detection and monitoring of contaminants in hydraulic and lubricating fluids. 

Entitled “Hydraulic and Lubricating Fluid Contamination Sensor System,” the invention of the ‘231 patent addresses the need to accurately test the fluids used in different types of hydraulic control systems, machines, and motors, which typically degrade the fluids and thereby cause inefficiencies and system failures.  The invention addresses this need with a monitoring system that employs a variable speed pump that supplies the fluid to a contamination monitor in conjunction with a controller that controls the pump so as to keep the flow rate at a target level.  By keeping the flow rate at a constant value, or within a specified range, the accuracy of the system is improved. 

The Examiner originally rejected the claims, alleging that they were obvious over various prior art references.  After an appeal to the Patent Trial and Appeal Board, the Board issued a decision reversing the rejections, and the U.S. Patent & Trademark Office subsequently issued the ‘231 patent.

The Patent Trial and Appeal Board has issued a Final Decision in a trial for Inter Partes Review initiated by Forge IP, invalidating all claims of the challenged patent.

The patent at issue is U.S. Patent No. 8,806,957, which is directed to an ultrasonic flowmeter.  Forge IP filed the Petition for Inter Partes Review on behalf of its client Axioma Metering UAB, contending that the patent was invalid in view of multiple prior art references.  In April 2020, based on the original Petition filed by Forge IP, the PTAB instituted trial.

After numerous rounds of briefing, testimony and depositions of multiple experts, and an oral hearing, the PTAB issued a Final Decision declaring all claims of the ‘957 patent invalid.  Finding all of the claims either anticipated or obvious in view of one of the primary references presented in Axioma’s Petition, the PTAB did not need to reach multiple additional prior art grounds of invalidity that were set forth in Axioma’s Petition.

After appealing the case to the Patent Trial and Appeal Board, Forge IP has obtained a reversal of all rejections that were issued for a patent application entitled “Insulating Garment For Firefighter Bunker Gear” on behalf of Logistik Unicorp Inc.

The application is directed to a specially-designed garment worn by firefighters.  The garment is made from a special fabric having first and second fire-resistant fabric layers.  The two layers are connected by a monofilament yarn made of particular material having sufficient compressive strength and resilience to maintain an insulating space between the layers, thereby ensuring superior thermal and moisture insulation.  The Examiner originally rejected the claims, alleging they were obvious over various prior art references.  After an appeal to the Patent Trial and Appeal Board, the Board issued a decision reversing all rejections.

A Notice of Allowance is expected to issue soon.

After appealing the case to the Patent Trial and Appeal Board, Forge IP has issued U.S. Patent No. 10,898,693, directed to the delivery of pharmaceuticals and other fluid agents to the nasal cavities of patients.

Entitled “Nasal Delivery of Agents with Nested Balloon Catheter,” the invention of the ‘693 patent employs a catheter, which is inserted into the nose, that has a special balloon assembly for delivering the therapeutic or diagnostic agent.  A first balloon is “nested” inside a second balloon, and a fluid agent is delivered into the space between them.  The inner balloon is then inflated via the catheter, such that it urges the therapeutic/diagnostic agent out through openings in the outer balloon and onto the relevant target area of the nasal cavity.  This innovative design facilitates an alternative approach to more traumatic, surgical solutions for treating common conditions like sinusitis.

The Examiner originally rejected the claims, alleging that they were obvious over various prior art references.  After an appeal to the Patent Trial and Appeal Board, the Board issued a decision reversing the rejections, and the U.S. Patent & Trademark Office subsequently issued the ‘693 patent.