Google

Google: AI Should Not Be Considered an Inventor (axios.com) 22

AI technology should not be considered an "inventor" by U.S. patent law, Google argues in a new filing with the U.S. Patent and Trademark Office. From a report: USPTO is currently soliciting comments on AI technologies and inventorship -- asking people, among other things, how AI is being used in creating inventions and whether its contributions would qualify it for treatment as a joint inventor. Questions posed by USPTO include: "If an AI system contributes to an invention at the same level as a human who would be considered a joint inventor, is the invention patentable under current patent laws? Are there situations in which AI-generated contributions are not owned by any entity and therefore part of the public domain?"
Google

Google, Sonos Head To Trial in Contentious Smart Speaker Patent Fight (reuters.com) 8

Sonos and Alphabet's Google will face off in a San Francisco federal trial on Monday over claims that Google copied Sonos' patented smart-speaker technology in wireless audio devices like Google Home and Chromecast Audio. From a report: The case is part of a sprawling intellectual property dispute between the former business partners that includes other lawsuits in the U.S., Canada, France, Germany and the Netherlands. Sonos has asked the court for $90 million in damages from Google in the San Francisco case, down from $3 billion after U.S. District Judge William Alsup narrowed the case, according to a Google court filing. Sonos alleges Google infringed two of its patents related to multi-room wireless audio. Google spokesperson Jose Castaneda said the case relates to "some very specific features that are not commonly used," and that Sonos "mischaracterized our partnership and technology."
AI

The Rapid Rise of Generative AI Threatens To Upend US Patent System (ft.com) 60

Intellectual property laws cannot handle possibility artificial intelligence could invent things on its own. From a report: When members of the US supreme court refused this week to hear a groundbreaking case that sought to have an artificial intelligence system named as the inventor on a patent, it appeared to lay to rest a controversial idea that could have transformed the intellectual property field. The justices' decision, in the case of Thaler vs Vidal, leaves in place two lower court rulings that only "natural persons" can be awarded patents. The decision dealt a blow to claims that intelligent machines are already matching human creativity in important areas of the economy and deserve similar protections for their ideas. But while the court's decision blocked a potentially radical extension of patent rights, it has done nothing to calm growing worries that AI is threatening to upend other aspects of intellectual property law.

The US Patent and Trademark Office opened hearings on the issue this week, drawing warnings that AI-fuelled inventions might stretch existing understandings of how the patent system works and lead to a barrage of litigation. The flurry of concern has been prompted by the rapid rise of generative AI. Though known mainly from OpenAI's ChatGPT, the same technology is already being used to design semiconductors and suggest ideas for new molecules that might form the basis of useful drugs. For now, such uses of AI do not appear to pose a serious challenge to the patent system since the technology is being used as a tool to help humans shape ideas rather than operating independently, said Chris Morgan, an IP partner at law firm Reed Smith. However, referring to the possibility that AI systems might one day come up with inventions on their own, she added: "Our laws are not equipped, the way they're written right now, to handle that scenario."

EU

EU Sets Out Patent Rules for Smart Technology To Limit Lawsuits (reuters.com) 8

The European Commission proposed rules on Thursday to govern patents increasingly in demand for technologies used in smart devices such as drones, connected cars and mobile phones, to try to reduce litigation. From a report: The Commission said the system for what are known as standard-essential patents (SEPs), was fragmented, lacked transparency, led to lengthy disputes and that self-regulation had not worked. SEPs protect technology such as for 5G, Wi-Fi or Bluetooth that is needed by equipment producers to comply with international standards.
NASA

NASA Demonstrates a Breakthrough In 3D Printable High-Temperature Materials (scitechdaily.com) 51

NASA has developed a new superalloy called GRX-810 that could lead to stronger, more durable parts for airplanes and spacecraft. SciTechDaily reports: GRX-810 is an oxide dispersion strengthened alloy. In other words, tiny particles containing oxygen atoms spread throughout the alloy enhance its strength. Such alloys are excellent candidates to build aerospace parts for high-temperature applications, like those inside aircraft and rocket engines, because they can withstand harsher conditions before reaching their breaking points. Current state-of-the-art 3D printed superalloys can withstand temperatures up to 2,000 degrees Fahrenheit. Compared to those, GRX-810 is twice as strong, over 1,000 times more durable, and twice as resistant to oxidation.

"This new alloy is a major achievement," said Dale Hopkins, deputy project manager of NASA's Transformational Tools and Technologies project. "In the very near future, it may well be one of the most successful technology patents NASA Glenn has ever produced." GRX-810 was developed under NASA's Transformational Tools and Technologies project, with support from the agency's Game Changing Development Program.
The peer-reviewed paper has been published in the journal Nature.
AI

Supreme Court Rejects Computer Scientist's Lawsuit Over AI-Generated Inventions (reuters.com) 69

The U.S. Supreme Court on Monday declined to hear a challenge by computer scientist Stephen Thaler to the U.S. Patent and Trademark Office's refusal to issue patents for inventions his AI system created. From a report: The justices turned away Thaler's appeal of a lower court's ruling that patents can be issued only to human inventors and that his AI system could not be considered the legal creator of two inventions that he has said it generated. Thaler founded Imagination Engines Inc, an advanced artificial neural network technology company based in Saint Charles, Missouri. According to Thaler, his DABUS system, short for Device for the Autonomous Bootstrapping of Unified Sentience, created unique prototypes for a beverage holder and emergency light beacon entirely on its own.

The U.S. Patent and Trademark Office and a federal judge in Virginia rejected his patent applications for the inventions on the grounds that DABUS is not a person. The patent-focused U.S. Court of Appeals for the Federal Circuit upheld those decisions last year and said U.S. patent law unambiguously requires inventors to be human beings. Thaler told the Supreme Court that AI is being used to innovate in fields ranging from medicine to energy, and that rejecting AI-generated patents "curtails our patent system's ability - and thwarts Congress's intent - to optimally stimulate innovation and technological progress."

Businesses

When Apple Comes Calling, 'It's the Kiss of Death' (wsj.com) 139

Aspiring partners accuse Apple of copying their ideas. From a report: It sounded like a dream partnership when Apple reached out to Joe Kiani, the founder of a company that makes blood-oxygen measurement devices. He figured his technology was a perfect fit for the Apple Watch. Soon after meeting him, Apple began hiring employees from his company, Masimo, including engineers and its chief medical officer. Apple offered to double their salaries, Mr. Kiani said. In 2019, Apple published patents under the name of a former Masimo engineer for sensors similar to Masimo's, documents show. The following year, Apple launched a watch that could measure blood oxygen levels. "When Apple takes an interest in a company, it's the kiss of death," said Mr. Kiani. "First, you get all excited. Then you realize that the long-term plan is to do it themselves and take it all." Mr. Kiani is one of more than two dozen executives, inventors, investors and lawyers who described similar encounters with Apple. First, they said, came discussions about potential partnerships or integration of their technology into Apple products. Then, they said, talks stopped and Apple launched its own similar features.

Apple said that it doesn't steal technology and that it respects the intellectual property of other companies. It said Masimo and other companies cited in this article are copying Apple, and that it would fight the claims in court. Apple has tried to invalidate hundreds of patents owned by companies that have accused Apple of violating their patents. According to lawyers and executives at some smaller companies, Apple sometimes files multiple petitions on a single patent claim and attempts to invalidate patents unrelated to the initial dispute. Many large companies, particularly in tech, have been known to scoop up employees and technology from smaller potential rivals. Software developers have given a name to what they describe as Apple's behavior in such cases: sherlocking. The term refers to an episode about two decades ago, when Apple released a software product called "Sherlock" that helped users find files on its Mac computers and perform internet searches.

The Courts

Google Wins Appeal of $20 Million US Patent Verdict Over Chrome Technology 25

Alphabet's Google on Tuesday convinced a U.S. appeals court to cancel three anti-malware patents at the heart of a Texas jury's $20 million infringement verdict against the company. Reuters reports: The U.S. Court of Appeals for the Federal Circuit said (PDF) that Alfonso Cioffi and Allen Rozman's patents were invalid because they contained inventions that were not included in an earlier version of the patent. Cioffi and the late Rozman's daughters sued Google in East Texas federal court in 2013, alleging anti-malware functions in Google's Chrome web browser infringed their patents for technology that prevents malware from accessing critical files on a computer.

A jury decided in 2017 that Google infringed the patents and awarded the plaintiffs $20 million plus ongoing royalties, which their attorney said at the time were expected to total about $7 million per year for the next nine years. But the Federal Circuit said Tuesday that all of the patents were invalid. The three patents were reissued from an earlier anti-malware patent, and federal law required the new patents to cover the same invention as the first, the unanimous three-judge panel concluded. The appeals court said the new patents outlined technology specific to web browsers that the first patent did not mention.
Patents

Google Must Face Trial Over Sonos Patents, California Judge Says (reuters.com) 6

Alphabet's Google received a mixed ruling on Thursday from a San Francisco federal judge in a patent lawsuit brought by Sonos over wireless audio technology, failing to invalidate all of the patents before a trial but narrowing Sonos' claims. Reuters reports: The case, set for trial May 8, is part of a contentious intellectual property dispute between the former business partners over their smart speakers that includes lawsuits in the United States, Canada, France, Germany and the Netherlands. Sonos won a limited import ban on some Google devices from the U.S. International Trade Commission (ITC) last year, while Google has sued Sonos for patent infringement at the ITC and in California. [...]

Sonos accused Google in the San Francisco case of infringing four patents related to multi-room wireless speaker technology. U.S. District Judge William Alsup previously invalidated one of the patents and determined Google infringed another. Alsup found Thursday that a second Sonos patent was also invalid, but rejected Google's request to cancel the remaining two patents before trial. The judge also said Google did not infringe one of the surviving patents willfully, reducing Sonos' potential damages. Alsup also said he would hold a separate bench trial after the jury trial to determine whether Google's redesigned speakers infringe Sonos' patents.

Television

Dish Hit With $469 Million Verdict Over Commercial-Skipping Technology (reuters.com) 15

Dish Network must pay $469 million for infringing two patents held by parental-control technology maker ClearPlay related to filtering material from streaming video, a jury in U.S. federal court in Utah has decided. From a report: The jury in Salt Lake City reached its decision on Friday in ClearPlay's lawsuit against Dish, finding that Dish's AutoHop feature for skipping commercials on its Hopper set-top boxes is covered by ClearPlay's patents. While jurors found that Dish's technology violated ClearPlay's patent rights, they rejected ClearPlay's contention that Dish copied its technology intentionally. A Dish spokesperson said on Monday that the company was disappointed in the jury's decision and will contest the verdict, potentially through an appeal. Representatives for ClearPlay did not immediately respond to requests for comment on Monday.
China

China Leads US in Global Competition for Key Emerging Technology, Study Says (reuters.com) 37

China has a "stunning lead" in 37 out of 44 critical and emerging technologies as Western democracies lose a global competition for research output, a security think tank said on Thursday after tracking defence, space, energy and biotechnology. From a report: The Australian Strategic Policy Institute (ASPI) said its study showed that, in some fields, all of the world's top 10 research institutions are based in China. The study, funded by the United States State Department, found the United States was often second-ranked, although it led global research in high-performance computing, quantum computing, small satellites and vaccines. "Western democracies are losing the global technological competition, including the race for scientific and research breakthroughs," the report said, urging greater research investment by governments.

China had established a "stunning lead in high-impact research" under government programs. The report called for democratic nations to collaborate more often to create secure supply chains and "rapidly pursue a strategic critical technology step-up." ASPI tracked the most-cited scientific papers, which it said are the most likely to result in patents. China's surprise breakthrough in hypersonic missiles in 2021 would have been identified earlier if China's strong research had been detected, it said. "Over the past five years, China generated 48.49% of the world's high-impact research papers into advanced aircraft engines, including hypersonics, and it hosts seven of the world's top 10 research institutions," it said.

Patents

Dell and Partners Smash Patent Troll WSOU in Court (beehiiv.com) 37

In the land of patent litigation, all patent trolls want to file in the US Western District of Texas Court. This court is infamous for being sympathetic to patent plaintiffs. That's why patent litigator WSOU Investments, aka Brazos Licensing and Development, went after Dell, EMC, and VMware in this Court. Usually, this would have been the smart move. Not this time. District Judge Alan Albright granted the defendants a directed verdict, and that was the end of the matter. From a report: What happened was this: WSOU, although successful before with their carpet bombing patent lawsuit strategy, failed this time. According to the lead defense counsel and Gibson Dunn partner, Brian A. Rosenthal, "This case got to trial because the plaintiff refused to come to their senses before trial. We obtained a number of serious exclusions of evidence prior to trial, and told them very early on the case had no merit." The judge agreed.

That came as a surprise to those of us who watch patent lawsuits, so you don't have to. As Heather Meeker, the well-known open-source and intellectual property (IP) lawyer, said, "This is surprisingly defendant-friendly from Judge Albright, who has received a lot of criticism for making Waco such a patent plaintiff-friendly docket." Until now, WSOU had been very successful. As a Patent Assertion Entity (PAEs), its only goal is to profit by acquiring patents and then suing companies that might be using the patents' intellectual property (IP) assets. It does this by using its portfolio of technology patents to file numerous individual suits involving different patents against companies. WSOU's main tactic, as Unified Patents put it, "forces operating companies to either settle or fight, on average, eight lawsuits at once."

Most companies faced with the financial burden of struggling with so many lawsuits settle rather than fight. Not this time. For the first time, companies decided to take the issues to court. In this particular set of cases, WSOU claimed in a June 2020 lawsuit that the defendants had infringed on three cloud infrastructure networking patents, and sought $435 million in damages. Rosenthal argued that the patents in question were old and irrelevant to the defendants' interests. The defense team had informed WSOU in October 2020 that there was no proof of direct infringement, but the plaintiff persisted with the case, leading to exclusions of evidence prior to trial. So it was that on the first day of the trial, two of the patents were tossed out on evidentiary rulings, and the plaintiff rested its case on the third day. The defense then requested a directed verdict, which was granted by Albright, resulting in a win for the defendants. In short, even this patent-friendly court could find no evidence at all for WSOU's assertions.

Businesses

OpenAI Is Now Everything It Promised Not To Be: Corporate, Closed-Source, and For-Profit (vice.com) 115

OpenAI is today unrecognizable, with multi-billion-dollar deals and corporate partnerships. From a report: OpenAI was founded in 2015 as a nonprofit research organization by Altman, Elon Musk, Peter Thiel, and LinkedIn cofounder Reid Hoffman, among other tech leaders. In its founding statement, the company declared its commitment to research "to advance digital intelligence in the way that is most likely to benefit humanity as a whole, unconstrained by a need to generate financial return." The blog stated that "since our research is free from financial obligations, we can better focus on a positive human impact," and that all researchers would be encouraged to share "papers, blog posts, or code, and our patents (if any) will be shared with the world."

Now, eight years later, we are faced with a company that is neither transparent nor driven by positive human impact, but instead, as many critics including co-founder Musk have argued, is powered by speed and profit. And this company is unleashing technology that, while flawed, is still poised to increase some elements of workplace automation at the expense of human employees. Google, for example, has highlighted the efficiency gains from AI that autocompletes code, as it lays off thousands of workers. When OpenAI first began, it was envisioned as doing basic AI research in an open way, with undetermined ends. Co-founder Greg Bockman told The New Yorker, "Our goal right now...is to do the best thing there is to do. It's a little vague." This resulted in a shift in direction in 2018 when the company looked to capital resources for some direction. "Our primary fiduciary duty is to humanity. We anticipate needing to marshal substantial resources to fulfill our mission," the company wrote in an updated charter in 2018. By March 2019, OpenAI shed its non-profit status and set up a "capped profit" sector, in which the company could now receive investments and would provide investors with profit capped at 100 times their investment.

Transportation

Future Fords Could Repossess Themselves, Drive Away If You Miss Payments (thedrive.com) 180

An anonymous reader quotes a report from The Drive: Ford applied for a patent to make the repossession process go smoother. For the bank, that is. The patent document was submitted to the United States Patent Office in August 2021 but it was formally published Feb. 23. It's titled "Systems and Methods to Repossess a Vehicle." It describes several ways to make the life of somebody who has missed several car payments harder.

It explicitly says the system, which could be installed on any future vehicle in the automaker's lineup with a data connection would be capable of "[disabling] a functionality of one or more components of the vehicle." Everything from the engine to the air conditioning. For vehicles with autonomous or semi-autonomous driving capability, the system could "move the vehicle from a first spot to a second spot that is more convenient for a tow truck to tow the vehicle... move the vehicle from the premises of the owner to a location such as, for example, the premises of the repossession agency," or, if the lending institution considers the "financial viability of executing a repossession procedure" to be unjustifiable, the vehicle could drive itself to the junkyard.

No other automakers have recently attempted to patent a similar system, and indeed the Ford patent doesn't reference any other legal document for the sake of clarifying its idea. All of this being said, patent documents, especially applications like this one, do not necessarily represent an automaker's intent to introduce the described feature, process, or technology to its vehicles. Ford might just be attempting to protect this idea for the sake of doing so. The document does go into a lot of detail as to how such a system might work, though.

The Courts

Biden Won't Stop a Potential Ban On Importing Apple Watches (theverge.com) 36

Medical device maker AliveCor announced today that President Biden has upheld an International Trade Commission ruling that could result in a potential import ban on the Apple Watch over its EKG feature. The Verge reports: Back in December, the ITC issued a final determination (PDF) that Apple had infringed on AliveCor's wearable EKG tech. In the ruling, the ITC recommended a limited exclusion order and a cease-and-desist order for Apple Watch models with EKG features. If enforced, that would mean that Apple would no longer be able to import Apple Watch with EKG capabilities into the US for sale. According to Apple spokesperson Hannah Smith, the company will appeal the ITC's decision to the Federal Circuit.

A veto from Biden would have rendered the issue moot. According to The Hill, while presidents generally don't interfere with ITC rulings, in 2013, former President Obama vetoed a similar import ban after the ITC ruled that iPhones and iPads infringed on Samsung tech. It's possible that Apple was hoping for history to repeat itself, as it reportedly amped up lobbying last week ahead of Biden's decision.

https://www.theverge.com/2023/1/11/23550036/the-apple-watchs-blood-oxygen-feature-is-at-the-center-of-a-potential-import-ban Biden's decision doesn't mean every Apple Watch from the Series 4 to the Apple Watch Ultra (excluding both generations of the SE) is about to disappear off shelves. Apple's Smith told The Verge the ITC's ruling doesn't have any real impact at the moment. That's because the Patent Trial and Appeal Board recently ruled that AliveCor's EKG tech isn't actually patentable, and AliveCor would have to win its appeal (PDF) to that ruling for any potential ban to take effect. However, AliveCor isn't the only medical tech company that's seeking an import ban on the Apple Watch via the ITC. Masimo also sued Apple for allegedly infringing on five of its pulse oximetry patents. Last month, an ITC judge also ruled in Masimo's favor and will decide whether a potential import ban is warranted in May. If so, that import ban would impact any Apple Watch with an SpO2 sensor (i.e., the Series 6 or later, excluding the SE.)

China

Top Chinese Scientists Sketch Out Plans To Thwart US Chip Curbs (bloomberg.com) 130

Key members of China's most influential scientific body have outlined the country's plan to circumvent US chip sanctions for the first time, codifying Beijing's view of how it could win a crucial technological conflict with Washington. From a report: Two of the country's senior academics wrote that Beijing should amass a portfolio of patents that govern the next generation of chipmaking, from novel materials to new techniques. That should propel its semiconductor ambitions while giving China the clout to push back against US sanctions designed to hamstring its semiconductor sector, Luo Junwei and Li Shushen wrote in the bulletin of the Chinese Academy of Sciences.

The article, published to a social media account affiliated with the academy, offers a rare glimpse into how Beijing thinks about and might react to the Biden administration's escalating hostilities over semiconductors. The academy advises China's top decision makers and the article echoes remarks by President Xi Jinping calling for victory in developing core technologies. It comes as the country's new technology overseer outlined his vision for moving past American sanctions, stressing the need to modernize and rectify weak links in its supply chain. China has a plan to develop next-generation chip materials that it put in place in 2020 as a reaction to Trump-era restrictions. Yet that national strategy has yet to yield a technological edge on the world's leading chipmakers. Washington has implemented a series of measures limiting exports of technology such as chipmaking gear and artificial intelligence processors to China, part of a broader set of technology sanctions.

Patents

Apple Patent Describes a Way To Read Back iMessages In the Sender's Voice (9to5mac.com) 39

A new Apple patent application describes a way to transform an iMessage to a voice note. In this way, the recipient can choose to have your message read to them not in Siri's voice, but in yours. 9to5Mac reports: In other words, when you send an iMessage, your phone would offer you the option to attach a voice file. This file would be automatically created and stored on your phone, based on your use of Siri. If you do this, the recipient would be asked whether they want to receive the voice file as well as the message. If they choose to do this, then both that message and any subsequent messages from you can be read in a simulation of your voice. The patent also allows for the voice file to be sent on its own, so you can do it ahead of time with selected contacts, so there's no delay in downloading it when a message arrives.
AI

Creator of Linux Virtual Assistant Blames 'Patent Troll' For Project's Death (theregister.com) 13

Laura Dobberstein writes via The Register: Mycroft AI, creator of a Linux-based virtual assistant, announced on Friday it would not be able to fulfill rewards for its Mark II Kickstarter campaign. Furthermore, without immediate new investment, the company will be forced to cease development by the end of the month, said the company's former CEO and operator of the Kickstarter campaign, Joshua Montgomery. "We will still be shipping all orders that are made through the Mycroft website, because these sales directly cover the costs of producing and shipping the products," confirmed Montgomery. He said the company was now at bare-bones employee count: layoffs had reduced the staff down to two developers, one customer service agent and one attorney. Montgomery said he had "poured a lot of [his] own savings, and additional funding from [his] foundation into Mycroft" but the company was running out of cash.

Mycroft AI experienced many challenges one would expect to encounter at a startup, such as difficulty finding hardware partners, which forced it to resort to off-the-shelf parts. [...] But what truly killed the company and product, he claimed, were expenses related to ongoing litigation. In 2020, Mycroft AI was sued for patent infringement from what it labeled a "patent troll." The company suing Mycroft AI, Voice Tech Corporation, dropped its litigation, but not before costing the startup deeply. "If we had that million dollars we would be in a very different state right now," said Montgomery. Billed as an "open answer" to Amazon Echo and Google Home but with data privacy, the Mark II went from costing $99 in components each to $300. That total doesn't include the costs of spending $100,000 on injection molds. The product currently sells on the company's website for $499.

The Kickstarter campaign brought in 2,245 backers for the smart speaker and raised over $394,000. The goal had been set at a mere $50,000. It's uncertain how many backers received a Mark II. Backers have left disappointed and upset responses on its Kickstarter page -- some mourning the death of hardware crowdsourcing, some pleading for their product, some alleging scam, and others urging the company to push through. "Send us the components to assemble the pieces ourselves if that's the outstanding problem at this point," offered one Kickstarter supporter. "Why can't we make it into a group project to assemble MyCroft II in our homes?" "I don't mind that I don't get my Mark II: the bigger goal of open source artificial intelligence was more important to me," said another.

Open Source

'Mycroft' Open-Source Voice Assistant Out of Funds, Can't Fulfill Remaining Kickstarter Rewards (kickstarter.com) 46

In 2019 Slashdot covered Mycroft, an open-source voice assistant for Linux-based devices (including Raspberry Pi boards). But this week the company's CEO posted on Kickstarter that "without immediate new investment, we will have to cease development by the end of the month....

"We will still be shipping all orders that are made through the Mycroft website, because these sales directly cover the costs of producing and shipping the products. However we do not have the funds to continue fulfilling rewards from this crowdfunding campaign, or to even continue meaningful operations."

The announcement details Mycroft's long, strange trip, from a hardware-focused partner that couldn't provide stable hardware to their switch to using off-the-shelf parts — followed by supply chain disruptions (with hefty import and manufacturing fees): The best plan we could devise to fulfill the remaining campaign rewards was to use the slim margins we have on new sales to cover the increased costs of hardware production. With that plan in mind, we pushed forward and started production. We got plastic injection molds cast. We started printing custom PCBs. We engaged audio engineers to optimize the quality and volume of the sound output. We got the device FCC and CE approved. Many of these steps took multiple iterations to get right, and there are many more things that I'm glossing over. All up this costs — a lot of money. Far more than the total contributions from the campaign, which is why I personally committed so much additional funding. I could see a clear way forward that strengthened Mycroft as a project, as a business, and as a community.

So what went wrong? The single most expensive item that I could not predict was our ongoing litigation against the non-practicing patent entity that has never stopped trying to destroy us. If we had that million dollars we would be in a very different state right now.

With so much of our focus on hardware, and less funding to devote to improving our software — the quality and features available on the Mark II at launch were clearly underwhelming. It is more robust and stable than it has ever been, but this came at the cost of fewer new features. That in turn I believe has resulted in less than flattering reviews, and little mainstream coverage. The hardware itself has proven itself to be a solid base to work from, but without good reviews you get less sales, and without strong sales, the plan doesn't work.

Thanks to stx23 (Slashdot reader #14,942) for sharing the news.
Biotech

A Drug Company Made $114 Billion Gaming America's Patent System (msn.com) 92

The New York Times looks at the AbbVie's anti-inflammatory drug Humira and their "savvy but legal exploitation of the U.S. patent system." Though AbbVie's patent was supposed to expire in 2016, since then it's maintained a monopoly that generated $114 billion in revenue by using "a formidable wall of intellectual property protection and suing would-be competitors before settling with them to delay their product launches until this year." AbbVie did not invent these patent-prolonging strategies; companies like Bristol Myers Squibb and AstraZeneca have deployed similar tactics to maximize profits on drugs for the treatment of cancer, anxiety and heartburn. But AbbVie's success with Humira stands out even in an industry adept at manipulating the U.S. intellectual-property regime.... AbbVie and its affiliates have applied for 311 patents, of which 165 have been granted, related to Humira, according to the Initiative for Medicines, Access and Knowledge, which tracks drug patents. A vast majority were filed after Humira was on the market.

Some of Humira's patents covered innovations that benefited patients, like a formulation of the drug that reduced the pain from injections. But many of them simply elaborated on previous patents. For example, an early Humira patent, which expired in 2016, claimed that the drug could treat a condition known as ankylosing spondylitis, a type of arthritis that causes inflammation in the joints, among other diseases. In 2014, AbbVie applied for another patent for a method of treating ankylosing spondylitis with a specific dosing of 40 milligrams of Humira. The application was approved, adding 11 years of patent protection beyond 2016.

AbbVie has been aggressive about suing rivals that have tried to introduce biosimilar versions of Humira. In 2016, with Amgen's copycat product on the verge of winning regulatory approval, AbbVie sued Amgen, alleging that it was violating 10 of its patents. Amgen argued that most of AbbVie's patents were invalid, but the two sides reached a settlement in which Amgen agreed not to begin selling its drug until 2023.

Over the next five years, AbbVie reached similar settlements with nine other manufacturers seeking to launch their own versions of Humira. All of them agreed to delay their market entry until 2023.

A drug pricing expert at Washington University in St. Louis tells the New York Times that AbbVie and its strategy with Humira "showed other companies what it was possible to do."

But the article concludes that last year such tactics "became a rallying cry" for U.S. lawmakers "as they successfully pushed for Medicare to have greater control over the price of widely used drugs that, like Humira, have been on the market for many years but still lack competition."

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