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USPTO Announces Notice of Proposed Rulemaking for Claim Construction Standard used in PTAB Proceedings

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The USPTO announced today proposed rulemaking for changing its policy related to claim interpretation in Patent Trial and Appeal Board (“PTAB”) proceedings (not including patent examination). Currently, the broadest reasonable interpretation (“BRI”) standard is applied when analyzing claims. The proposed new rules would result in “the same as the standard applied in federal district courts and International Trade Commission (“ITC”) proceedings;” i.e., “ordinary and customary meaning” according to “a person of ordinary skill in the art in question at the time of the invention,”[1] and “reasonable certainty” for definiteness analysis[2]. In addition, it is proposed that the USPTO/PTAB “will consider any prior claim construction determination concerning a term of the involved claim in a civil action, or an ITC proceeding, that is timely made of record in an IPR, PGR, or CBM proceeding.”

The Notice of Proposed Rulemaking is scheduled to publish tomorrow, May 9, 2018. The comment period is scheduled to end 60 days from publication—July 8, 2018. The unpublished Proposed Rule can be found here.

It appears that the USPTO and the PTAB are reacting to recent Supreme Court decisions, e.g., Oil States and SAS (See our summary of these cases here). Or perhaps, this is the next step in USPTO Director Andrei Iancu’s pledge to “provide reliable, predictable and high quality IP rights.” In any case, it is clear that there are still many changes coming to post grant proceedings before the USPTO.

BioLoquitur will continue to monitor these developments and will keep you informed of changes.


[1] Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005).

[2] See, Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120, 2124 (2014).

Source: https://www.bioloquitur.com/uspto-announces-notice-proposed-rulemaking-claim-construction-standard-used-ptab-proceedings/

Blockchain

Cardano must remain above this level to revive from current lows or else…

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Cardano, following the lead of Bitcoin and Ethereum was falling today. In fact, in some ways, the third-generation coin has been following the second-generation coin. ADA’s price movement has been imitating ETH’s price action. It is important to consider what this means for the investors. We know they are hit by losses but how bad is that hit? Can they recover from it?

Cardano following Ethereum?

The coin has seen a consistent price fall in the same 5 day period as Ethereum did, falling by 15.08% at press time. At $2.12, things do not look good for ADA holders.

Cardano’s 15.08% drop | Source: TradingView – AMBCrypto

Those who bought ADA for around $2.41, are presently struggling to sell their holdings. As mentioned due to the price falling to $2.14 these people are dealing in losses. At the moment they represent 67% of all ADA investors.

The addresses in profits did not suffer much, however, but those at break-even did. These addresses went into losses and the total number of addresses in loss rose by 4%.

4% Cardano addresses move into losses | Source: Intotheblock – AMBCrypto

These losses further led to the average balance on every Cardano holders’ address dropping from $40k to $37k.

Cardano addresses’ average balance falls | Source: Intotheblock – AMBCrypto

So are there any hopes of recovery?

Hopes of recovery are alive but for that Cardano will have to maintain its strength somehow. Already its correlation to Bitcoin has dropped to 0.71. 

But that hasn’t stopped bullish investors from trying to gain as much profit as possible. The market books show a 16 million ADA worth $34.2 million higher demand for buying even during such a market.

Cardano continues to be bought | Source: Intotheblock – AMBCrypto

At present, $2 is the immediate and critical support. To minimize losses Cardano must remain above it as a fall from it could lead to further downfall.

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Source: https://ambcrypto.com/cardano-must-remain-above-this-level-to-revive-from-current-lows-or-else

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Webcams Site, BongaCams, Becomes Next Major Player to Accept Dogecoin

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The success and popularity of the cryptocurrency asset, Dogecoin, continues to trend upward as BongaCams has just become the next on a growing list of market-leading companies announcing their adoption of the digital currency as a payment option.  Dogecoin, now the world’s 8th largest digital asset, is surging once again and continues to enjoy support from investors and celebrities alike, including Tesla CEO Elon Musk, who has tweeted favorable comments about the currency on multiple occasions, even calling Dogecoin the “future currency of Earth.”

BongaCams, the biggest webcam site on the web, and recipient of multiple industry awards, has formally announced that they will be the next major name to begin accepting Dogecoin.  BongaCams has built a reputation for being closely aligned to the needs of their customers and the company has made extensive efforts to provide an accessibility experience that is fast, easy, and comfortable.  When it came to offering payment options that customers wanted BongaCams couldn’t ignore all that DogeCoin had to offer in terms of fast and anonymous payment options for their customers, and broad market acceptance.

And what’s not to love about Dogecoin?  After soaring 15,000% in value and reaching a market cap of $88 billion, the cryptocurrency has built one of the largest and most active communities in the cryptocurrency world and is now considered a great alternative for payment options.  Dogecoin’s popularity along with the abundant praise from research analysts who expect the ascent to continue have helped Dogecoin succeed where other cryptocurrency coins have struggled.

For those interested in using Dogecoin as a payment option – BongaCams offers wide array of helpful resources and exchange services with instructions on how to easily purchase Dogecoin online.
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Source: https://www.livebitcoinnews.com/webcams-site-bongacams-becomes-next-major-player-to-accept-dogecoin/>

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The IRS says it plans to award contract for crypto startup’s cross-chain tracing software

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A notice published last week by the Internal Revenue Service indicates that the U.S. tax agency wants to beef up its capacity to track cross-chain transactions.

The term “cross-chain” generally applies to the ability for two or more blockchain networks to interact or communicate with one another, often in the context of users being able to transact from one to the next via so-called bridges. The IRS notice, published on September 16, suggests that the agency wants more insight into these processes as part of its criminal investigatory efforts.

The notice states:

“There are multiple cryptocurrency tracing platforms in the market today, however based on the way blockchain technology works, a significant portion of the intelligence and coverage each provides is unique to each provider. Additionally, the TRM Forensics Web-Based tool provides unique capabilities not currently found in tools from other providers. CCU is requesting this specific platform due to its cross-chain analysis tracing capabilities and unique methods for visualizing various cryptocurrencies across blockchains.”

The notice refers to a contract it wishes to award to TRM Labs Inc., a U.S.-based company. TRM raised a $14 million Series A funding round this summer, led by Bessemer Venture Partners. Backers of the company include PayPal Ventures, the payments company’s venture arm.

The Block reported in June that the IRS is seeking a broad expansion of its crypto capabilities. The agency is seeking more funding from Congress in order to grow its crypto-related enforcement efforts and hire outside experts.

On Monday, crypto exchange operator Coinbase struck a deal with the U.S. Department of Homeland Security for the use of its own analytics software.

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Source: https://www.theblockcrypto.com/linked/118092/the-irs-says-it-plans-to-award-contract-for-crypto-startups-cross-chain-tracing-software?utm_source=rss&utm_medium=rss

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