NEWS
October 2008
- In re Bilski
The Court of Appeals for the Federal Circuit has determined that to comprise patentable subject matter under Section 101, an invention as claimed must meet a “machine or transformation” test. The test is most applicable to “process” or method claims, such as those defining methods of doing business, software inventions, methods of game play, chemical processes and the like. In accordance with the test, a claim can satisfy Section 101 by either showing that the claim is tied to a particular machine, or by showing that the claim transforms an article.
Importantly, the Court indicated that prior articulations of Section 101 tests are improper or inadequate and rejected arguments by third parties that the “machine or transformation” test should not be the sole test governing Section 101. In particular, the Court found that the “useful, concrete and tangible result” inquiry set forth in the Court’s own earlier decision in State Street Bank & Trust Co. v. Signature Fin. Group (1998) is inadequate and the improper inquiry. The Court also rejected adoption of a “technological arts test” supported by various third parties.
In view of In re Bilski, new questions will arise as to whether certain previously issued patents are valid. In that the Court decision upheld a finding by the Board of Patent Appeals, it is expected that Examiners at the Patent Office will vigorously apply the “machine or transformation” test during review of patent applications. In the gaming field, it is common for claims to define a method of game play broadly without regard to whether the game is being presented at an electronic gaming machine or at a table. As these claims are not tied to a machine, they the must involve “transformation” or they do not comply with Section 101. Thus, when considering patenting of gaming methods, consideration must be given to whether the invention can be adequately claimed with claims that are tied to a particular machine or via steps that involve some transformation.
October 2008
- Third patent granted on proprietary ring airfoil launcher technology to a Weide & Miller client.
Weide & Miller, Ltd. is pleased to announce that a third patent has now been granted to a Weide & Miller client on a proprietary ring airfoil launcher. This patent further strenthens and expands this technology.
September 2008
- Weide & Miller represent Las Vegas Gaming, Inc. relative to investment and business development agreements with IGT
Weide & Miller represent Las Vegas Gaming, Inc. in its investment and development agreements with IGT. LVGI has agreed to create applications for IGT’s server based gaming systems and IGT has agreed to assist LVGI in those efforts. IGT has also agreed to make an investment in Las Vegas Gaming, Inc. (LVGI) of $11.5 million.
July 2008
- Weide & Miller represents ColePat LLC in the sale of its IP assets to IGT.
Weide & Miller had represented ColePat for a number of years to develop a strong portfolio of patents, patent applications and trademarks. The sale to IGT enabled ColePat to realize its goal of capitalizing on this valuable intellectual property.
June 2008
- Weide & Miller, Ltd. Achieves Patent Protection for Wager-based Domino Games
Weide & Miller's work in the gaming field continues with the issuance of a patent for domino games to Caribbean Cage.
May 2008
- Attorney Ryan Gile has joined Weide & Miller, Ltd.
Weide & Miller, Ltd. is pleased to announce that Ryan Gile has joined the firm. Mr. Gile practes primarily in the areas of trademark prosecution, licensing, monitoring, and enforcement; trademark clearance, infringement analysis, and opinions; intellectual property counseling and licensing; corporate Law and business formation; and business contracts.
January 2008
- Weide & Miller, Ltd. Achieves Patent Protection for Common Mode Noise Cancellation
Weide & Miller, Ltd. is pleased to announce the issuance of U.S. Patent No. 7,315,592 entitled Common Mode Noise Cancellation. This broad patent with 26 allowed claims, protects a proprietary method of noise cancellation in a multi-channel communication system.
December 2007
- Weide & Miller, Ltd. Expands its Relationships with Foreign Attorneys
To better serve its clients, Weide & Miller is continually expanding its network and business relationships with foreign attorneys to establish and maintain protections for our clients intellectual property in expanding foreign markets. Weide & Miller now has business relationships and matters pending in over 38 foreign countries. Using these resources, Weide & Miller is able to pursue protection on a world wide basis.
November 2007
- Weide & Miller Adds Litigation Paralegal
As part of Weide & Miller's growing litigation practice, Weide and Miller has added another litigation paralegal. It is our clients who will benefit from her 18 years of combined litigation and intellectual property experience.
August 2007
- Weide & Miller, Ltd Establishes one of Decade’s Strongest Gaming Trademark Portfolios
The Texas Hold’em Bonus family of marks is one of the strongest and broadest group of trademark families established this decade in the gaming industry. Weide & Miller is pleased to announce another trademark allowance for the mark Progressive Texas Hold’em (with design) to add to the portfolio of federal, state and international trademark rights.
August 2007
- Weide & Miller Welcomes Arthur Pin Tan to the Firm
Arthur Pin Tan has joined Weide & Miller as a full time attorney to supplements our growing patent practice and provide supplemental trademark, copyright and litigation support. Pin’s extensive background in computer science, electronic programming, and open source environments in combination with his law degree are a welcome addition to Weide & Miller.
September 2007
- Weide & Miller, Ltd. assists with $20 to $30 Million Table Game Sale
Weide & Miller, Ltd. assists with Intellectual Property components and transfer as part of sale of Table Game Division from PGIC to Shuffle Masters. The deal, which was value at $20 to $30 million, included numerous U.S. and foreign trademarks, copyrights and patents.
April 2007
- KSR v. Teleflex, No. 04-1350, 550 U.S. ___ (2007). The Supreme Court in a unanimous decision, the Supreme Court rejected the Federal Circuit's teaching, suggestion, or motivation (TSM) test for obviousness holding that in order to determine obviousness, the factfinder must "determine whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue."
January 2007
- Weide & Miller, Ltd. successfully litigated a method patent related to pet toys and reached licensing agreements with multiple infringers.
December 2006
- Weide & Miller, Ltd. provided trademark and copyright analysis related to various new attractions for international amusement park operator.
September 2006
- Weide & Miller, Ltd. completed a merger between major casino operator and company holding intellectual property for player tracking and player promotions.
August 2006
- Weide & Miller, Ltd. successfully litigated a design patent related to gaming product and reached licensing agreement with multiple infringers.
July 2006
- Weide & Miller, Ltd. successfully defended an interactive website owner from claims of libel and slander brought by company whose product was criticized throughout website.
June 2006
- Weide & Miller, Ltd. successfully litigated a multimillion dollar trademark infringement claim related to Las Vegas strip condominium high rise project.
April 2006
- Weide & Miller, Ltd. successfully litigated a trade dress action against related to product packaging of souvenir item.
March 2006
- Weide & Miller, Ltd. successfully brought a declaratory relief action on behalf of owner of message board and listserv accused of libel and slander under safe harbor of 47 U.S.C. § 230, the Communications Decency Act.
February 2006
- Greg Buhyoff, growing Weide & Miller’s Asian-Pacific practice, obtained trademark registration one of Vietnams largest food manufactures and distributors.
- Weide & Miller, Ltd is honored to be cited in IN BUSINESS Journal article, dated Feb. 17, 2006, helping to clarify speech by Jon Dudas, Under Secretary of Commerce for Intellectual Property, and provide guidance to Las Vegas businesses. Link to article
January 2006
- Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Jon Dudas visits Las Vegas to highlight the innovation and economic competitiveness and announcing the American Competitiveness Initiative. In the past 10 years, Nevada has more than doubled the number of patents awarded to residents. In 1994, Nevadans were granted 212 patents; and in fiscal year 2005, they were awarded 461 patents. Nevada also is ranked first in the nation in having the most business start-ups, according to the most recent State New Economy Index.
November 2005
- Weide & Miller, Ltd is pleased to announce the issuance of U.S. Patent No. 6,970,563 directed to System for Fast Scrambling and Descrambling of Data and U.S. Patent No. 6,947,857 directed to Optical Sequence Time Domain Reflectometry During Data Transmission. These patents further protect the intellectual property assets of Mindspeed Technologies.
October 2005
- Weide & Miller prevails on appeal at the U.S. Copyright Office and obtains a registration for Las Vegas based J.J.T., Inc. of its “Royal Flush” poker chip designs. J.J.T. is a leading developer of gaming equipment and Weide & Miller is pleased to continue to expand J.J.T.’s protection for its various products.
September 2005
- Bogar Enterprises is issued a U.S. Patent filed and prosecuted by Weide & Miller directed to the highly successful “Welcome to Fabulous Las Vegas” novelty sign.
September 2005
- Weide & Miller, Ltd. and G2E - a job well done. Weide & Miller, Ltd., in connection with its clients positioned in the gaming and entertainment industry, celebrate a successful 2005 G2E Gaming Show. Weide & Miller’s efforts in securing protection through patent and trademark filings positioned our clients for exclusive rights and licensing opportunities.
June 2005
- Weide & Miller, Ltd, aids in drafting Purchase Agreement and Patent License for technology concerning radio frequency identification for use in a gaming environment. By providing extensive and detailed due diligence and contract review Weide & Miller protects the clients investments.
June 2005
- Solarflare Communications, a leading communication company focusing on 10 gigabit communication for Ethernet applications, has been issued U.S. Patent Number 6,912,208 entitled Method and Apparatus for Equalization and Crosstalk Mitigation. The 48 claims of the ‘Weide & Miller, Ltd. is pleased to represent Solarflare and expand its portfolio to protect it IP and achievements in performing 10 GHz over a twisted pair copper channel.
February 2005
- U.S. Patent No. 6,848,823 issues to Site-b Company. This is the twelve patent filed and prosecuted by Weide & Miller directed to Site-b Company’s highly successful fluid mixer technology. Site-b Company’s mixers are marketed throughout the United States, including The Home Depot, under the SQUIRREL® trademark.