Monday, March 31, 2008

Tessera Patent Panic: What happens when people don't read *all* the words...

EDIT: I'm now pretty damn confused because only a few were even examined originally; so it may in fact be that all that were re-exed were rejected. We'll see what that means soon enough. Or I'll lose $2k.

Tessera received an initial action today from the Patent Office that some people interpreted, once again incorrectly, to mean that their patent had been invalidated. This was exacerbated by idiots posting "ALL CLAIMS REJECTED" onto Yahoo and Google's Finance boards. Awesome.

In reality, only 7 of the 27 claims of the patent in question were dumped. And the remaining 20 were essentially re-affirmed.

Here's my full rant on the boards:

Alright, a lot of people have been fear-mongering OR unintentionally
misreading the USPTO's office action which became available on PAIR
today. (Available here:
Control number:90/008,484)

Let's be clear that the SUMMARY OF ACTION clearly states that SEVEN of
the 27 claims were SUBJECT TO REEXAMINATION and subsequently REJECTED

The remaining 20 claims were "not subject to reexamination," which
actually in force makes them stronger.

Summary of action:
1a. Claims 1,5,6,17,18,21 and 22 are subject to reexamination
1b. Claims 2-4,7-16,19,20 and 23-27 are not subject to reexamination
4. Claims 1,5,6,17,18,21 and 22 are rejected.

Now before we take a look at the claim language from the actual
patent, US Patent Number 5,679,977 (Available here:,

let's consider:
A) The patent is in full-force and effect while the case is being
B) The claim is non-final office action, and Tessera will appear it

And now let's look at the claims and examine which have been rejected--
mostly the non-specific elements. Now, that's not to say that those
elements don't narrow it down to the scope of exactly what's at issue
here. It's not to say that I even know anything about the specificity
with which the patent examiner has knocked down certain claims over
others. It *is* to say that the specifics have been mostly upheld and
that MOST of the patent is intact and survivable in that form. Not
only that, but before an appeal even, those elements are "not subject
to reexamination" and thus COMPLETELY LOCKED as valid.

Please feel free to correct me if I'm wrong about any of this. I am
not a patent officer, attorney, lawyer or anyone even remotely
intelligent in any of these fields, or in trading in general. I am
just offering the facts as *I* see them, since I'm sick of reading
"ZOMG THE PATENT IS GONE" based on a 10 word wire piece. Seriously,

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