House Judiciary Mark-Up Transcript
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In the United States District Court for the District of Delaware
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHURE INCORPORATED and ) SHURE ACQUISITION HOLDINGS, INC., ) ) Plaintiffs, ) ) v. ) Civil Action No. 19-1343-RGA-CJB ) CLEARONE, INC., ) ) Defendant. ) REPORT AND RECOMMENDATION In this action filed by Plaintiffs Shure, Inc. and Shure Acquisition Holdings, Inc. (collectively “Plaintiffs” or “Shure”) against Defendant ClearOne, Inc. (“Defendant” or “ClearOne”), presently before the Court is the matter of claim construction. The Court recommends that the District Court adopt the construction set forth below. I. BACKGROUND Shure and ClearOne are competitors in the installed audio-conferencing market. (D.I. 64 at ¶¶ 14-15; see also D.I. 22 at 1; D.I. 40 at 1) On July 18, 2019, Shure filed the instant action against ClearOne in this Court. (D.I. 1)1 On November 19, 2019, Shure filed the operative Second Amended Complaint (“SAC”), in which it first asserted the patent at issue in this Report and Recommendation, United States Design Patent No. D865,723 (the “'723 patent”). (D.I. 64) The '723 patent is entitled “Array Microphone Assembly” and it issued on November 5, 2019. (D.I. 239, ex. 1 (hereinafter, “'723 patent”)) It is a continuation of a parent application filed on April 30, 2015, which matured into U.S. Patent No. 9,565,493 (the “'493 patent”). (Id. 1 The parties have also been involved in litigation against each other in the United States District Court for the Northern District of Illinois since April 2017. (See D.I. 155 at 2-3) at 1-2; id., ex. 4 at 1 (hereinafter, “'493 patent”))2 Further details concerning the '723 patent will be addressed below in Section III. -
051205 Congress Reform
SPECIAL PRESENTATION “A PROPOSAL TO MAKE CONGRESS WORK AGAIN: A PANEL DISCUSSION ON PROPOSED CHANGES IN THE RULES AND PROCEDURES OF THE U.S. HOUSE OF REPRESENTATIVES” MODERATOR: SCOTT LILLY, SENIOR FELLOW, CENTER FOR AMERICAN PROGRESS FEATURING: REP. DAVID OBEY, (D-WI), RANKING MEMBER, COMMITTEE ON APPROPRIATIONS REP. BARNEY FRANK, (D-MA), RANKING MEMBER, COMMITTEE ON FINANCIAL SERVICES REP. DAVID PRICE, (D-NC), MEMBER, COMMITTEE ON APPROPRIATIONS REP. TOM ALLEN, (D-ME), MEMBER, COMMITTEE ON ENERGY AND COMMERCE NORM ORNSTEIN, RESIDENT SCHOLAR, AMERICAN ENTERPRISE INSTITUTE; COAUTHOR, BROKEN BRANCH 12:00 PM – 1:30 PM MONDAY, DECEMBER 05, 2005 TRANSCRIPT PROVIDED BY DC TRANSCRIPTION & MEDIA REPURPOSING JOHN PODESTA: (In progress) – Center for American Progress. And I want to welcome you here for the presentation of “A Proposal to Make Congress Work Again.” I want to begin by welcoming our panelists. We’re joined, in addition to our senior fellow, Scott Lilly, by Congressman David Obey, Congressman Barney Frank, Congressman David Price, Congressman Tom Allen, and Norm Ornstein. I think that people on both sides of the aisle will join me in saying, in addition to these senior members and Norm, these are people who care about Congress, who care about the House, who indeed care about our democracy. And I think, as the title of this panel implies, “Making Congress Work Again” – I think it is clear that things on Capitol Hill, and I think particularly in the House of Representatives, have gotten seriously off-track. That’s why I think this package that these senior members have pulled together is so vital. -
The “Article of Manufacture” Today
Harvard Journal of Law & Technology Volume 31, Number 2 Spring 2018 THE “ARTICLE OF MANUFACTURE” TODAY Sarah Burstein* TABLE OF CONTENTS I. INTRODUCTION .............................................................................. 782 II. BACKGROUND .............................................................................. 785 A. Design Patentable Subject Matter ............................................ 785 B. Design Patent Claiming & Infringement ................................. 786 C. Remedies for Design Patent Infringement ............................... 788 III. WHAT IS THE “ARTICLE OF MANUFACTURE” IN § 289?.............. 789 A. The Apple/Nordock Rule .......................................................... 791 B. The Supreme Court Weighs In ................................................. 791 IV. WHY COURTS SHOULD NOT ADOPT THE GOVERNMENT’S APPROACH .................................................................................... 793 A. The Test .................................................................................... 794 1. The Underlying Premise ........................................................ 795 2. The Factors ............................................................................ 797 B. The Nature of the Inquiry ......................................................... 802 1. A Case-by-Case Inquiry? ...................................................... 802 2. Is it a Question of Fact or Law? ............................................ 807 C. The Burden of Proof................................................................ -
United States District Court Middle District of Tennessee Nashville Division
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION TUITIONFUND, LLC, ) ) Plaintiff, ) ) v. ) No. 3:11-00069 ) Judge Sharp SUNTRUST BANKS, INC. et al., ) ) Defendants. ) ORDER Pending before the Court is a Motion to Stay Pending Inter Partes Reexamination (Docket No. 207) filed by Defendants SunTrust Banks, Inc., SunTrust Bank, Vesdia Corporation, and Cartera Commerce, Inc. (collectively the “Vesdia Defendants”), to which Plaintiff Tuitionfund LLC has responded in opposition (Docket No. 211). The Court heard oral arguments on the motion on September 24, 2012, after which the Vesdia Defendants filed a Sealed Supplement Brief in further support of their request for a stay. For the following reasons, the Motion to Stay will be denied. In a related case, TuitionFund LLC v. First Horizon Nat’l Corp. et al., No. 3:11-0852 (“First Horizon”), the Court was presented with a similar request for a stay pending reexamination of the patents in suit. In denying the request, the Court wrote: In determining whether to exercise its discretion to impose a stay pending the USPTO’s reexamination, Courts primarily consider three factors: “(1) whether a stay would unduly prejudice or present a clear tactical disadvantage to the non-moving party; (2) whether a stay will simplify the issues in question and trial of the case; and (3) whether discovery is complete and whether a trial date has been set.” Protective Indus., Inc. v. Ratermann Mfg., Inc., No. 3:10-1033, 2010 WL 5391525 at *2 (M.D. Tenn. Dec. 22, 2010) (internal quotation marks omitted) (quoting Lincoln Electric v. Miller Electric Mfg. -
In the United States District Court for the District of Kansas
Case 6:17-cv-01217-EFM-ADM Document 37 Filed 02/13/19 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS LOGANTREE LP, Plaintiff, vs. Case No. 17-1217-EFM-KGS GARMIN INTERNATIONAL, INC. and GARMIN USA, INC., Defendants. MEMORANDUM AND ORDER Defendants Garmin International, Inc., and Garmin USA, Inc. (collectively “Garmin”) move this Court for a stay pending inter partes review (“IPR”) of the patent in suit. In addition, Garmin moves the Court for an intra-district transfer for trial to Kanas City, Kansas. As explained below, the Court grants Garmin’s motion to stay the case until the Patent Trial and Appeal Board (“PTAB”) issues its decisions regarding Garmin’s IPRs. Furthermore, because the PTAB’s decision could simplify the issues in the case such that Plaintiff LoganTree LP no longer has a claim for infringement, the Court denies Garmin’s motion for intra-district transfer for trial without prejudice. I. Factual and Procedural Background Plaintiff LoganTree LP filed this patent infringement suit on August 23, 2017, alleging that Garmin’s accelerometer-based activity trackers infringe its U.S. Patent No. 6,059,576 (the Case 6:17-cv-01217-EFM-ADM Document 37 Filed 02/13/19 Page 2 of 8 ‘576 Patent). In February 2018, Garmin filed two petitions for IPR with the PTAB covering 52 of the 185 claims of the ‘576 Patent. LoganTree did not file a Patent Owner Preliminary Response, and on August 30, 2018, the PTAB instituted the IPRs on all grounds. The PTAB is expected to complete the proceedings and issue its final decisions by August 30, 2019. -
Tom Carper (D-De)
LEGISLATOR US Senator TOM CARPER (D-DE) IN OFFICE CONTACT Up for re-election in 2018 Email Contact Form http://www.carper.senate. 3rd Term gov/public/index.cfm/ Re-elected in 2012 email-senator-carper SENIORITY RANK Web www.carper.senate.gov 24 http://www.carper.senate. gov Out of 100 Twitter @senatorcarper https://twitter.com/ senatorcarper Facebook View on Facebook https://www.facebook.com/ tomcarper DC Office 513 Hart Senate Office Building BGOV BIOGRAPHY By Brian Nutting, Bloomberg News Tom Carper, described even by foes as a nice guy, makes an effort to seek bipartisan solutions to the nation’s problems and tries to work out differences on legislation in private consultations rather than fighting it out in public in committee or on the floor. Carper has been in public office since 1977, including 10 years in the House and two terms as Delaware’s governor before coming to the Senate. He says on his congressional website that he has “earned a reputation as a results-oriented centrist.” Still, his congressional voting record places him on the liberal side of the political spectrum, with a rating of about 90 percent from th Americans for Democratic Action and about 10 percent from the American Conservative Union. During his tenure on Capitol Hill, he has broken with party ranks a little more often than the average Democratic lawmaker, although not so much in the 113th Congress. He touts the virtues of pragmatism and bipartisanship. He’s a founder of the Third Way, a policy group that says its mission “is to advance moderate policy and political ideas,” and affiliates also with the Moderate Democrats Working Group, a group of about a dozen Senate Democrats, and the Democratic Leadership Council. -
Nova Law Review
Nova Law Review Volume 22, Issue 3 1998 Article 9 The Doctrine of Equivalents after Hilton Davis and Markman, and a Proposal for Further Clarification Werner Stemer∗ ∗ Copyright c 1998 by the authors. Nova Law Review is produced by The Berkeley Electronic Press (bepress). https://nsuworks.nova.edu/nlr The Doctrine of Equivalents after Hilton Davis and Markman, and a Proposal for Further Clarification Werner Stemer Abstract In March 1997, the United States Supreme Court issued its decision in Warner-Jenkinson Co. v. Hilton Davis Chemical Co. (”Hilton Davis I/,)’ which had been eagerly anticipated in the intellectual property community. KEYWORDS: disclosure, issues, contract Stemer: The Doctrine of Equivalents after Hilton Davis and Markman, and a The Doctrine of Equivalents after Hilton Davis and Markman, and a Proposal for Further Clarification TABLE OF CONTENTS I. INTRODUCTION .......................................................................... 784 II. PRELIMINARIES ......................................................................... 784 A. The Patent Contract............................................................ 785 B. The Patent Claim ................................................................ 788 C. The EnablingDisclosure .................................................... 791 D.After the Grant-Reissue ...................................................... 792 E. Infringement........................................................................ 793 III. THE DOCTRINE OF EQUIVALENTS ............................................ -
House of Representatives
D102 CONGRESSIONAL RECORD — DAILY DIGEST February 8, 2021 House of Representatives Chamber Action House Committee on the Budget, Full Committee, business meet- Public Bills Introduced: 56 public bills, were in- ing on Consideration of Rules of the Committee on the troduced. Pages H479–83 Budget for the 117th Congress, 11 a.m., Webex. Additional Cosponsors: Page H484 Committee on Education and Labor, Full Committee, markup on Committee Print to comply with reconcili- Reports Filed: There were no reports filed today. ation directives included in section 2001 (b) of the Con- Moment of Silence: The House observed a moment current Resolutions on the Budget for Fiscal Year 2021, of silence in remembrance of the late Honorable Ron H. Con. Res. 11 and S. Con. Res. 5, 2 p.m., Webex. Committee on Energy and Commerce, Committee on Envi- Wright of Texas. Page H473 ronment and Climate Change, hearing entitled, ‘‘Back in Whole Number of the House: The Speaker an- Action: Restoring Federal Climate Leadership’’, 12 p.m., nounced to the House that, in light of the passing Webex. of the gentleman from Texas, Mr. Wright, the whole Committee on the Judiciary, Subcommittee on the Con- number of the House is 431. Page H473 stitution Civil Rights and Civil Liberties, hearing entitled ‘‘Constitutional Means to Prevent Abuse of the Clemency Quorum Calls—Votes: There were no Yea and Nay Power’’, 9 a.m., Webex. votes, and there were no Recorded votes. There were Committee on Transportation and Infrastructure, Sub- no quorum calls. committee on Coast Guard and Maritime Transportation, Adjournment: The House met at 2 p.m. -
September 20, 2006
FOCUS ON EDUCATION AND RESEARCH This Week in Washington JUNE 8 – JUNE 12, 2015 Joshua Westfall, Editor [email protected] Prepared for the Council on Undergraduate Research This Week in Washington, a weekly publication of WPLLC, provides an overview of upcoming events in Washington, D.C. that are relevant to CUR’s interests. Please use the bookmarks below to navigate to your area of interest. Weekly Calendar Monday Tuesday Wednesday Thursday Friday Future Hearings & Events On The Floor This Week Bills To Watch Important Links About WPLLC Weekly Calendar MONDAY, JUNE 8, 2015 Women in Engineering and Computing Subject: The American Association of University Women (AAUW) and Google will host an event, “Solving the Equation: The Variables for Women’s Success in Engineering and Computing.” Participants: Representative Donna Edwards (D-MD); Jo Handelsman, associate director for science, White House Office of Science and Technology Policy; Jennifer Kuhn, executive director of public affairs, AT&T; and Paige Smith, director, Women in Engineering Program, A. James Clark School of Engineering, University of Maryland. Time and Location: 8:30 a.m. – 12:00 p.m.; 25 Massachusetts Avenue, NW, 9th Floor, Washington, DC. Contact: Register here. National Board for Education Sciences Open Meeting Subject: The National Board for Education Sciences (NBES) will hold an open meeting. Time and Location: 9:00 a.m. – 4:15 p.m.; 80 F Street, NW, Large Board Room, Washington, DC. Contact: Find more information here. Undergraduate Instruction Subject: The National Research Council of the National Academies will host a webinar to discuss the report, “Reaching Students: Putting the Book to Work to Improve Undergraduate Instruction.” Participants: Susan Singer, National Science Foundation; Eric Brewe, professor of physics, Florida International University; Melanie Cooper, professor of science education, professor of chemistry, Michigan State University; and Kaatje Kraft, professor geology, Whatcom Community College, Bellingham, WA. -
The Speech Or Debate Clause and the Unenforceable Stock Act
Copyright 2014 by Anna Fodor Printed in U.S.A. Vol. 108, No. 2 Notes and Comments CONGRESSIONAL ARBITRAGE AT THE EXECUTIVE’S EXPENSE: THE SPEECH OR DEBATE CLAUSE AND THE UNENFORCEABLE STOCK ACT Anna Fodor ABSTRACT—In early 2012, Congress passed the Stop Trading on Congressional Knowledge (STOCK) Act. The STOCK Act explicitly prohibits members of Congress and their staff from trading on material, nonpublic information received because of their status. The Act leaves enforcement of its provisions to the Executive Branch. However, the Speech or Debate Clause and recent case law interpreting the Clause’s legislative privilege create roadblocks to the Executive’s ability to effectively enforce the Act against a member of Congress. Given the obstacles to effective enforcement, the STOCK Act creates a risk-free opportunity for political gain by the Legislative Branch while positioning the Executive to pursue hamstrung prosecutions. Congress’s arbitrage opportunity thus comes at the expense of the Executive and threatens the balance and separation of powers. This Note argues that if legislative privilege is understood as an institutional privilege of Congress as a body rather than an individual privilege of each member of Congress, the courts may recognize a congressional waiver of all members’ legislative privilege as applied to the STOCK Act. Such a waiver would restore the ability of the Executive to effectively enforce the STOCK Act and would alleviate separation of powers concerns. AUTHOR—J.D. Candidate, Northwestern University School of Law, 2014; M.A., Binghamton University, 2007; B.A., Binghamton University, 2006. Special thanks to Professor Erin Fielding Delaney and Professor James Pfander, to Nathan Brenner, Abigail Bunce, Christopher Michail, Lia Pernell, Chloe Rossen, Lindsey Simon, Jeff VanDam, the Northwestern University Law Review editors and staff, and to my family. -
Process Considerations in the Age of Markman and Mantras
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2001 Process Considerations in the Age of Markman and Mantras Craig Allen Nard Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Intellectual Property Law Commons Repository Citation Nard, Craig Allen, "Process Considerations in the Age of Markman and Mantras" (2001). Faculty Publications. 197. https://scholarlycommons.law.case.edu/faculty_publications/197 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. PROCESS CONSIDERATIONS IN THE AGE OF MARKMAN AND MANTRAS Craig Allen Nard* Professor Nard argues that although notions of uniformity and certainty have always been part of patent law parlance, since the Fed eral Circuit's decision in Markman v. Westview Instruments, Inc., these noble ends have achieved mantra status. In Markman, the Fed eral Circuit, in the name of uniformity and certainty, characterized claim interpretation as a question of law subject to de novo review, thus positioning itself as the arbiter of claim meaning. Although Pro fessor Nard disagrees with this characterization and asserts that uni formity and certainty are ill-served by such, he concedes that it is here to stay, at least for the foreseeable future. Therefore, Professor Nard addresses Markman on its own terms. Consequently, to achieve uni formity and certainty in the context of de novo review, he suggests a proposal to encourage the Federal Circuit to accept interlocutory ap peals of district court claim interpretations or so-called Markman hearings. -
July 20, 2021 the Honorable Mitch Mcconnell the Honorable John Thune Senate Minority Leader Senate Minority Whip S-230, The
July 20, 2021 The Honorable Mitch McConnell The Honorable John Thune Senate Minority Leader Senate Minority Whip S-230, The Capitol S-208, The Capitol Washington, DC 20510 Washington, DC 20510 The Honorable John Barrasso The Honorable Roy Blunt Senate Republican Conference Chairman Senate Republican Policy Committee Chair 405 Hart Senate Office Building 347 Russell Senate Office Building Washington, DC 20510 Washington, DC 20510 Dear Senate Republican Leadership, As the Senate continues its work on a surface transportation reauthorization bill and negotiates the details of a bipartisan infrastructure package, we ask that members of the Republican Conference take a stand against any proposal to increase minimum liability insurance requirements for motor carriers. Such an increase is wholly unnecessary, would do nothing to improve highway safety, needlessly jeopardize countless blue collar jobs, and destroy many small, family-owned businesses. Increasing motor carriers’ minimum liability requirements would affect all businesses transporting property, not just long-haul trucking operations. As illustrated by the diversity of our coalition, the impact would be felt in many sectors of the economy that have been working to help our nation recover from the COVID-19 pandemic, including the agriculture, construction, manufacturing, towing, and materials industries. Raising insurance minimums for countless businesses engaged in trucking would undoubtedly cause many to shutter, leading to the loss of American jobs at the worst time possible. This policy clearly does not belong in legislation that is designed to rebuild our infrastructure and encourage economic growth. Furthermore, federal research has demonstrated such a change is entirely unnecessary. A Congressionally- required study has shown that the vast majority of truck-involved crashes have relatively small cost consequences, and the existing minimum of $750,000 covers costs in over 99% of crashes involving a commercial motor vehicle.