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Articles by Michael Nye
Another Software Patent Is "Abstract" - AudienceScience | JD Supra
Getting a patent issued does not end the debate over whether your invention is "inventive." Under the "abstract idea" doctrine, a court may decide that your patented invention lacks enough of an "inventive concept" to qualify for protection. And it may do this at the pleadings stage, potentially before discovery even begins. The Federal Circuit's September 25, 2026 nonprecedential decision in Receivership Estate of AudienceScience Inc. v. Google LLC illustrates that risk.
USPTO Denies Ex Parte Reexamination Based On Prior IPR Challenge
Irwin IP are most popular: with readers working within the Banking & Credit, Technology and Media & Information industries The USPTO recently denied a request for ex parte reexamination (“EPR”) after concluding that the Requester, Geotab USA, Inc., was attempting to relitigate substantially the same prior art and invalidity arguments that it had previously raised in an unsuccessful inter partes review (“IPR”) petition.
USPTO Denies Ex Parte Reexamination Based on Prior IPR Challenge
25 June 2026 Ex Parte Reexamination Control No. 90/015,984, U.S. Patent No. 8,810,458 (U.S.P.T.O. May 22, 2026) The USPTO recently denied a request for ex parte reexamination (“EPR”) after concluding that the Requester, Geotab USA, Inc., was attempting to relitigate substantially the same prior art and invalidity arguments that it had previously raised in an unsuccessful inter partes review (“IPR”) petition.
USPTO PIER Program: Due to a shipping delay, can we cancel your order and not refund your money?
You’d be surprised to get that note from an online retailer, but it’s the deal the USPTO is offering with its new PIER (“PCT Informed Examination Request”) program, which just went live on May 21, 2026. For some U.S. patent applications that are based on international (PCT) applications, the USPTO will send the patent applicant a PIER Notice to ask whether they want to abandon their application or not. Does the applicant get a refund if they abandon? No. Why would an applicant ever agree to this?
No Standing, No Case: Patent Ownership Must Be Airtight Before Filing
Irwin IP are most popular: with readers working within the Automotive and Law Firm industries After years of litigation, the Federal Circuit dismissed a patent infringement lawsuit because the plaintiff couldn't prove it owned the patents at the time it filed the suit. The decision in AIT v. Salesforce emphasizes these lessons: The precise wording of IP transfer agreements matters: the difference between "hereby assigns" and "will assign" can determine who owns a patent.
IP Case of the Week Blog
Applications in Internet Time, LLC v. Salesforce, Inc., No. 25-2026 (Fed. Cir. March 16, 2026) After years of litigation, the Federal Circuit dismissed a patent infringement lawsuit because the plaintiff couldn’t prove it owned the patents at the time it filed the suit. The decision in AIT v. Salesforce emphasizes these lessons: The precise wording of IP transfer agreements matters: the difference between “hereby assigns” and “will assign” can determine who owns a patent.
Recovery Days: First Post-Op Doctor’s Appointment
September 27, 2017 3:02 pm | Tags: broken leg, Recovery | No Comments This past Monday, I had my first post-operation follow-up appointment. It wasn’t with my surgeon, who I have, so far, talked to for perhaps three minutes on the day of the operation. On that day, the orthopedic surgeon showed up with about a dozen others (Ohio State is a teaching hospital/medical program) in green scrubs.
Books Read in 2020
December 31, 2020 8:25 pm | | No Comments I think the last four blog posts on this site have been about books I have read in a given year. I’m not sure. I kinda hit “create” without giving it too much thought, intending to paste in the list of books I read this year, hit “save draft” and worry about finishing later.
Michael Nye December 31, 2024 6:32 pm | | No Comments Books Read in 2024 — 42 Novels (16), Story Collections (2), Poetry Collections (2), Non-Fiction (23) Women: 18, PoC: 14 Tall Men, Short Shorts: The 1969 NBA Finals: Wilt, Russ, Lakers, Celtics, and a Very Young Sports Reporter by Leigh Montville A Pale View of Hills by Kazuo Ishiguro Truth & Beauty: A Friendship by Ann Patchett Reign of Terror: How the 9/11 Era Destabilized America and Produced Trump by Spencer Ackerman On Chesil Beach by...
September 14, 2017 11:53 am | Tags: broken leg | No Comments Approximately one week ago, I broke my leg playing basketball. I jumped for a pass, came down with a hyperextended knee, and when my right leg took all the weight, I suffered medial and lateral tibial plateau fractures. Surgery Friday, home on Saturday. I wrote about it in my TinyLetter earlier this week. As you might imagine, there is little else on my mind right now other than recovering from this trauma.
Michael Nye December 21, 2017 1:36 pm | | No Comments Since 2009, I’ve kept a reading log on my laptop of the books I’ve read in the calendar year. I’m not sure this tells you anything all that interesting, but I like to look back at what I’ve read and see the connections between my reading choices, however tenuous those connections might be.
The Books of 2018 You Must Read
September 7, 2017 9:30 am | | No Comments How do you decide what book to buy and read? There might be two separate questions and two separate answers in there. I have a great many books on my bookshelves that I have bought and never read. Some of them will get read eventually. Some will be gifted away or donated. Some will never get read. I don’t entirely know why, but that’s okay. In short, we often need several reminders to pick up a book.
December 29, 2022 4:10 pm | Tags: books | No Comments I read more books this year than I would have guessed. I had to look up my lowest total since 2009, since I didn’t remember it; back in 2011 I only finished reading 28 books, and it would be a whole ‘nother blog post to talk about why that particular year was so poor for reading, so I’ll just say when I rediscovered that was the year, I was not the least bit surprised. 2011 was a personal quagmire.
Books Read in 2018
Michael Nye December 18, 2018 6:03 am | | No Comments This year, I read more than 60 books, which is a new high for me since I’ve been keeping track starting in 2009. On a Word document on my computer, I keep a chronological list of what I’ve read, and I find it fascinating to see how I move from one book to another, remembering why I finished, say, Margaret Atwood and then next picked up Edith Wharton. Sometimes there is a logic to it, and sometimes not.
January 5, 2024 3:22 pm | | One Comment Nothing fancy here, just what the post says. I wrote a little bit about this in my newsletter, mostly focused on Pittard’s book, but my remarkably bad taste is on full display here.
December 30, 2019 5:38 am | | No Comments It’s been a little while since I’ve been bloggy, eh? Here is the complete list of books I read in 2019. Or, more accurate, the complete list of books I read all the way through this year, ignoring the books I didn’t quite finish or only picked through.
Election deniers win the day with Nevada county exempted from rule for hand-counting ballots
The Secretary of State’s office approved a temporary regulation on hand-count paper ballots, a proposal that stemmed from unsubstantiated claims of voter fraud in the 2020 election, that was amended based on feedback from election deniers and exempts Nye County from complying.
Where I Work: Michael Nye Photography
Michael Nye rests his hand on his trusty 8x10 Deardorff View Camera that he has used for the majority of his career. Credit: Scott Ball / San Antonio Report The Where I Work series explores San Antonio’s evolving workplaces. It takes readers behind the scenes to learn from the people who work at companies large and small, nonprofits, family-owned enterprises, and in other nontraditional workplaces. Get in touch to share your story.
Reclaimed Wood: A Field Guide
The ultimate guide to reclaimed wood. Few materials – if any – can come close to the character and expressive beauty of solid wood. Reclaimed wood takes things further with rich stories embedded on its surface. Lines, saw marks, and color variations offer glimpses of the past; of old homes and living spaces; of antique furniture and handcrafted items passed down from one generation to the next. Now, a beautifully detailed book offers the opportunity to learn more about this precious material.
Fabien Baron: Works 1983-2019
Photographers We work with photographers documenting creative stories around the world. We’re glad that you are interested in helping us convey our passion through photography. Please send us an email with the subject heading "", a link to your portfolio, your location and suggestions of creative subjects you would like to document for us in your area. Contributors We are always looking for new contributors to help us document excellence.
Episode #12 What is Governance w/ Ryan Taylor of DASH on Apple Podcasts
We talk a lot about cryptocurrency. We talk about how it work. But, what if it needs to be changed? What if it needs to be updated to work better? Who makes that decision? The simple answer is…. There is no simple answer. There are many many ways for a blockchain to be changed. Some blockchains are at the mercy of hash power. Some are at the mercy of the people with the most stake. And some fall under a corporate dictatorship. These are all forms of governance.
Episode #9 What are Wallets w/ Taylor Monahan & Special Guest Maria Carola on Apple Podcasts
24 min Episode #9 What are Wallets w/ Taylor Monahan & Maria Carola *** this is not financial or legal advice*** This is one of the most important conversations you will hear when you first get into crypto. No, it is not what is bitcoin. No! It is not how to make money. That ALL doesn’t matter if you don’t know where to keep your crypto safe and secure. In this conversation an old friend Taylor Monahan of MyCrypto tells us all about wallets and security.
Iceberg by Moreno Ratti
Photographers We work with photographers documenting creative stories around the world. We’re glad that you are interested in helping us convey our passion through photography. Please send us an email with the subject heading "", a link to your portfolio, your location and suggestions of creative subjects you would like to document for us in your area. Contributors We are always looking for new contributors to help us document excellence.
Episode #7 What Is Bitcoin Cash w/ Roger Ver on Apple Podcasts
https://www.freerodneyreed.com *** this is not financial or legal advice*** Bitcoin is described in its white paper as a peer to peer electronic cash system. There are some people that this that bitcoin BTC has not lived up to that description. Roger Ver is one of those people and has taken the lead in creating a version of bitcoin that embodies that statement.
High Society By Leila Jeffreys
Abstraction, Photography - November 1, 2019 View all 9 Photos A series that explores the close, symbiotic bond between birds and trees. Following the Budgerigar series, which also became her first solo exhibition in Australia, photographic artist Leila Jeffreys presents a new collection of colorful portraits and photos centered around the budgerigar, or the parakeet. High Society features a series of large-format photos as well as a three-panel video art piece.
Gross Domestic Product by Banksy
Abstraction, Art - October 24, 2019 View all 13 Photos An art store with a (Banksy) twist. At the beginning of October, Banksy did something completely at odds with some of the core messages of his work. He opened a shop in Croydon, London, followed by the launch of an online store. However, in true Banksy fashion, things are not as simple as they may seem.
Ruins by Roberto Sironi
Photographers We work with photographers documenting creative stories around the world. We’re glad that you are interested in helping us convey our passion through photography. Please send us an email with the subject heading "", a link to your portfolio, your location and suggestions of creative subjects you would like to document for us in your area. Contributors We are always looking for new contributors to help us document excellence.
The Hasselblad X You Photography Competition
Abstraction, Photography - September 23, 2019 View all 7 Photos A special contest for all photography enthusiasts and Hasselblad fans. Established in 1941, Hasselblad is a leading manufacturer of digital medium format cameras. Iconic photographers like Helmut Newton, Ansel Adams, and Richard Avedon have created legendary images with Hasselblad cameras. A Hasselblad has also captured the first landing on the Moon.
Diametri - Land Art in Sorrento by Marco Stefanelli
Photographers We work with photographers documenting creative stories around the world. We’re glad that you are interested in helping us convey our passion through photography. Please send us an email with the subject heading "", a link to your portfolio, your location and suggestions of creative subjects you would like to document for us in your area. Contributors We are always looking for new contributors to help us document excellence.
Waiting Windows
Photographers We work with photographers documenting creative stories around the world. We’re glad that you are interested in helping us convey our passion through photography. Please send us an email with the subject heading "", a link to your portfolio, your location and suggestions of creative subjects you would like to document for us in your area. Contributors We are always looking for new contributors to help us document excellence.
A Sculpture Series By Ken Kelleher
Abstraction, Art - September 5, 2019 View all 12 Photos Bringing digital sculpture to life. American artist Ken Kelleher designs thought-provoking sculptures to create a dialogue about the meaning of art and of crafting an object. An object that may not have a utilitarian value, but has a deeper purpose. An artwork that engages and surprises the viewer. While he creates sculptures using traditional materials such as wood and metal, his digital series enhances this concept.
ANCHOR LAUNCH EVENT: Co-Hosted By Michael Nye
Enjoy complimentary drinks and floating canapés alongside a thought-provoking panel with blockchain industry influencers at the iconic and historical 1919 Boathouse in Singapore for the closing of Invest: Asia on September 12th, 7-9pm.
Danny Duncombe's As Above, So Below Series
Abstraction, Art - August 26, 2019 View all 12 Photos Conceptual ceramic sculptures inspired by brutalist architecture. Self-taught ceramic sculptor and artist Danny Duncombe draws inspiration from the bold designs, refined simplicity, and structures created by the likes of Le Corbusier, Constantin Brancusi, Agnes Martin, Eduardo Chillida, and Rudolph Schindler, among others.
Slow Motion by Aldo Bakker
Abstraction, Art - August 19, 2019 View all 15 Photos A thought-provoking art exhibition that encourages the viewers to slow down. Named “Slow Motion”, the new New York solo exhibition of Dutch artist and designer Aldo Bakker is more than it seems at first sight. The show brings together much of the artist’s latest work and focuses on sculptures that at a glance resemble furniture or home accessories.
My Heart Is Not Blind By Michael Nye
Abstraction, Photography - August 12, 2019 View all 10 Photos A photo book and exhibition that explore the different experiences of blind and visually impaired people. At this year’s Dr. Jacob Bolotin Awards, San Antonio-based photographer and artist Michael Nye has received a prestigious award for his work from the National Federation of the Blind. The event’s name honors Dr. Jacob Bolotin (1888-1924), the first physician in the world who had been blind since birth.
What is Crypto w/ Michael Nye on Apple Podcasts
73 episodes What is Crypto is a podcast hosted by Michael Nye that teaches Bitcoin, cryptocurrency, blockchain technology, and how YOU will play a role in the future financial systems of the world. What is Crypto is a podcast hosted by Michael Nye that teaches Bitcoin, cryptocurrency, blockchain technology, and how YOU will play a role in the future financial systems of the world.
San Antonio Reads
5 local books to add to your queue The Morning Mind By Dr. Rob Carter III, Ph.D., M.P.H., and Dr. Kirti Salwe Carter, M.B.B.S., M.P.H. Rob Carter is an Army officer and adjunct professor at UT Health San Antonio while Dr. Kirti Salwe Carter was an intensive care doctor in India before earning a master’s in public health in Texas.
Quiz: Welcome Back to 'Jurassic Park'
It’s been 25 years since the first Jurassic Park movie hit theaters, thrilling audiences with the idea of dinosaurs roaming the landscape in the present day. And the adventure continues with the latest installment, Jurassic Park: Fallen Kingdom, to be released June 22. But how much do you know about the Jurassic Park franchise? With four films out, the fifth coming this year and the sixth in production, now is the time to test your knowledge of the cast and storyline of this series.
Updated Examination Procedure For 101 Rejections Announced in USPTO Berkheimer Memo | JD Supra
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Yips by Michael Nye
When it began, he was deep in the hole, backhanding a two-hopper toward left field, and he rushed the throw, scooping it up, a cloud of dirt trailing off his glove like a cape as he raised his left hand up with the ball deep in his mitt, and the release and throw felt fine as he ripped the ball across the diamond. He thought he had the runner, a fleet-footed righty, those extra two steps out of the batter’s box making this a gettable out.
Guinness Certifies World's Oldest Man
Masazo Nonaka, a 112-year-old man living in Hokkaido, Japan, was certified this week by Guinness World Records as the world's oldest living man. Nonaka was born on July 25, 1905, the same year that Albert Einstein published his theory of general relativity and President Theodore Roosevelt was sworn in for his second term.
The 8 Best Novels About Sports (But Not Really)
It’s difficult to find great novels about sports. In the here and now, writing about sports is often discouraged in writing programs, or left to the short story, and a writer interested in sports often goes into journalism to be closer to the action and drama of a live game. Literary fiction (whatever that is) tends to focus on interiors, both of character and time, rather than the outward exhibition of a game. Sports and fiction often mix like oil and water.
'Tell Me More!' - 'Grease' 40th-Anniversary Quiz
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Meet Basketball Broadcaster Doris Burke
Doris Burke is the best NBA analyst on television today. In a sports media marketplace still dominated by men, which often relegates women to be sideline reporters with a particular look (young, pretty, blond), her recognition as the best in the game by her peers, NBA coaches and athletes, and media executives is an incredible achievement.
'Tell Me More!' - 'Grease' 40th-Anniversary Quiz
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My Father’s Crimes Exist in Everything I Write
One of my literary heroes is William Maxwell, whose near-perfect novel, So Long, See You Tomorrow, I first read as an undergraduate. I own two copies of the book, one of which is heavily annotated and underlined, a mixture of my own margin notes and the notes of at least two other readers. When he was ten-years-old, Maxwell’s mother died from influenza, an illness that ran through their home but which he survived. Every one of his six novels resonates with the trauma of his mother’s death.
All the Castles Burned
When Owen Webb, the son of working-class parents, receives a scholarship to the prestigious Rockcastle Preparatory Academy, the mysterious and enigmatic Carson Bly, an upperclassman from a wealthy and powerful family, befriends him. Their friendship, deepened through a love of basketball, becomes an obsession for Owen, who is desperate to avoid the growing trouble at home between his parents.
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