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Articles by Steven Freeland
Federal Circuit Reverses PTAB Anticipation Ruling and Revives Google “Hotword” Patents
On June 9, in Google LLC v. Sonos, Inc., the Federal Circuit reversed and remanded the decision by Patent Trial and Appeal Board (PTAB) that had found numerous claims of Google’s US Patent Nos. 10,134,398 and 10,593,330 were unpatentable, finding that the PTAB’s anticipation analysis was not supported by substantial evidence and failed to support key claim limitations directed to multi-device coordination and suppression of unintended voice activation while remaining in low power mode.
No “Second Bite”: USPTO Denies IPR After Trial Loss
The USPTO has denied an inter partes review (IPR) petition, clarifying that a party cannot use the Patent Trial and Appeal Board (PTAB) as a repeat vehicle to litigate patent validity after its expert testimony was excluded in a failed district court trial. USPTO Under Secretary and Director John A. Squires issued a Director Discretionary Decision in Magnolia Medical Technologies, Inc. v. Kurin, Inc..
SDNY Rejects Privilege and Work Product in the Context of Consumer Generative AI Use
In a decision of first impression, the U.S. District Court for the Southern District of New York, in United States v. Heppner, No. 25‑cr‑503 (JSR), held that written exchanges with a generative artificial intelligence (AI) platform, specifically Anthorpic’s “Claude” tool, were not protected by attorney-client privilege or the work-product protection.
Federal Circuit Confirms USPTO Director’s Broad Discretion to Deny or De Institute IPRs | JD Supra
On November 6, the Federal Circuit in In re Motorola Solutions, Inc. denied Motorola’s request for mandamus and held that the USPTO Director’s decisions denying or de-instituting inter partes review (IPR) are unreviewable under 35 U.S.C. § 314(d), rejecting due process and APA challenges to rescission of prior guidance. The Federal Circuit reaffirmed the near absolute bar on judicial review of PTAB institution decisions.
Federal Circuit Emphasizes the Need for Expert Witness Testimony to Unambiguously Map Claim Limitations to an Accused System | JD Supra
On September 24, in Finesse Wireless LLC v. AT&T Mobility LLC, Nokia of America Corporation (AT&T), the Federal Circuit reversed the denial of judgment as a matter of law (JMOL) and vacated the damages award of $166 million against AT&T. The decision cited self-contradictory testimony by Finesse’s expert witness. The Federal Circuit reviewed the jury’s findings of infringement of two US patents owned by Finesse: 7,346,134 and 9,548,775 (‘134 and ’775).
Federal Circuit Reviews First AIA Derivation Proceeding: The Early Bird Gets the Worm | JD Supra
On August 26, in Global Health Solutions LLC v. Selner, the Federal Circuit reviewed its first derivation proceeding. The patent applications at issue claimed the same or substantially the same method for preparing an emulsifier-free ointment, where the key step involved heating the components separately.
USPTO Issues Guidance Clarifying Subject Matter Eligibility for AI and Software Claims | JD Supra
On August 4, the USPTO issued a Memorandum to examiners in Technology Centers 2100, 2600, and 3600, providing reminders and clarifications on evaluating subject matter eligibility under 35 U.S.C. § 101. This guidance is particularly relevant to software-related inventions, including those involving artificial intelligence (AI) and machine learning (ML), and aims to reinforce consistent application of the USPTO’s eligibility framework as outlined in the Manual of Patent Examining Procedure (MPEP).
Room The Space Journal of Asgardia
sort by magazines Report from 2nd annual Space Economy Summit Does it matter who gets there first?
Federal Circuit Overrules Previous Obviousness Rosen-Durling Test for Design Patents | JD Supra
May 31, 2024 To embed, copy and paste the code into your website or blog: On May 21, the Federal Circuit, in an en banc decision of LKQ Corp. v. GM Global Tech. Operations LLC, has overruled the Rosen-Durling test applied in evaluating obviousness of design patents. Instead, the CAFC applied the Graham v. John Deere Co. requirements for obviousness, and further defined by KSR, that is already applied in utility patents.
There are clear rules for peace and war
The release of the first images taken by NASA’s James Webb Space Telescope will inspire generations with the infinite possibilities that outer space holds. Clearly, we have a responsibility to ensure that only peaceful, safe, sustainable, lawful and legitimate uses of space are undertaken for the benefit of humanity and future generations.
Outer space is not the "Wild West": There are clear rules for peace and war
Space exploration is becoming a more feasible reality, prompting a need for international cooperation. (NASA/Unsplash) The release of the first images taken by NASA’s James Webb Space Telescope will inspire generations with the infinite possibilities that outer space holds. Clearly, we have a responsibility to ensure that only peaceful, safe, sustainable, lawful and legitimate uses of space are undertaken for the benefit of humanity and future generations.
What Sort of Space “Race” Should We Be Pursuing? - AIIA
If a war in space does take place, the devastation would be long-lasting and perhaps irreversible. We must work towards civil and commercial activities that enhance capabilities and promote peace in space. Since the first “Space Race” in 1957, space-related technologies have transformed our lives. Space impacts everyone and has revolutionised communications, medicine, navigation, finance, agriculture, and computing.
Space exploration should aim for peace, collaboration and co-operation, not war and competition
When the Soviet Union launched Sputnik 1 in 1957, it represented humanity’s first significant foray into the cosmos. Our imagination was opened to the wonder and lure of space for human endeavour as science fiction suddenly became science fact. The launch of Sputnik 1 represented a significant moment in human history. A space arms race?
Cyberspace and outer space are new frontiers for national security, according to an expert report
What do cyberspace and outer space have in common? As we make clear in a new report to the Department of Defence, both are new frontiers for national security that blur traditional ideas about borders, sovereignty and defence strategy. These “areas” are important elements of Australia’s critical infrastructure and are vital to our ability to defend our nation and keep it secure.
Six things to think about (besides the price) for prospective space tourists
Blue Origin’s successful flight last month, along with one by Virgin Galactic days earlier, suggests the era of suborbital space tourism is finally here. (credit: J. Foust) by Steven Freeland Monday, August 2, 2021 It’s been a momentous month for space-faring billionaires. On July 11, British entrepreneur Richard Branson’s VSS Unity rocketplane flew him and five fellow passengers about 85 kilometers above Earth.
Want to be a space tourist? Here are 6 things to consider first
In July 2021, entrepreneur Sir Richard Branson and Amazon founder Jeff Bezos went up into space, accompanied by fellow passengers. These trips created vast amounts of media coverage and brand recognition for Branson’s Virgin Galactic and Bezos’ Blue Origin. This could indicate that a commercial space tourism industry is on the horizon. Before space trips become commercially available, important factors such as environmental and safety laws need to be considered.
Keen to sign up for space tourism? Here are 6 things to consider (besides the price tag)
It’s been a momentous month for space-faring billionaires. On July 11, British entrepreneur Sir Richard Branson’s Unity “rocket-plane” flew him and five fellow passengers about 85 kilometres above Earth. And this week, Amazon founder Jeff Bezos’ New Shepard capsule reached an altitude of 106km, carrying Bezos, his brother, and the oldest and youngest people ever to reach such a height.
#SpaceWatchGL Opinion: Keen to sign up for space tourism? Here are 6 things to consider (besides the price tag)
by Steven Freeland Credits: Blue Origin/AP SpaceWatch.Global has been granted permission to publish selected articles and texts. This is “Keen to sign up for space tourism? Here are 6 things to consider (besides the price tag)”, originally published 23 July 2021 at The Conversation by Steven Freeland. It’s been a momentous month for space-faring billionaires.
#SpaceWatchGL Opinion: Space Debris – A Major Challenge for the Future of Humanity - SpaceWatch.Global
by Steven Freeland Low-earth orbit space debris is seen in an undated, exaggerated-scale artist rendering released by the European Space Agency in 2008. PHOTO: EUROPEAN SPACE AGENCY This piece describes the challenges posed by the increasing proliferation of orbital space debris, as well as debris falling back to Earth. It describes how a ‘business as usual’ case going forward threatens to result in outer space becoming less accessible and navigable, thus compromising future space activities.
Here's how worried you should be about the 7 tonnes of space junk about to hit Earth
A large piece of space debris, possibly weighing several tonnes, is currently on an uncontrolled reentry phase (that’s space speak for “out of control”), and parts of it are expected to crash down to Earth over the next few weeks. If that isn’t worrying enough, it is impossible to predict exactly where the pieces that don’t burn up in the atmosphere might land.
A giant piece of space junk is hurtling towards Earth. Here's how worried you should be
A large piece of space debris, possibly weighing several tonnes, is currently on an uncontrolled re-entry phase (that's space speak for "out of control"), and parts of it are expected to crash down to Earth over the next few weeks. If that isn't worrying enough, it is impossible to predict exactly where the pieces that don't burn up in the atmosphere might land.
Space law is an important part of the fight against space debris
Credit: ESA Space is getting crowded. More than 100 million tiny pieces of debris are spinning in Earth orbit, along with tens of thousands of bigger chunks and around 3,300 functioning satellites. Large satellite constellations such as Starlink are becoming more common, infuriating astronomers and baffling casual skywatchers. In the coming decade, we may see many more satellites launched than in all of history up to now. Collisions between objects in orbit are getting harder to avoid.
space law is an important part of the fight against space debris
Space is getting crowded. More than 100 million tiny pieces of debris are spinning in Earth orbit, along with tens of thousands of bigger chunks and around 3,300 functioning satellites. Large satellite constellations such as Starlink are becoming more common, infuriating astronomers and baffling casual skywatchers. In the coming decade, we may see many more satellites launched than in all of history up to now. Collisions between objects in orbit are getting harder to avoid.
Trump’s idea of ‘war in space’ would be a catastrophe. Global cooperation is the only way ahead
In 2019, United States President Donald Trump declared “space is the new war-fighting domain”. This followed the creation of the US Space Force and a commitment to “American dominance” in outer space. Other space-faring nations, and those who fear the acceleration of an arms race in space, were greatly concerned.
'War in space': A return to rules-based cooperation is the only way to keep space peaceful
by Steven Freeland, David Kuan-Wei Chen and Ram S. Jakhu, The Conversation Credit: SpaceX In 2019, US President Donald Trump declared "space is the new war-fighting domain." This followed the creation of the US Space Force and a commitment to "American dominance" in outer space. Other space-faring nations, and those who fear the acceleration of an arms race in space, were greatly concerned.
'War in space' would be a catastrophe. A return to rules-based cooperation is the only way to keep space peaceful
In 2019, US President Donald Trump declared “space is the new war-fighting domain”. This followed the creation of the US Space Force and a commitment to “American dominance” in outer space. Other space-faring nations, and those who fear the acceleration of an arms race in space, were greatly concerned.
Renewed hopes for humanity in space
Home Page News Opinion Foreign Policy Politics Policy Legislation Lobbying Hill Life & People Hill Climbers Heard On The Hill Calendar Archives Classifieds Hill Times Events Inside Ottawa Directory Hill Times Store Hill Times Careers The Wire Report The Lobby Monitor Parliament Now Subscribe Free Trial Reuse & Permissions Advertising FAQ Log In By Kuan-Wei Chen, Steven Freeland, and Ram Jakhu November 30, 2020 Enlightened leadership, guided by commonly agreed laws and practices that have...
US wants to mine resources in space, but is it legal?
US wants to mine resources in space, but is it legal? by Steven Freeland and Annie Handmer for The Conversation Melbourne, Australia (The Conversation) Apr 21, 2020 As the world tries to cope with the challenges of 2020, discussions around the use of mined resources from outer space continue to ratchet up.
The Trump Administration Wants To Mine Resources In Space, But Is It Legal?
Image: Getty Images As the world tries to cope with the challenges of 2020, discussions around the use of mined resources from outer space continue to ratchet up. On April 6, the US White House released an executive order that Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law.
Giant leap for corporations? The Trump administration wants to mine resources in space, but is it legal?
Credit: Shutterstock As the world tries to cope with the challenges of 2020, discussions around the use of mined resources from outer space continue to ratchet up.
Giant leap for corporations? The Trump administration wants to mine resources in space, but is it legal?
Shutterstock As the world tries to cope with the challenges of 2020, discussions around the use of mined resources from outer space continue to ratchet up. On April 6, the US White House released an executive order that Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law.
Giant leap for corporations? The Trump administration wants to mine resources in space, but is it legal?
As the world tries to cope with the challenges of 2020, discussions around the use of mined resources from outer space continue to ratchet up. On April 6, the US White House released an executive order that Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law.
Indonesian Elections and the Role of the Military - AIIA
The Indonesian presidential election is shaping up into a tight contest. But whoever wins, determining the future role of the military in Indonesia’s government institutions will have a lasting impact on the country’s democracy. On 17 April, more than 192 million Indonesians will be eligible to vote in the country’s general election. It will be the country’s fifth election since President Suharto’s three decades of authoritarian rule ended in 1998.
Extending the “System” of International Criminal Law - AIIA
Although the recent decision concerning the International Criminal Court’s jurisdiction on the Rohingya issue is encouraging, it cannot act alone to prevent crimes against humanity. Despite its short life of 16 years, the International Criminal Court is no stranger to controversy. Indeed, contestation started before the ICC began operations.
The Modern Slavery Act: Did Australia get it Right? - AIIA
Despite having a robust body of laws to deal with trafficking, slavery-like conditions and labour exploitation, Australia was quick to import the ‘modern slavery’ legislative model from the UK. Did we get it right? Australia has a relatively robust set of laws to address issues of labour exploitation, trafficking and slavery-like conditions suffered by an estimated 4,300 people in Australia (although I am generally sceptical about trafficking-related estimates).
Donald Trump's Space Force plans analyzed by a sci-fi expert
The US leadership has plans to introduce a “US Space Force” by 2020. Already announced by president Donald Trump in June, US vice president Mike Pence outlined further details of the plan at a press conference on August 9. The Space Force, he said, would consist of an elite corps of soldiers trained to fight in space, and a space command that would design military strategies for warfare beyond the atmosphere.
Unraveling the nature of 'whistlers' from space in the lab
Scientists at the University of California, Los Angeles present new research on a curious cosmic phenomenon known as “whistlers” – very low frequency packets of radio waves that race along magnetic field lines. This first-of-its-kind study, appearing in the Physics of Plasmas, from AIP Publishing, provides new insights into the nature of whistlers and space plasmas – regions of energized particles trapped by Earth’s magnetic fields.
The US plan for a Space Force risks escalating a 'space arms race'
United States Vice President Mike Pence has confirmed overnight plans to create a “Space Force” as the sixth branch of the US military. He repeated comments from President Donald Trump, who had said that “American dominance in space” was imperative. These are deeply concerning sentiments coming from (arguably) the most powerful men on Earth.
The US plan for a Space Force risks escalating a ‘space arms race’
United States Vice President Mike Pence has confirmed overnight plans to create a “Space Force” as the sixth branch of the US military. He repeated comments from President Donald Trump, who had said that “American dominance in space” was imperative. These are deeply concerning sentiments coming from (arguably) the most powerful men on Earth.
The U.S. plan for a Space Force risks escalating a 'space arms race'
He repeated comments from President Donald Trump, who had said that "American dominance in space" was imperative. Earlier this year, Trump said: "Space is a war-fighting domain, just like the land, air and sea." These are deeply concerning sentiments coming from (arguably) the most powerful men on Earth. They risk irrevocably skewing the conversation about space away from what it is, to something it should not be, thus distorting the reality of what space largely represents.
The US plan for a Space Force risks escalating a 'space arms race'
United States Vice President Mike Pence has confirmed overnight plans to create a “Space Force” as the sixth branch of the US military. He repeated comments from President Donald Trump, who had said that “American dominance in space” was imperative. These are deeply concerning sentiments coming from (arguably) the most powerful men on Earth.
'War in space' would be a catastrophe. A return to rules-based cooperation is the only way to keep space peaceful
In 2019, US President Donald Trump declared “space is the new war-fighting domain”. This followed the creation of the US Space Force and a commitment to “American dominance” in outer space. Other space-faring nations, and those who fear the acceleration of an arms race in space, were greatly concerned.
Donald Trump is wrong: Space shouldn't be a 'war-fighting domain'
President Donald Trump's order to create a "Space Force" as the sixth branch of the US military is an escalation in the rhetoric of a space arms race. "We are going to have the Air Force and we are going to have the Space Force, separate but equal," he said at a meeting of the National Space Council. This follows earlier comments he made in March that "space is a war-fighting domain, just like the land, air and sea".
Here's why tampering with a ball is considered cheating
Australian cricket is engulfed in scandal after TV cameras caught Cameron Bancroft attempting to manipulate the condition of the ball during the team’s third Test match against South Africa. Bancroft and the Australian captain, Steve Smith, subsequently admitted to the offence and the collusion of the player leadership group in the decision to do so. Altering the condition of the match ball is against the rules of the sport, contrary to “the spirit of cricket”, and deemed to be “unfair”.
Just not cricket: Why ball tampering is cheating
Australian cricket is engulfed in scandal after TV cameras caught Cameron Bancroft attempting to manipulate the condition of the ball during the team’s third Test match against South Africa. Bancroft and the Australian captain, Steve Smith, subsequently admitted to the offence and the collusion of the player leadership group in the decision to do so. Altering the condition of the match ball is against the rules of the sport, contrary to “the spirit of cricket”, and deemed to be “unfair”.
Just not cricket: why ball tampering is cheating
Australian cricket is engulfed in scandal after TV cameras caught Cameron Bancroft attempting to manipulate the condition of the ball during the team’s third Test match against South Africa. Bancroft and the Australian captain, Steve Smith, subsequently admitted to the offence and the collusion of the player leadership group in the decision to do so. Altering the condition of the match ball is against the rules of the sport, contrary to “the spirit of cricket”, and deemed to be “unfair”.
As the world embraces space, the 50 year old Outer Space Treaty needs adaptation
The Outer Space Treaty (OST) is the framework multilateral treaty that establishes the principal rules regulating the exploration and use of outer space. Established in 1967, it celebrates its 50th anniversary this year. But now we need an update.
With a less confrontational approach to whaling, more whales could be saved
Whales had another big win last week — allegedly. The Australian-sponsored resolution adopted by the International Whaling Commission will, in theory, make it harder for nations such as Japan to award themselves special permits for "scientific" whaling. But as pointed out in The Conversation at the time, the non-binding resolution is likely to have little material effect on whales themselves.
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