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The technology was invented by Joseph Marron and is owned by Raytheon Company. Chris Coons, USPTO Director Andrei Iancu, Secretary of Commerce Wilbur Ross, and Rep.
Israeli cybersecurity innovators should take care in drafting their patent applications to embrace variations and avoid unnecessary limitations.
In patent law, when a patent describes the "present invention," courts are more likely to impose limitations on the scope of the patent based on how the patent describes the "present invention." As an illustration, if a patent for a pencil states that the "present invention" includes a writing instrument with a writing end and an eraser, a court may require that the "eraser" be a limitation in the claim, even if not expressly recited in the claim.
So too with Finjan's patent, the patent stated that "the present invention operates by replacing original function calls with substitute function calls within the content," which the court relied on in determining that the "content processor" must process "modified content," as Juniper argued.
Rather than limit their invention to one specific configuration or embodiment, innovators should describe many different possible variations and permutations.
To be clear, innovators can and should include technical detail in their patent applications. In Seyfarth's fourth installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Kristine Argentine, Eric Barton, and Katelyn Miller focused on the enforcement of non-competes and how the difficulty of...