Understanding the Scope and Claims of United States Patent RE28399
Introduction
The United States Patent RE28399, owned by DDR Holdings, LLC, is a reissue patent that has been at the center of several legal battles, particularly in the context of patent infringement and validity. To analyze the scope and claims of this patent, it is essential to delve into its history, the technology it covers, and the legal interpretations surrounding it.
Background of the Patent
The RE28399 patent is a reissue of the original U.S. Patent No. 7,818,399, which was issued on October 19, 2010. This patent pertains to a system and method for generating a composite web page that combines visual elements and product information from different sources, typically in the context of e-commerce[2][4].
Claims of the Patent
The claims of the RE28399 patent are crucial in defining its scope. Here are some key aspects:
Claim Construction
The claims involve terms such as "merchants," "commerce object," and "visually perceptible elements." The construction of these terms has been a point of contention in various legal proceedings. For instance, the term "merchants" was construed by the Patent Trial and Appeal Board (PTAB) to include "producers, distributors, or resellers of the goods or services to be sold," but the district court later limited this to "producers, distributors, or resellers of the goods" only, excluding services[4].
Key Claim Elements
- Merchants: Refers to entities that sell goods or services.
- Commerce Object: Defined as "a product, a product category, a catalog, or an indication that a product, product category, or catalog should be chosen dynamically." However, the district court's construction excluded services from this definition[4].
- Visually Perceptible Elements: This term refers to the visual aspects of the web page that are combined to create the composite web page.
Patent Scope
The scope of the RE28399 patent is determined by the breadth and specificity of its claims.
Metrics for Measuring Patent Scope
Research suggests that patent scope can be measured using metrics such as independent claim length and independent claim count. Narrower claims, as measured by these metrics, are often associated with a higher probability of grant and a shorter examination process[5].
Scope in the Context of RE28399
The RE28399 patent's scope is relatively specific, focusing on the combination of visual elements and product information in a web page context. The claims are designed to protect a particular method of generating composite web pages, which is a niche but significant innovation in e-commerce.
Patent Landscape Analysis
Analyzing the patent landscape involves understanding the broader technological and legal context in which the patent exists.
Freedom to Operate (FTO) and Landscape Studies
FTO and landscape studies help in identifying potential infringement risks and understanding the competitive landscape. For the RE28399 patent, such studies would involve parsing independent claims and identifying scope concepts that summarize claim limitations. This approach helps in reducing verbal clutter and making the portfolio more accessible for analysis[3].
Legal Precedents and Challenges
The RE28399 patent has been subject to several legal challenges, including inter partes review (IPR) and district court proceedings. The PTAB found the challenged claims of the '399 patent not to be unpatentable, but the district court's claim construction led to a stipulation of non-infringement by the defendants[4].
Continuation Procedures and Their Impact
Continuation procedures, such as Requests for Continued Examination (RCEs) and continuations-in-part, can affect the scope and validity of a patent. For the RE28399 patent, any continuation procedures would have been subject to scrutiny to ensure that the claims remained valid and did not introduce new subject matter that could compromise the patent's scope[1].
Industry Impact and Innovation
The RE28399 patent, by protecting a specific method of generating composite web pages, influences the e-commerce industry. It sets a precedent for how visual and product information can be combined, potentially driving innovation in web design and user experience.
Key Takeaways
- Claim Construction: The interpretation of key terms like "merchants" and "commerce object" is crucial in defining the patent's scope.
- Patent Scope Metrics: Narrower claims are associated with a higher probability of grant and shorter examination processes.
- Legal Challenges: The patent has faced significant legal scrutiny, including IPR and district court proceedings.
- Industry Impact: The patent influences e-commerce practices by protecting a specific method of generating composite web pages.
FAQs
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What is the main technology covered by the RE28399 patent?
The RE28399 patent covers a system and method for generating a composite web page that combines visual elements and product information from different sources.
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How have the claims of the RE28399 patent been construed in legal proceedings?
The claims have been subject to various constructions, particularly regarding the terms "merchants" and "commerce object," with the district court limiting "merchants" to producers, distributors, or resellers of goods only.
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What metrics can be used to measure the scope of a patent like RE28399?
Metrics such as independent claim length and independent claim count can be used to measure patent scope.
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How do continuation procedures affect the scope and validity of a patent?
Continuation procedures can introduce new subject matter or update pending applications, which must be carefully managed to maintain the patent's validity and scope.
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What is the significance of the RE28399 patent in the e-commerce industry?
The patent sets a precedent for combining visual and product information on web pages, driving innovation in web design and user experience.
Sources
- Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. Retrieved from https://yjolt.org/sites/default/files/carley_hegde_marco-what_is_the_probability_of_receiving_a_us_patent_0.pdf
- DDR Holdings - United States Court of Appeals for the Federal Circuit. (2014, December 5). Retrieved from https://cafc.uscourts.gov/opinions-orders/13-1505.opinion.12-3-2014.1.pdf
- FTO and Patent Landscape Analysis: A Radically New Approach. (2013, January 30). Retrieved from https://www.youtube.com/watch?v=YtzKUedBbLs
- DDR Holdings - United States Court of Appeals for the Federal Circuit. (2024, December 9). Retrieved from https://cafc.uscourts.gov/opinions-orders/23-1176.OPINION.12-9-2024_2432361.pdf
- Patent Claims and Patent Scope. (2016, September 29). Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
