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BUSINESS JOURNAL
Jeffrey Proehl is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls.
In 2012, the U.S. patent law changed to expand the options for challenging the validity of a granted U.S. patent without having to file a lawsuit in federal court. Since then, over 7,000 petitions have been filed in the United States Patent and Trademark Office challenging the validity of about 4,400 patents.
Typically these petitions are filed by a party that has been accused of infringement of a patent and a patent infringement lawsuit has already been filed. If the court handling a patent infringement lawsuit is aware that the validity of the patent is being challenged in the USPTO, quite often the court will “stay” or delay the proceedings in the lawsuit until the USPTO has resolved the validity challenge to the patent.
If the USPTO decides to consider the validity challenge, an examiner in the USPTO reconsiders the patentability of the invention in light of any new information provided in the petition requesting review.
In such proceedings, approximately 58 percent of the patents challenged have come out of the process with the patent claims unchanged. In about 7 percent of the patents, at least some of the patent claims have been changed in order to be valid, while in approximately 29 percent of the cases all claims of the challenged patent are found to be invalid.
The U.S. Patent and Trademark Office issued the following patents to South Dakota inventors in October 2017:
Patent No. 9,804,526
Title: Toner Container
Inventors: Dean J. Richtsmeier, Boise, ID; Robin Pierce Yergenson, Eagle, ID; Richard L. Swantner, Rapid City
Assigned: Hewlett-Packard Development Company, L.P., Houston, TX
Summary: The inventors have developed a laser printer toner container having an increased capacity without enlarging the size of the laser printer.
Patent No. 9,802,201
Title: Bale Processor and Flail for Use With Same
Inventors: Phil Stam, Pella, IA; Lucas Graham, New Sharon, IA;Wanti Muchtar, Pella, IA; David Landon, Pella, IA; Bjorn Johnson, Altoona, IA; Phil Egging, Reasnor, IA; Tyler Schiferl, Pella, IA; Luke Mushitz, Yankton
Assigned: Vermeer Manufacturing Company
Summary: The inventors have developed a new design for a flail used on a bale shredding rotor.
Patent No. 9,797,182
Title: Powered Window System
Inventors: Dan Raap, Hartford; Bruce Hagemeyer, Pella, IA; Gary E. Tagtow, Sioux Falls; Michael Martin May, Stillwater, MN; James Gerard Seaser, Owatonna, MN
Assigned: Amesbury Group, Inc., Amesbury, MA
Summary: The inventors have developed a system for automatically moving the sash and other elements of a double hung window.
Patent No. 9,795,937
Title: Fluid Holding Structure Fluid Circulating System
Inventors: John Ries, Elk Point
Assigned: Not reported.
Summary: Ries has developed a buoyant fluid circulating apparatus for a circulating fluid in a pool of fluid.
Patent No. D800,349
Title: Slat Wall
Inventors: Michael A. Honermann, Mitchell
Assigned: Quality Wood Designs, Inc., Mitchell
Summary: Honermann has developed an ornamental design for a slat wall.
Patent No. 9,791,167
Title: Heat Pump Inspection Facilitating Stand Device
Inventors: Daniel N. Gates, Clear Lake
Assigned: Not reported.
Summary: Gates has developed a stand for supporting a heat pump above the ground duringinspection.
Patent No. 9,790,716
Title: Opposed Hook Sliding Door Lock
Inventors: Bruce Hagemeyer, Pella, IA; Dan Raap, Hartford; Gary E. Tagtow, Sioux Falls
Assigned: Amesbury Group, Inc., Amesbury, MA
Summary: The inventors have developed a door latch with improved security by replacing a single latch hook with a pair of opposed latch hooks.
Patent No. 9,790,147
Title: Hydrocarbon Processing
Inventors: Joe T. Lynch, Midland, TX; John D. Wilkinson, Midland, TX; Scott A. Miller, Midland, TX; Hank M. Hudson, Midland, TX; Kyle T. Cuellar, Katy, TX; Andrew F. Johnke, Beresford; W. Larry Lewis, Tomball, TX
Assigned: Ortloff Engineers, Ltd., Midland, TX; S.M.E. Products, LP, Houston, TX
Summary: The inventors have developed improved methods of separating different types of hydrocarbons from natural gas.
Patent No. 9,783,470
Title: Hydrocarbon Gas Processing
Inventors: Scott A. Miller, Midland, TX; John D. Wilkinson, Midland, TX; Joe T. Lynch, Midland, TX; Hank M. Hudson, Midland TX; Kyle T. Cuellar, Katy, TX; Andrew F. Johnke, Beresford; W. Larry Lewis, Tomball, TX
Assigned: Ortloff Engineers, Ltd., Midland, TX; S.M.E. Products, LP, Houston, TX
Summary: The inventors have developed additional improved methods of separating different types of hydrocarbons from natural gas.
Patent No. 9,784,628
Title: Bicycle Power Meter
Inventors: Ryan Jennings, Spearfish; John Eppen, Spearfish; Owen Anders Britton, Spearfish
Assigned: SRAM, LLC, Chicago, IL
Summary: The inventors have developed an improved device for measuring the power applied by a rider to a bicycle.
Patent No. 9,784,246
Title: Tools and Methods forUptower Maintenance
Inventors: Jason W. Eddy, Madison; Jesse E. Elliott, Yankton; Michael A. Sebert, Howard
Assigned: Renew Energy Maintenance, LLC, Sioux Falls
Summary: The inventors have developed a set of tools for performing maintenance tasks on the top of a wind turbine.
Patent No. 9,783,763
Title: Method of Removing a Contaminant from a Contaminant-Containing Biological Composition Useful as a Biofuel Feedstock
Inventors: Peter Guay, Baton Rouge, LA; Dale Graham, Dakota Dunes; Ramin Abhari, Bixby, OK; Peter Zdenek Havlik, Tulsa, OK; Edward Gary Roth, Ristow, OK; H. Lynn Tomlinson, Leonard, OK
Assigned: REG Synthetic Fuels, LLC, Ames, IA
Summary: The inventors have developed techniques for removing from contaminants from plant oils and animal fats to make them more suitable for use as a biofuel.
Patent No. 9,783,105
Title: Vehicle Visor and Light Assembly
Inventors: John Andrew Stakoe, Bloomfield Hills, MI; Chi Li, Sioux Falls
Assigned: Ford Global Technologies, LLC, Dearborn, MI
Summary: The inventors have developed a vehicle visor that provides both a vanity light and a dome light.
Patent No. 9,782,626
Title: System for Removably Mounting Proprietary Equipment in a Tree Stand
Inventors: Timothy A. Wakefield, Jr., Brandon; Zachary L. Dawson, Valley Springs; Blake B. Hoffman, Brandon
Assigned: Odin Hunting Products, Inc., Brandon
Summary: The inventors have developed accessories for a tree stand installation.
Patent No. 9,781,916
Title: Nozzle Control System and Method
Inventors: John D. Preheim, Beresford; Brent A.Driesen, Sioux Falls; Jared Ernest Kocer, Sioux Falls
Assigned: Raven Industries, Inc., Sioux Falls
Summary: The inventors have developed improvements in controlling nozzles on apparatus for spraying of fluids on an agricultural field.
Patent No. D798,609
Title: Folding Prayer Bench
Inventors: Reed E. Henschel, Faith
Assigned: Tower Stool, LLC, Faith
Summary: Henschel has developed an ornamental design for a bench seat.
Patent No. 9,779,579
Title: Single Reel Game System and Method
Inventors: Neil Matthiesen, Sioux Falls
Assigned: Not reported.
Summary: Matthiesen has developed a new style of slot machine gaming.
Patent No. 9,776,105
Title: Method for Conditioning and Processing Whole or Thin Stillage to Aid in the Separation and Recovery of Protein and Oil Fractions
Inventors: John H. Collins, Bloomingdale, IL; David W. Scheimann, Joliet, IL; Jason S.Van’t Hul, Harrisburg; Phillip M. Eastin, Saint Louis, MO
Assigned: Nalco Company, Naperville, IL
Summary: The inventors have developed a more efficient method of processing ethanol production byproducts into useful materials.
Patent No. 9,775,332
Title: Human Artificial Chromosome Vector
Inventors: Yoshimi Kuroiwa, Sioux Falls; Hiroaki Matsushita, Sioux Falls; Akiko Kanai, Tokyo, Japan
Assigned: SAB, LLC, Sioux Falls
Summary: The inventors have developed improved techniques for producing human antibodies using animals.
Patent No. 9,775,315
Title: Maize Hybrid X95H675
Inventors: Candida Braga Cabral, Mankato, MN; Dean William Christensen, Northfield, MN; Stephen Joseph Szalma, Kandiyohi, MN; Gerhard P. Weber, Sioux Falls
Assigned: Pioneer Hi-Bred International, Inc., Johnston, IA
Summary: The inventors have developed a new corn variety.