- Intellectual Ventures missed out on a huge potential win over technology that could have covered SMS text messaging because a claim went one step too far.
- Craige identifies specific litigation and patent drafting mistakes made by both Intellectual Ventures and Motorola in this dispute.
- He explains what each side could have done differently to change or improve the outcome.
- Notably, simply characterizing prior art negatively in the patent can unintentionally narrow the claim’s scope, even without directly saying so.
Summary: Intellectual ventures patent misses a huge potential win because the claim had gone one throw away step too far, on a technology that could have covered SMS text messaging. Craige reveals the litigation and patent drafting mistakes made by both Intellectual Ventures and Motorola and what they could have done differently to change or improve their outcome. Did you know that just characterizing the prior art negatively could narrow your claim scope in a way you didn’t even mention in the patent? It’s true! Find out more in this episode.
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