Posts Tagged ‘IBM’

In re Kelkar — Half Right for the Wrong Reason?

Sunday, November 28th, 2010

In re Kelkar involves a patent application owned by the IBM Corporation that claims methods and computer program articles for processing gene expression profiles to find clusters of similar profiles.  The Board of Patent Appeals and Interferences found the following claim 1 of the application non-statutory as attempting to claim a prohibited abstract idea under Bilski v. Kappos, 561 U.S. ___ (2010):

 1.  A method for determining similarity between portions of gene expression profiles in a computer comprising the steps of:

processing a number of gene expression profiles with a similar sequences algorithm that is a time and intensity invariant correlation function to obtain a data set of gene expression profile pairs and a match fraction for each gene expression profile pair;

listing gene expression profile pairs in clusters by their match fractions;

removing a first gene expression profile from a cluster when another cluster has another gene expression profile with a higher match fraction with the first gene expression profile, unless the another gene expression profile requires a larger number of subsequences to achieve similarity with the first gene expression profile;

repeating the removing step until all gene expression profiles are listed in only one cluster;

providing output of the listing of clusters of gene expression profiles. (emphasis added)


BackWeb Technologies Sues IBM and HP on Software Patents For Background Downloads

Monday, October 4th, 2010

The wagon train of software patent lawsuits rolls on.  As recently reported by Gene Quinn in his IP Watchdog blog (, this time it’s IBM and HP that are in the cross-hairs, each being accused by BackWeb Technologies, Inc., of Santa Clara, California (and owned by an Israeli parent company) of infringing three US patents – U.S. 5,913,040, U.S. 6,317,789 and U.S. 6,539,429.  These patents cover systems for transmitting digital information in background mode.   To see an interactive claim chart of these patents claim limitations click here:  BackWeb Claim Chart

The chart shows that almost all of the claims, with a couple of interesting exceptions, require monitoring or determining a line or link utilization rate, and transmitting data based on the rate.  In the chart, the limitations in the left hand column are found in the respective claims (represented by the columns) if there is a blue square in the column.  The “relevance” column can be set equal to 1, 2 or 3.  If set to 3, then the chart assumes the target product has the corresponding limitation.  If set to 1, the limitation is not found, and if set to 2, it is indeterminate or possibly found in the target product.