Apple in the metals business?

Announced back in August of 2010, Liquidmetal Technologies licensed its future patent rights for consumer electronics to Apple (see, e.g. http://www.mobilemag.com/2010/08/09/apple-to-make-liquid-metal-iphones/).  Fast forward to July 16, 2013, and U.S. Patent No. 8,485,245 (‘245 patent) issues to an assignee named Crucible Intellectual Property (CIP), LLC., titled “Bulk Amorphous Alloy Sheet Forming Process.”  The link?  You guessed it.  CIP is a subsidiary of Liquidmetal Technologies and “liquidmetal” is another name for amorphous alloy.

First, a “liquidmetal” is not “liquid” at room temperature, but the material does have an amorphous atomic structure (like water) at room temperature.  Also, liquidmetal alloys can have increased strength, excellent corrosion resistance, very high coefficient of restitution (things bounce off it really well) and excellent anti-wearing characteristics.  Naturally, such properties would be useful for components such as cell phone casings, computer casings, covers, etc.

Review of the ‘245 patent shows that Liquidmetal has developed, and now patented, a method for producing thin liquidmetal sheet in a manner similar to how glass sheet, window panes, etc., are produced.  Glass windows are typically produced by pouring molten glass onto a liquid bath of tin.  Tin is liquid at temperatures above 232^oC, while typical glass used for window panes, containers, etc., is liquid at temperatures above 550^oC.  Therefore, liquid glass can solidify while floating on a bath of liquid tin.  In addition, the liquid tin provides a nice smooth and level surface for a piece of glass floating on it.

Using the same concept, Liquidmetal has developed technology to produce thin sheets of iron- and zirconium-base alloys that will be used by Apple.  Furthermore, and via the ‘245 patent, Liquidmetal (and Apple) has a monopoly on the process until May 14, 2032.  So stay tuned for an upcoming Apple advertising campaign on liquidmetal iPhone covers, iPad covers, etc.  What exact term, work, or phrase they will use to market the covers is not known, but you can bet it will be trademarked and protected as well.

The Vegas Strip Steak Patent

A group of food scientists from Oklahoma State University have applied for a patent for an entirely new cut of steak.  They call it the Vegas Strip Steak.  This is a brilliant marketing strategy that I wish I would have thought of first.  The idea that some savvy business people could patent a cut of beef that has existed inside cattle for millennia intrigues me.  I love a good steak, but I like making a buck even more. 

I'm not an intellectual property lawyer, nor did I stay at a Holiday Inn Express last night, so I don't know if they'll actually get their patent.  I did a little reading on the process, however.  If you're interested, there are good articles on Slate.com and Freakonomics.com.  

They have their own website for the steak HERE and the picture makes my mouth water a little.   I am a tad bit skeptical, however, because people have been slaughtering beef cattle for a long time.  If no one has isolated this particular steak yet, I'm guessing that is probably better utilized as hamburger, like it has been for hundreds of years.  But, like I said, more power to the innovators who are trying to capitalize.  

IP Basics - Part 1

Intellectual property (IP) includes patents, trademarks, copyrights and trade secrets. Simplistically, patents protect discoveries and inventions; trademarks protect words, phrases, symbols and/or designs associated with goods and/or services; copyrights protect artistic works; and trade secrets protect secrets within a company, organization, etc. Note that none of the above protects “ideas,” and in and of themselves, ideas are not protectable.

IP is a nontangible asset that is generally treated as real property. As such, a patent, trademark, etc., can be part of an estate, bankruptcy proceeding, contract for sale or license for use. In dealing with IP, an attorney has a duty of due diligence to determine the status of the IP. For example, the term or life of a utility patent is twenty (20) years from the date of filing. However, if appropriate maintenance fees are not paid to the U.S. Patent and Trademark Office (USPTO) throughout the life of the patent, the patent becomes abandoned (due to non-payment of maintenance fees) and thus non-enforceable before the 20 year lifetime has expired. Trademarks and copyrights can also expire/become abandoned. As such, a piece of IP can be over-valued or under-valued based on its status. It is also of interest to note that malpractice insurance for IP attorneys is among the highest in the industry due to the potential liability for missing a filing date, maintenance fee date, etc.

Issuance of U.S. patent is the exclusive domain of the USPTO. A word, phrase, etc. can be federally registered as a tradmark with/through the USPTO, however this is not required in order to have trademarks rights in the word, phrase, etc. Likewise, an artistic work can be federally copyrighted through the U.S. Copyright Office, however this is not required. The main benefit for federal registry of a trademark is the issuance of trademark rights throughout the U.S. and its territories. The main benefit of a federal registered copyright is that statutory damages are granted in the event of copyright infringement and thus proof of damages is not required.