Harrity & Harrity mentioned in Law 360 Article “3 Law Firms With Their Own Riff On The Mansfield Rule”

Harrity & Harrity was mentioned in Law360’s article regarding firms that have adopted alternative hiring practices to the Mansfield Rule. The Mansfield Rule, created in 2016, states that at least 30% of the candidate pool for promotions, leadership positions, and senior level hiring must be comprised of either diverse candidates or women. The Super Sized Rooney Rule expands on that idea.

“Virginia-based patent law boutique Harrity & Harrity launched what it calls the “super-sized Rooney Rule” at the end of 2015. The law firm has committed to interview at least one woman or minority candidate for every nonminority male candidate it interviews for both attorney and nonattorney positions.

According to one of the law firm’s founding partners, John Harrity, the law firm has seen a good deal of progress since it implemented the rule. Of the eight attorneys it has hired since November 2015, half were either minorities or women, and across the law firm, out of the 19 employees hired during that time period, 12 are women and minorities.”

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To learn more about Harrity & Harrity’s diversity initiatives, please visit our Diversity Page.

Practice Insights in the Wake of Visual Memory LLC v. NVIDIA Corp.

By Sean Quinn & Peter Glaser

August 25, 2017- In Visual Memory LLC v. NVIDIA Corp. (Fed. Cir. Aug. 15, 2017), a divided panel at the Federal Circuit determined that U.S. Patent No. 5,953,740 is not directed to an abstract idea.

The decision provides a positive result in the context of software-based inventions, and provides a few insights regarding potential patent drafting strategies.  Namely, the decision highlights the importance of focusing the specification on improvements to hardware components, and bolsters the importance of mentioning technical benefits wherever appropriate.  

The ‘740 patent teaches a memory system having programmable operational characteristics that are capable of being configured for use with multiple different types of processors without causing a reduction in performance ostensibly present in the prior art computer systems.  This enables the memory system to be used efficiently with multiple types of processors, rather than only with a single type of processor.  Further, the ‘740 patent claims a computer memory system comprising a main memory, a cache, and programmable operational characteristics that determine a type of data stored by the cache.

On appeal from a district court’s grant of NVIDIA’s motion to dismiss based on the asserted claims being directed to patent -ineligible subject matter, Judge Stoll, writing for the majority, stated that “[courts] must articulate with specificity what the claims are directed to (citing Thales Visionix Inc. v. United States),” and “ask whether the claims are directed to an improvement to computer functionality versus being directed to an abstract idea (citing Enfish LLC v. Microsoft).”  (Opinion at 7).

Using Enfish and Thales as guidance, the majority stated that the ‘740 patent’s claims are directed to an improved computer memory system rather than to an abstract idea of categorical data storage and  mentioned that claim 1 of the ‘740 patent requires a memory system “having one or more programmable operational characteristics, said characteristics being defined through configuration by said computer based on the type of said processor,” and “determin[ing] a type of data stored by said cache.”  (Opinion at 9).  Further, the  majority stated that dependent claims 2 and 3, respectively, narrow the memory system’s programmable operational characteristic to storing certain types of data and buffering data from certain sources and that none of the claims recite all types and all forms of categorical data storage.

The majority noted that the ‘740 patent’s specification mentions various technical benefits associated with the memory system, such as permitting different types of processors to be installed with the subject memory system without significantly compromising their individual performance, obviating the need to design a separate memory system for each type of processor, avoiding the performance problems of prior art memory systems, enabling interoperability with multiple different processors, and outperforming prior art memory systems having larger cache sizes.

Analogizing the ‘740 patent to the self-referential table in Enfish and the motion tracking system in Thales, the majority noted that the ‘740 patent’s claims are directed to a technological improvement and focus on a specific asserted improvement in computer capabilities rather than a process that qualifies as an abstract idea for which computers are invoked merely as a tool.  Further, the majority noted that the specification of the ‘740 patent discusses the advantages offered by the proffered technological improvement.  

Juxtaposing the ‘740 patent and the claims in Content Extraction & Transmission LLC v. Wells Fargo Bank and In re TLI Communications LLC Patent Litigation, the majority noted that the ‘740 patent recites an ostensibly new, improved, and more efficient memory system as opposed to claims that are not directed to an improvement in computer functionality and cover abstract ideas operating on generic hardware.

In dissent, Justice Hughes posited that the ‘740 patent fails to describe how the invention’s purpose is achieved, fails to describe how to implement the programmable operational characteristic, requires a third party to supply the innovative programming, and, as such, is not properly described as being directed to an improvement in computer systems.

In response, the majority identified three flaws with Justice Hughes’s posit.  

First, the majority noted that the ‘740 patent includes an appendix having 263 frames of code, and noted that the assumption that the code does not teach a person of ordinary skill in the art was improper at the stage of reviewing a Rule 12(b)(6) motion, where all factual inferences must be drawn in favor of the non-moving party.

Second, the majority noted that the question of whether a patent specification teaches a person of ordinary skill in the art how to implement the claimed invention presents an enablement issue under 35 U.S.C. § 112 rather than an eligibility issue under § 101.  Further, the majority noted that the implementation details regarding how to configure a programmable operational characteristic may very well fall within the routine knowledge of persons having ordinary skill in the art and, as such, may have been permissibly omitted.  

Third, the majority noted that Justice Hughes’s assumption that the innovative effort in the ‘740 patent lies in the programming required for a computer to configure a programmable operational characteristic of a cache memory was misplaced.  In support, the majority noted that the assumption was inconsistent with the ‘740 patent’s specification and claims, which expressly state that the improved memory system is achieved by configuring a programmable operational characteristics of a cache memory based on the type of processor connected to the memory system.

In closing, the majority refrained from proceeding to step two of the Alice test because of the finding that the claims of the ‘740 patent are not directed to an abstract idea.   

Going forward, the decision provides some instruction regarding potential patent drafting and prosecution strategies regarding software-based inventions and § 101 issues.  For example, the decision highlights the importance of directing the specification and claims to improvements in computer systems, and the importance of mentioning technical benefits provided by the invention wherever feasible.  Moreover, the case highlights a distinction that can be drawn between enablement and eligibility.

Download Practice Insights in the Wake of Visual Memory LLC v. NVIDIA Corp.

 

Diversity: An Interview With John Harrity

By Mauricio Velásquez, MBA

August 7, 2017- At a recent Association of Legal Administrators, Washington, D.C. Chapter meeting, John Harrity, Managing Partner of Harrity & Harrity, spoke about his firm’s Diversity and Inclusion initiative. Harrity & Harrity is an innovative boutique patent law firm based in Fairfax, VA. When asked about his firm’s commitment to Diversity and Inclusion, he explained, “We believe that the ‘practice of law’ is advanced by a more diverse legal team – with diversity of
background, upbringing, education, and perspective comes quality legal innovation. At Harrity & Harrity, we are committed to The Supersized Rooney Rule. This is a hiring practice that shows our firm’s commitment to diversity and inclusion is something that we take seriously; it’s something we’re very proud of.”

The Rooney Rule is a National Football League policy that requires league teams to interview minority candidates for head coaching and senior football operation jobs. But there was a flaw – the football team only had to interview at least one minority candidate for an NFL coach opening but could interview an unlimited number of other candidates. “The Rooney Rule is just not going far enough,” Mr. Harrity said, “we wanted to go much further and so we decided that for every opening – attorney or non-attorney – we are committed to interviewing a female or minority candidate for every male, non-minority candidate we interview.”

After his presentation, I asked Mr. Harrity what sort of benefits his current team could expect to see from their diversity efforts. “We are creating and nurturing a workplace culture that is inclusive, values differences, and is authentic, and we want our team to know we really care about them, their well-being, and their future. This will make us the patent law firm employer of choice. We are looking for good people from all backgrounds to help our team grow and to help us become the number one patent law firm.”

There has been recent press about the Mansfield Rule. This rule, introduced in 2016, requires that women and minorities comprise at least 30 percent of the candidates for leadership and governance roles, equity partner promotions, and lateral positions in law firms. Again Mr. Harrity countered, “Just like the Rooney Rule, we don’t think the Mansfield Rule goes far enough.”

Sandra Maxey, Chief Diversity Officer at Harrity & Harrity told me that “making the commitment is one thing, executing the everyday work of finding, hiring, and retaining divers talent is the real challenge. We are fully committed to diversity and inclusion at our firm.”

For more information about Harrity & Harrity’s Diversity Program, please visit their website (www.harrityllp.com/diversity). Please join Harrity & Harrity and the ranks of other law firms in implementing the Supersized Rooney Rule.

Mauricio Velásquez, MBA, is President and CEO of the Diversity Training Group based in Herndon, VA. He can be reached at 703-478-9191 or mauriciov@diversitydtg.com. DTG is in our 21st year of operation.

 

Editor’s Note: The Supersized Rooney Rule was created in 2015 by the Diversity Committee at Harrity & Harrity, LLP. For a brief period in 2017, it was known as The Harrity Rule, however, after careful consideration, the name was changed back.

 

 

Harrity & Harrity, LLP Announces Charitable Giving Initiative Harrity 4 Charity

Harrity & Harrity, LLP, has announced the launch of their charitable giving initiative, Harrity 4 Charity.

Harrity 4 Charity is an initiative that launched in July 2017 that represents a partnership between Harrity & Harrity and the American Heart Association, INOVA Children’s Hospital, Zero: The End of Prostate Cancer, and UNICEF.  Harrity & Harrity has pledged to donate 5% of profits to the partner charities, and 100% of the firm’s employees have pledged to donate a portion of their paychecks, as well. “We’re fortunate to be in a position where we can give back in such an extraordinary way,” says John Harrity, Managing Partner. “We couldn’t be more proud of our team and their commitment to helping others.”

These organizations were chosen by John Harrity, Paul Harrity, Sandra Maxey, and the Diversity Committee because each one was near and dear to their hearts.  The partners of Harrity & Harrity will also give the firm’s clients the opportunity to designate which charity they would like their portion of the firm’s profits to be donated.

Paul Harrity says of the initiative, “We see this as a way for us to make a difference in the world, and we hope other firms will do the same.”

Harrity & Harrity’s commitment to the community is manifested in other ways, as well.  The firm frequently volunteers time and in kind goods to benefit a number of charitable organizations, including Fairfax CASA, Alex’s Lemonade Stand, Duke Cancer Institute, and JDRF.  In October 2017, they will host the Sixth Annual Harrity Race Against Heart Disease benefitting the American Heart Association.

To learn more about the Harrity 4 Charity initiative, please visit www.Harrity4Charity.com.  To register for the Sixth Annual Harrity Race Against Heart Disease, please visit www.harrityllp.com/harrityrace.

Harrity & Harrity is an IP boutique that has been specializing in the preparation and prosecution of electrical and mechanical patent applications since 1999.  Our services include patent preparation and patent prosecution, patent opinions, patent analytics, patent quality support, and patent preparation and patent prosecution training.