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The Patent Battle That Won’t Quit



Just before this special issue on invention went to press, I got a message from IEEE senior member and patent attorney George Macdonald. Nearly two decades after I first reported on Corliss Orville “Cob” Burandt’s struggle with the U.S. Patent and Trademark Office, the 77-year-old inventor’s patent case was being revived.

From 1981 to 1990, Burandt had received a dozen U.S. patents for improvements to automotive engines, starting with his 1990 patent for variable valve-timing technology (U.S. Patent No. 4,961,406A). But he failed to convince any automakers to license his technology. What’s worse, he claims, some of the world’s major carmakers now use his inventions in their hybrid engines.

Shortly after reading my piece in 2005, Macdonald stepped forward to represent Burandt. By then, the inventor had already lost his patents because he hadn’t paid the US $40,000 in maintenance fees to keep them active.

Macdonald filed a petition to pay the maintenance fees late and another to revive a related child case. The maintenance fee petition was denied in 2006. While the petition to revive was still pending, Macdonald passed the maintenance fee baton to Hunton Andrews Kurth (HAK), which took the case pro bono. HAK attorneys argued that the USPTO should reinstate the 1990 parent patent.

The timing was crucial: If the parent patent was reinstated before 2008, Burandt would have had the opportunity to compel infringing corporations to pay him licensing fees. Unfortunately, for reasons that remain unclear, the patent office tried to paper Burandt’s legal team to death, Macdonald says. HAK could go no further in the maintenance-fee case after the U.S. Supreme Court declined to hear it in 2009.

Then, in 2010, the USPTO belatedly revived Burandt’s child continuation application. A continuation application lets an inventor add claims to their original patent application while maintaining the earlier filing date—1988 in this case.

However, this revival came with its own set of challenges. Macdonald was informed in 2011 that the patent examiner would issue the patent but later discovered that the application was placed into a then-secret program called the Sensitive Application Warning System (SAWS) instead. While touted as a way to quash applications for things like perpetual-motion machines, the SAWS process effectively slowed action on Burandt’s case.

After several more years of motions and rulings, Macdonald met IEEE Member Edward Pennington, who agreed to represent Burandt. Earlier this year, Pennington filed a complaint in the Eastern District of Virginia seeking the issuance of Burandt’s patent on the grounds that it was wrongfully denied.

As of this writing, Burandt still hasn’t seen a dime from his inventions. He subsists on his social security benefits. And while his case raises important questions about fairness, transparency, and the rights of individual inventors, Pennington says his client isn’t interested in becoming a poster boy for poor inventors.

“We’re not out to change policy at the patent office or to give Mr. Burandt a framed copy of the patent to say, ‘Look at me, I’m an inventor,’ ” says Pennington. “This is just to say, ‘Here’s a guy that would like to benefit from his idea.’ It just so happens that he’s pretty much in need. And even the slightest royalty would go a long ways for the guy.”

A Match Made in Yorktown Heights



It pays to have friends in fascinating places. You need look no further than the cover of this issue and the article “ IBM’s Big Bet on the Quantum-Centric Supercomputer” for evidence. The article by Ryan Mandelbaum, Antonio D. Córcoles, and Jay Gambetta came to us courtesy of the article’s illustrator, the inimitable graphic artist Carl De Torres, a longtime IEEE Spectrum contributor as well as a design and communications consultant for IBM Research.

Story ideas typically originate with Spectrum’s editors and pitches from expert authors and freelance journalists. So we were intrigued when De Torres approached Spectrum about doing an article on IBM Research’s cutting-edge work on quantum-centric supercomputing.

De Torres has been collaborating with IBM in a variety of capacities since 2009, when, while at Wired magazine creating infographics, he was asked by the ad agency Ogilvy to work on Big Blue’s advertising campaign “Let’s build a Smarter Planet.” That project went so well that De Torres struck out on his own the next year. His relationship with IBM expanded, as did his engagements with other media, such as Spectrum, Fortune, and The New York Times. “My interest in IBM quickly grew beyond helping them in a marketing capacity,” says De Torres, who owns and leads the design studio Optics Lab in Berkeley, Calif. “What I really wanted to do is get to the source of some of the smartest work happening in technology, and that was IBM Research.”

Last year, while working on visualizations of a quantum-centric supercomputer with Jay Gambetta, vice president and lead scientist of IBM Quantum at the Thomas J. Watson Research Center in Yorktown Heights, N.Y., De Torres was inspired to contact Spectrum’s creative director, Mark Montgomery, with an idea.

“I really loved this process because I got to bring together two of my favorite clients to create something really special.” —Carl De Torres

“I thought, ‘You know, I think IEEE Spectrum would love to see this work,’” De Torres told me. “So with Jay’s permission, I gave Mark a 30-second pitch. Mark liked it and ran it by the editors, and they said that it sounded very promising.” De Torres, members of the IBM Quantum team, and Spectrum editors had a call to brainstorm what the article could be. “From there everything quickly fell into place, and I worked with Spectrum and the IBM Quantum team on a visual approach to the story,” De Torres says.

As for the text, we knew it would take a deft editorial hand to help the authors explain what amounts to the peanut butter and chocolate of advanced computing. Fortunately for us, and for you, dear reader, Associate Editor Dina Genkina has a doctorate in atomic physics, in the subfield of quantum simulation. As Genkina explained to me, that speciality is “adjacent to quantum computing, but not quite the same—it’s more like the analog version of QC that’s not computationally complete.”

Genkina was thrilled to work with De Torres to make the technical illustrations both accurate and edifying. Spectrum prides itself on its tech illustrations, which De Torres notes are increasingly rare in the space-constrained era of mobile-media consumption.

“Working with Carl was so exciting,” Genkina says. “It was really his vision that made the article happen, and the scope of his ambition for the story was at times a bit terrifying. But it’s the kind of story where the illustrations make it come to life.”

De Torres was happy with the collaboration, too. “I really loved this process because I got to bring together two of my favorite clients to create something really special.”

This article appears in the September 2024 print issue.

The Doyen of the Valley Bids Adieu



When Senior Editor Tekla S. Perry started in this magazine’s New York office in 1979, she was issued the standard tools of the trade: notebooks, purple-colored pencils for making edits and corrections on page proofs, a push-button telephone wired into a WATS line for unlimited long distance calling, and an IBM Selectric typewriter, “the latest and greatest technology, from my perspective,” she recalled recently.

And she put that typewriter through its paces. “In this period she was doing deep and outstanding reporting on major Silicon Valley startups, outposts, and institutions, most notably Xerox PARC,” says Editorial Director for Content Development Glenn Zorpette, who began his career at IEEE Spectrum five years later. “She did some of this reporting and writing with Paul Wallich, another staffer in the 1980s. Together they produced stories that hold up to this day as invaluable records of a pivotal moment in Silicon Valley history.”

Indeed, the October 1985 feature story about Xerox PARC, which she cowrote with Wallich in 1985, ranks as Perry’s favorite article.

“While now it’s widely known that PARC invented history-making technology and blew its commercialization—there have been entire books written about that—Paul Wallich and I were the first to really dig into what had happened at PARC,” she says. “A few of the key researchers had left and were open to talking, and some people who were still there had hit the point of being frustrated enough to tell their stories. So we interviewed a huge number of them, virtually all in person and at length. Think about who we met! Alan Kay, Larry Tesler, Alvy Ray Smith, Bob Metcalfe, John Warnock and Chuck Geschke, Richard Shoup, Bert Sutherland, Charles Simonyi, Lynn Conway, and many others.”

“I know without a doubt that my path and those of my younger women colleagues have been smoothed enormously by the very fact that Tekla came before us and showed us the way.” –Jean Kumagai

After more than seven years of reporting trips to Silicon Valley, Perry relocated there permanently as Spectrum’s first “field editor.”

Over the course of more than four decades, Perry became known for her profiles of Valley visionaries and IEEE Medal of Honor recipients, most recently Vint Cerf and Bob Kahn. She established working relationships—and, in some cases, friendships—with some of the most important people in Northern California tech, including Kay and Smith, Steve Wozniak (Apple), Al Alcorn and Nolan Bushnell (Atari), Andy Grove (Intel), Judy Estrin (Bridge, Cisco, Packet Design), and John Hennessy (chairperson of Alphabet and former president of Stanford).

Just as her interview subjects were regarded as pioneers in their fields, Perry herself ranks as a pioneer for women tech journalists. As the first woman editor hired at Spectrum and one of a precious few women journalists reporting on technology at the time, she blazed a trail that others have followed, including several current Spectrum staff members.

“Tekla had already been at Spectrum for 20 years when I joined the staff,” Executive Editor Jean Kumagai told me. “I know without a doubt that my path and those of my younger women colleagues have been smoothed enormously by the very fact that Tekla came before us and showed us the way.”

Perry is retiring this month after 45 years of service to IEEE and its members. We’re sad to see her go and I know many readers are, too—from personal experience. I met an IEEE Life Member for breakfast a few weeks ago. I asked him, as an avid Spectrum reader since 1964, what he liked most about it. He began talking about Perry’s stories, and how she inspired him through the years. The connections forged between reader and writer are rare in this age of blurbage and spew, but the way Perry connected readers to their peers was, well, peerless. Just like Perry herself.

This article appears in the August 2024 print issue.

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