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Madey and some patent attorneys say that the threat of financial punishment is needed in a world where universities increasingly profit from their own patent portfolios--and sue infringers. The decision also follows legal precedent, they add. "What the court said isn't surprising to most businesses, but I guess it's seen as unusual because the case [involved] a university," says Madey's attorney, Randall Roden of Tharrington Smith in Raleigh, North Carolina. It's been 70 years since a university was involved in a similar, potentially precedent-setting case, other attorneys note.
Madey and some patent attorneys say that the threat of financial punishment is needed in a world where universities increasingly profit from their own patent portfolios--and sue infringers. The decision also follows legal precedent, they add. "What the court said isn't surprising to most businesses, but I guess it's seen as unusual because the case [involved] a university," says Madey's attorney, Randall Roden of Tharrington Smith in Raleigh, North Carolina. It's been 70 years since a university was involved in a similar, potentially precedent-setting case, other attorneys note.
== Common algorithms that are known to be patented ==
=== Marching Cubes ===
* United States Patent  4,729,098
* Cline ,  et al. March 1, 1988
System and method employing nonlinear interpolation for the display of surface structures contained within the interior region of a solid body
Abstract
A method and apparatus for displaying three dimensional surface images includes the utilization of a case table for rapid retrieval of surface approximation information. Eight cubically adjacent data points associated with a given voxel element are compared with a predetermined threshold value or range to generate an eight bit vector. This eight bit vector is employed to rapidly produce vector lists of approximating surfaces. A non-linear interpolation operation is performed so as to more closely approximate the desired surface and to provide more accurate representations of vectors normal to the desired surface. The accurate representation of these normal directions provides means for accurately representing shading information on a display screen. The method and apparatus of the present invention are particularly useful for the display of medical images both from X-ray generated data and from data generated from various other sources including magnetic resonance imaging and positron emission tomography. The present invention provides a means for rapid generation of three dimensional images so as to enable interactive use by medical practitioners.
* Inventors: Cline; Harvey E. (Schenectady, NY); Lorensen; William E. (Ballston Lake, NY)
* Assignee: General Electric Company (Schenectady, NY)
* Appl. No.: 741391
* Filed: June 5, 1985
=== Iterative Closest Point ===
* United States Patent  5,715,166
* Besl ,  et al. February 3, 1998
Apparatus for the registration of three-dimensional shapes
Abstract
An apparatus for identifying surfaces, comprising a point digitizing apparatus for obtaining data points of a surface to be located and an apparatus, such as a memory device, for storing a mathematical model of a model surface. A microprocessor control unit registers the mathematical model and the obtained data points, wherein the microprocessor control unit accomplishes the registration by (i) determining a data point set comprising various points from the obtained data points, (ii) finding a set of closest points comprising, for each point of the data point set, a closest point on the first mathematical model, (iii) registering the data point set to the set of closest points to obtain a registered point set, (iv) computing a mean square distance of points of the registered point set to the closest point set, (v) comparing the mean square distance to a predetermined threshold and (vi) if the mean square distance is above a threshold, (vi.i) redefining the data point set as the registered point set and (vi.ii) repeating parts (ii), (iii), (iv) and (v). Resultant from the registration, the control unit provides an output signal that can be used to indicate the surface position, quality and/or identification.
* Inventors: Besl; Paul Joseph (Farmington Hills, MI); Mc Kay; Neil David (Royal Oak, MI)
* Assignee: General Motors Corporation (Detroit, MI)
* Appl. No.: 844062
* Filed: March 2, 1992
=== Active Shape Models ===
=== Correlation Ration Metric for Registration ===
* United States Patent  6,539,127
* Roche ,  et al. March 25, 2003
Electronic device for automatic registration of images
Abstract
An electronic data processing device receives first and second data sets representing first and second comparable digital images. It comprises registration means comprising a first module which calculates a main function representative of the correlation ratios between the data of the first and second sets, and a second module which determines a registration transformation between one of the images and the other from the main function.
* Inventors: Roche; Alexis (Antibes, FR); Ayache; Nicholas (Nice, FR); Malandain; Gregoire (Antibes, FR); Pennec; Xavier (Antibes, FR)
* Assignee: Inria Institut National de Recherche (Le Chesnay Cedex, FR)
* Appl. No.: 361313
* Filed: July 27, 1999
=== Image Guided Tracking of Medical Instruments ===
* United States Patent  6,782,287
* Grzeszczuk ,  et al. August 24, 2004
Method and apparatus for tracking a medical instrument based on image registration
Abstract
An apparatus, method and system for tracking a medical instrument, as it is moved in an operating space to a patient target site in the space, by constructing a composite, 3-D rendition of at least a part of the operating space based on an algorithm that registers pre-operative 3-D diagnostic scans of the operating space with real-time, stereo x-ray or radiograph images of the operating space. The invention has particular utility in tracking a flexible medical instrument and/or a medical instrument that moves inside the patient's body and is not visible to the surgeon.
* Inventors: Grzeszczuk; Robert (San Francisco, CA); Shahidi; Ramin (San Francisco, CA)
* Assignee: The Board of Trustees of the Leland Stanford Junior University (Stanford, CA); General Electric Company (Schenectady, NY)
* Appl. No.: 892402
* Filed: June 26, 2001
=== Vessel Tracking ===
* United States Patent  6,728,566
* Subramanyan ,  et al. April 27, 2004
Vessel tracking and tree extraction method and apparatus
Abstract
Computed tomography (CT) data (28) is collected for a plurality of slices by a CT scanner (10). At least a portion of the CT data is reconstructed (32) to form a volume image (34) defined by a plurality of two-dimensional image slices. At least one starting point is identified (72) within a blood vessel imaged in the three-dimensional image volume (34). The blood vessel is recursively tracked (70) to form a blood vessel representation (92).
* Inventors: Subramanyan; Krishna (Solon, OH); Chandra; Shalabh (Twinsburg, OH)
* Assignee: Koninklijke Philips Electronics, N.V. (Eindhoven, NL)
* Appl. No.: 990521
* Filed: November 21, 2001
=== Computer Aided Diagnosis of Thoracic Images ===
* United States Patent  6,795,521
* Hsu ,  et al. September 21, 2004
* Computer-aided diagnosis system for thoracic computer tomography images
Abstract
A method of detecting and analyzing abnormalities, like lung nodules, in thoracic computer tomography (CT) images uses digital image processing techniques and adaptive computing methods. The techniques include an automatic detection process to detect candidate abnormalities, an image matching process to match CT slices from two different CT scans, and a measurement process that determines parameters of the candidate abnormalities. Final results and processed CT images are displayed on a user interface.
* Inventors: Hsu; Li-Yueh (Vienna, VA); Lure; Fleming Y.-M. (Potomac, MD); Li; Ruiping (Rockville, MD); Xu; Xin-Wei (Gaithersburg, MD); Lin; Jyh-Shyan (North Potomac, MD); Martello; Edward A. (Glenwood, MD); Yeh; H.-Y. Michael (Potomac, MD)
* Assignee: Deus Technologies LLC (Rockville, MD)
* Appl. No.: 214464
* Filed: August 8, 2002
=== Image Segmentation using Flood Fill and Multi-Scale ===
* United States Patent  6,778,698
* Prakash ,  et al. August 17, 2004
Method and apparatus for digital image segmentation
Abstract
An image segmenter uses one or more techniques to accurately segment an image, including the use of a progressive flood fill to fill incompletely bounded segments, the use of a plurality of scaled transformations and guiding segmentation at one scale with segmentation results from another scale, detecting edges using a composite image that is a composite of multiple color planes, generating edge chains using multiple classes of edge pixels, generating edge chains using the plurality of scaled transformations, and/or filtering spurious edges at one scale based on edges detected at another scale.
* Inventors: Prakash; Adityo (Redwood Shores, CA); Ratner; Edward R. (Sunnyvale, CA); Chen; John S. (San Jose, CA); Cook; David L. (Playa Del Rey, CA)
* Assignee: PTS Corporation (San Jose, CA)
* Appl. No.: 591438
* Filed: June 9, 2000
=== Respiratory Compensation in MRI Coronary Imaging ===
* United States Patent  6,771,997
* Schaffer August 3, 2004
Respiratory compensation in MRI coronary imaging using diminishing variance
Abstract
The effects of complex motion of the heart and surrounding anatomy due to cardiac and respiratory motion is reduced in high resolution imaging of coronary arteries using a diminishing variance algorithm (DVA) using a navigator for tracking heart motion and iteratively reacquiring data frames where a data frame has a positional variance from a cumulative histogram of data. A target position is continually calculated from the cumulative histogram which is smoothed such as by low-pass filtering to continually provide a target position. An image histogram is developed based on a limited number of image frames which are iteratively replaced to attain desired image quality.
* Inventors: Schaffer; Robert W. (Stanford, CA)
* Assignee: The Board of Trustees of the Leland Stanford Junior University (Palo Alto, CA)
* Appl. No.: 952846
* Filed: September 11, 2001
=== Tomographic Image Reconstruction ===
* United States Patent  6,788,758
* De Villiers September 7, 2004
Method of reconstructing tomographic images
Abstract
A method of reconstructing a tomographic image of an object from incomplete projection data using a limited angle tomography technique. The method includes using the protection data to obtain a first reconstruction of the image. Thereafter, regions in the first reconstruction that can be predicted with an acceptable degree of certainty in a final reconstruction, are identified. Prior knowledge in the form of possible density levels and piece-wise smoothness that regions in an image can assume, are applied to those regions of acceptable certainty in the first reconstruction so as to obtain a second reconstruction. The projection data is then applied to projections of the second reconstruction using a constraining method to obtain a third reconstruction. In the same way regions of acceptable certainty are identified and the prior knowledge and the projection data are applied to the third reconstruction and subsequent reconstructions until a final reconstruction is achieved.
* Inventors: De Villiers; Mattieu Stefan (Cape Town, ZA)
* Assignee: African Medical Imaging (Proprietary) Limited (Cape Town, ZA)
* Appl. No.: 466496
* Filed: July 16, 2003
* PCT Filed: January 17, 2002
* PCT NO: PCT/IB02/00114
* PCT PUB.NO.: WO02/05800
* PCT PUB. Date: July 25, 2002
=== Image Registration and Tracking of Targets ===
* United States Patent  6,788,758
* De Villiers September 7, 2004
* Method of reconstructing tomographic images
Abstract
A method of reconstructing a tomographic image of an object from incomplete projection data using a limited angle tomography technique. The method includes using the protection data to obtain a first reconstruction of the image. Thereafter, regions in the first reconstruction that can be predicted with an acceptable degree of certainty in a final reconstruction, are identified. Prior knowledge in the form of possible density levels and piece-wise smoothness that regions in an image can assume, are applied to those regions of acceptable certainty in the first reconstruction so as to obtain a second reconstruction. The projection data is then applied to projections of the second reconstruction using a constraining method to obtain a third reconstruction. In the same way regions of acceptable certainty are identified and the prior knowledge and the projection data are applied to the third reconstruction and subsequent reconstructions until a final reconstruction is achieved.
* Inventors: De Villiers; Mattieu Stefan (Cape Town, ZA)
* Assignee: African Medical Imaging (Proprietary) Limited (Cape Town, ZA)
* Appl. No.: 466496
* Filed: July 16, 2003
* PCT Filed: January 17, 2002
* PCT NO: PCT/IB02/00114
* PCT PUB.NO.: WO02/05800
* PCT PUB. Date: July 25, 2002
=== Consistent Image Registration ===
* United States Patent  6,611,615
* Christensen August 26, 2003
Method and apparatus for generating consistent image registration
Abstract
The present invention provides a method and apparatus for generating inversely related forward and reverse image transformations in any image registration technique with ambiguous correspondence based upon the joint estimation of the transformation. Accordingly, two image data sets are received, a source and a target. Current sets of forward and reverse displacement fields are initialized. From the current set of forward and reverse displacement fields, the consistent forward transformation and the consistent reverse transformation are jointly estimated. These transformations are outputted.
* Inventors: Christensen; Gary E. (Iowa City, IA)
* Assignee: University of Iowa Research Foundation (Iowa City, IA)
* Appl. No.: 344621
* Filed: June 25, 1999
=== Segmentation based on Fast Marching and Mathematical Morphology ===
* United States Patent  6,788,758
* De Villiers September 7, 2004
Method of reconstructing tomographic images
Abstract
A method of reconstructing a tomographic image of an object from incomplete projection data using a limited angle tomography technique. The method includes using the protection data to obtain a first reconstruction of the image. Thereafter, regions in the first reconstruction that can be predicted with an acceptable degree of certainty in a final reconstruction, are identified. Prior knowledge in the form of possible density levels and piece-wise smoothness that regions in an image can assume, are applied to those regions of acceptable certainty in the first reconstruction so as to obtain a second reconstruction. The projection data is then applied to projections of the second reconstruction using a constraining method to obtain a third reconstruction. In the same way regions of acceptable certainty are identified and the prior knowledge and the projection data are applied to the third reconstruction and subsequent reconstructions until a final reconstruction is achieved.
* Inventors: De Villiers; Mattieu Stefan (Cape Town, ZA)
* Assignee: African Medical Imaging (Proprietary) Limited (Cape Town, ZA)
* Appl. No.: 466496
* Filed: July 16, 2003
* PCT Filed: January 17, 2002
* PCT NO: PCT/IB02/00114
* PCT PUB.NO.: WO02/05800
* PCT PUB. Date: July 25, 2002
=== Fluoroscopy to CT Image Registration ===
* United States Patent  6,714,810
* Grzeszczuk ,  et al. March 30, 2004
Fluoroscopic registration system and method
Abstract
A method and system for registering volumetric scan data of a patient surgical site with actual patient position are disclosed. In practicing the method, position data relating to (i) the x,y,z coordinates of a detector screen in fixed coordinate system, and the x,y, coordinates of patient features on the screen are used to determine the x,y,z coordinates of the patient features in the fixed coordinate system. These coordinates are then matched with the coordinates of the same patient features taken from pre-op scan data, e.g., CT scan data, to place the CT scan data in the fixed coordinate system.
* Inventors: Grzeszczuk; Robert (San Francisco, CA); Dehlinger; Peter J. (Palo Alto, CA)
* Assignee: Cbyon, Inc. (Palo Alto, CA)
* Appl. No.: 948731
* Filed: September 7, 2001
=== Pattern Recognition in Images using Neural Networks ===
* United States Patent  6,735,336
* Avni ,  et al. May 11, 2004
Apparatus for and method of pattern recognition and image analysis
Abstract
A method of comparing an input pattern with a memory pattern includes the steps of loading a representation of said input pattern into cells in an input layer; loading a representation of said memory pattern into cells in a memory layer; loading an initial value into cells in an intermediate layers between said input layer and said memory layer; comparing values of cells in said intermediate layers with values stored in cells of adjacent layers; updating values stored in cells in said intermediate layers based on said step of comparing; and mapping cells in said memory layer to cells in said input layer.
* Inventors: Avni; Yossi (Herzelia, IL); Suchard; Eytan (Kyriut Byalik, IL)
* Assignee: Applied Neural Computing Ltd. (Herzelia, IL)
* Appl. No.: 144754
* Filed: May 15, 2002
=== Motion Tracking fom Tagged Cardiac MRI ===
* United States Patent  6,757,423
* Amini June 29, 2004
Methods of processing tagged MRI data indicative of tissue motion including 4-D LV tissue tracking
Abstract
A method for tracking motion of tissue in three or four dimensions by obtaining a model from imaging data having tag planes from which a grid of control points may be defined. First, knot planes are calculated from the grid of control points of the imaging data. Next, the knot planes are fitted to the tag planes to obtain the model of the tissue. Next, motion of tissue in three or four dimensions is represented with the model of the tissue. Also disclosed is a method for reconstructing tag surfaces with B-spline surfaces from imaging data having sets of image slices with tag data and calculating motion between the B-spline surfaces, comprising the steps of: reconstructing at least a first B-spline surface from B-spline curves corresponding to a first tag surface from a first set of image slices; reconstructing at least a second B-spline surface from B-spline curves corresponding to a second tag surface from a second set of image slices; and calculating motion between B-spline surfaces. Also disclosed is a method for warping a first area in a first image slice of imaging data containing tag lines into a corresponding second area in a second image slice of imaging data successive in time to interpolate a dense displacement vector field using smoothing splines. First, find coordinates of the tag lines in both slices of imaging data. Next, reconstruct a dense displacement vector field with smoothing splines using coordinates of the tag lines. As a result, images indicating strain and images having indicators of tissue motion are provided.
* Inventors: Amini; Amir A. (St. Louis, MO)
* Assignee: Barnes-Jewish Hospital (St. Louis, MO)
* Appl. No.: 507189
* Filed: February 18, 2000
=== Pleural Detection from CT Images ===
* United States Patent  6,766,043
* Zeng ,  et al. July 20, 2004
Pleural nodule detection from CT thoracic images
Abstract
An algorithm is disclosed that recovers regions of possible pleural nodules left out of an organ field or otherwise undetected due to the nature of low level image processing in the organ field. A morphological closing with an elliptical structuring element is performed on a region to detect nodules within the size of the ellipsoid. A deformable surface-based analysis is performed in distinctive regions for the identification of larger nodules. The integrated use of a deformable surface model and chamfer distance potential enables explicit representation of regularized, or smoothed, surfaces within which nodule candidates may be detected.
* Inventors: Zeng; Xiaolan (Santa Clara, CA); Zhang; Wei (Union City, CA)
* Assignee: R2 Technology, Inc. (Sunnyvale, CA)
* Appl. No.: 993789
* Filed: November 23, 2001
=== Image Segmentation using Diffusion Propagation ===
* United States Patent  6,785,409
* Suri August 31, 2004
Segmentation method and apparatus for medical images using diffusion propagation, pixel classification, and mathematical morphology
Abstract
A method of digital imaging includes receiving image data and fitting a curve to boundaries within the image data. The curve is fit to the boundaries within the image data by extracting a region of interest from the image data and computing a signed distance transform in a narrow band within the region of interest. Finite difference equations including various variables are solved to determine a rate at which the distance transform changes. The distance transform is then diffused at that rate. The technique is based on region-based diffusion propagation, pixel classification, and mathematical morphology. The method is implemented to run in the narrow band of the region of interest specified by the user and the computations are implemented using a fast marching method in the narrow band. While idealized for distinguishing segments of white matter, gray matter, and cerebral spinal fluid in the brain, the algorithm can applied to find contours in any digital image.
* Inventors: Suri; Jasjit S. (Mayfield Heights, OH)
* Assignee: Koninklijke Philips Electronics, N.V. (Eindhoven, NL)
* Appl. No.: 695667
* Filed: October 24, 2000

Revision as of 17:26, 1 October 2004

The Insight Toolkit provides a very open licensing mechanism that allows the use of the software for research, education and comercial applications. This very open license enters in conflict with methods that have been patented. In short, patented methods have inherit restrictions that make them non-suitable to be distributed under the ITK license. In plain words:

   Patented algorithms can not be distributed with ITK


A surprisingly large number of image processing algorithms and methods are covered in full or in part a patents. What makes this even more dificult is the fact that in order to figure out if a particular method is patented you have to search on your own. This page is intended as an open space to welcome any notifications regarding methods that have been patented. In this way, users of the toolkit will be able to make informed decisions regarding whether they use or not such methods. The responsibility for seeking permision from patent holders remains in the users.

Where to search for Patents

The following are the official databases where you can search for issued patents.

United States Patent and Trademark Office

       http://www.uspto.gov/

WARNING: Research is NOT Exempted

Contrary to widespread belief, patented methods are NOT freely available for research or education. That is, the fact that you use a patented method for research or education DO NOT exempt you from requiring to obtain a license from the patent holder.

The U.S. Supreme court ruled recently on this issue regarding the case Madey v. Duke University,

Quote from Science Journal, Vol 299, Issue 5603, 26-27 , 3 January 2003:

Critics say the October decision,* in Madey v. Duke University, effectively ends a 170-year-old practice of allowing scientists to freely borrow patented technologies for limited use in basic research that isn't aimed at commercial ventures. The universities are asking the high court to review--and ultimately overturn--the decision by a special patent court, because they believe it will hinder research by forcing scientists to obtain permission before using patented technologies.

"The decision transforms the academic science landscape in a horribly perverse way," says David Korn of the Association of American Medical Colleges (AAMC) in Washington, D.C., one of the groups leading the charge. "It means that [government] research funds will be diverted into legal and administrative costs."

A lower court sided with Duke, ruling in 1999 that the university wasn't infringing because its researchers were using the devices "for experimental, nonprofit purposes only." That standard is rooted in an 1831 case. But a federal appeals court reversed the decision in October, noting that Duke is a businesslike entity that profited from the use of the lasers. The research "unmistakably further[ed Duke's] legitimate business objectives, including educating and enlightening students and faculty" and helped it "lure lucrative research grants," wrote Federal Circuit Court of Appeals Judge Arthur Gajarsa.

That language outraged many university research advocates because it implies that the research exemption doesn't apply in an academic setting. "To categorize a research university, with its educational mission, as just another commercial operation borders on ludicrous," says Sheldon Steinbach, general counsel of the American Council on Education (ACE) in Washington, D.C. It will be "disastrous," he says, if researchers have to stop and conduct expensive, time-consuming patent searches and make licensing deals every time they want to bring a new technology or technique into the lab.

It also will be difficult for administrators to keep track of which researchers are using patented material, adds James Severson, the new provost for intellectual property at the University of Washington, Seattle. "Academic scientists often don't know, and don't even think about, whether something is protected by a patent," he says. But the cost of not paying attention could be high, experts say, since alleged infringers could face triple-damages lawsuits.

Madey and some patent attorneys say that the threat of financial punishment is needed in a world where universities increasingly profit from their own patent portfolios--and sue infringers. The decision also follows legal precedent, they add. "What the court said isn't surprising to most businesses, but I guess it's seen as unusual because the case [involved] a university," says Madey's attorney, Randall Roden of Tharrington Smith in Raleigh, North Carolina. It's been 70 years since a university was involved in a similar, potentially precedent-setting case, other attorneys note.