https://patentlyo.com/feed
-
Trade Secret Misappropriation Preliminary Injunction Reversed
By Dennis Crouch The Federal Circuit has reversed a preliminary injunction order in a trade secret misappropriation case, finding that the...
-
Democracy on Trial: Chestek and the Future of USPTO Accountability
by Dennis Crouch The pending petition for certiorari in Chestek v. Vidal focuses on the extend that the APA requires the USPTO to follow...
-
Federal Circuit Affirms Patent Rejection for Lack of Enablement in In re Pen
by Dennis Crouch The Federal Circuit (CAFC) recently affirmed a USPTO enablement rejection — holding that the patentee did not enable the...
-
Trump Too Small: Supreme Court Upholds Lanham Act’s Restriction on Registering Marks With Living Individual’s Names Without Consent
by Dennis Crouch In an important trademark law and free speech decision, the Supreme Court held in Vidal v. Elster , 602 U.S. ___ (2024) ,...
-
Pending En Banc Petitions at the Federal Circuit
by Dennis Crouch The Federal Circuit recently decided the en banc design patent case of LKQ v. GM, but the court has not issued an en banc...
-
Design Patent Examination Updates
Ten years ago – 2014 – the Supreme Court decided Alice Corp v. CLS Bank , holding that – yes indeed – the expansive...
-
Veterans’ Benefits at the Supreme Court: The Battle Over Benefit-of-the-Doubt
by Dennis Crouch In April 2024, the Supreme Court granted certiorari in the consolidated cases of Bufkin v. McDonough and Thornton v....
-
Supreme Court Update: June 2024
The US Supreme Court’s October 2023 term will come to a close later this month. The patent side has not seen much action in terms of new...
-
Father’s Day Gear Guide
Father’s Day is Coming Up! Here is the List for 2024: TheraGun : I use mine almost every day before working out to help with sore...
-
Mishandled Disclosures: A Greek Tragedy in IP Law
by Dennis Crouch Neuropublic S.A., a Greek technology company, has filed a federal lawsuit against the law firm Ladas & Parry LLP, with...
-
Patently-O Bits and Bytes
USPTO Patent News: Patent number 12 million issued on Tuesday, June 4, 2024, to Pacific Biosciences of California. The patent covers...
-
1 minute design patent survey
Join us today online for a discussion of design patents after the Federal Circuit’s upheaval in LKQ v. GM. Meanwhile – please answer...
-
Guest Post: Diversity Pilots Initiative Comment on Proposed Changes to PTAB Practice
Guest post by Ashton Woods , a JD candidate and member of the Juelsgaard Intellectual Property and Innovation Clinic at Stanford Law...
-
LKQ v. GM: Join us on June 4 at Noon (ET)
Talk about LKQ : I’m looking forward to joining Prof Sarah Burstein and others on Tuesday June 4 for an online panel discussion on the...
-
Commenting on the USPTO’s Proposed Rule on Terminal Disclaimers
by Dennis Crouch As I have previously discussed on Patently-O, the USPTO recently issued a notice of proposed rulemaking that could...
-
The NYIPLA Brief: Advocating for Patent Term Adjustments
by Dennis Crouch The Federal Circuit’s 2023 decision in In re Cellect, LLC , 81 F.4th 1216 (Fed. Cir. 2023) has set the stage for a...
-
Implied Contracts with the Government over Counterfeit Coins
by Dennis Crouch Although not expressly an IP case, the Federal Circuit’s new decision in The Portland Mint v. United States does...
-
Celebrity Names and Trademark Claims: Insights from the Hobbs Winery Case
by Dennis Crouch The Federal Circuit’s recent decision involving Paul Hobbs and Hobbs Winery raises a number of important issues for...
-
WIPO Adopts Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge
by Dennis Crouch For many years, there have been concerns about “biopiracy” – the misappropriation of genetic resources (GR)...
-
USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know
by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum...
-
Speck v. Bates: Federal Circuit’s Two-Way Test for Pre-Critical Date Claims Limits Belated Interferences and Derivation Proceedings
by Dennis Crouch Speck v. Bates , No. 23-1147 (Fed. Cir. May 23, 2024) In likely one of the last interference proceeding appeals, the...
-
Decoding Patent Ownership beginning with Core Principles
by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark...
-
Nominate Someone (Yourself?) for the USPTO’s Advisory Committees
by Dennis Crouch The USPTO is seeking nominations for several open positions on its Patent Public Advisory Committee (PPAC) and Trademark Public...
-
Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness
by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for...
-
Cellect or Reject? SCOTUS Asked to Consider Fate of ODP Doctrine
by Dennis Crouch In its new petition for certiorari in Cellect LLC v. Vidal , No. __ (U.S. May 20, 2024), Cellect argues that the Federal...