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Copyright-Free Sandbox: Implications of AI-Generated Contentby Dennis Crouch Conventional wisdom in copyright law has been to presumptively treat all online content as protected by copyright. This...
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One or More: One Simple Trick to Invalidate this Patentby Dennis Crouch ABS Global, Inc. v. Cytonome/ST, LLC , No. 22-1761 (Fed. Cir. Oct. 19, 2023). We have another precedential Federal...
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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrenceby Dennis Crouch In the trademark case of Great Concepts, LLC v. Chutter, Inc. , No. 2022-1212 (Fed. Cir. Oct. 18, 2023) , the Federal Circuit...
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The Complex Fact/Law Divide in Obviousness Analysisby Dennis Crouch The intersection between factual inquiries and legal conclusions in patent law is a complex and ever-evolving area, this is...
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Amending Claims to Capture Post-Filing Market ActivityOn LinkedIn I’m asking folks about continuation practice: Should it be OK to amend claims in a continuation to cover a competitor’s...
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Patent Continuation Strategies Face Major Threatby Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least...
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Claim Construction and the Indefinite Article Shuffleby Dennis Crouch The Federal Circuit’s new Finjan decision once again focuses attention on what I call patent law’s “...
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Secondary Considerations Get Short Shrift in Airbed Patent Fightby Dennis Crouch Team Worldwide Corp v. Intex Recreation Corp. (Fed. Cir 2023) I was disappointed to see the Federal Circuit’s...
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The History and Importance of the Jury Trial System – An Excerpt from a Patent Infringement TrialI was reading through a recent trial transcript and enjoyed the following historical introduction to the jury system offered by Judge Gilstrap....
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Sisvel v. Sierra Wireless – Useful Guidance for Prosecutors on Motivation to Combine and Means-Plus-Function Claimsby Dennis Crouch Today’s post introduces the new decision in Sisvel International S. A. v. Sierra Wireless, Inc. , No. 22-1493 (Fed....
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Upcoming EventsI have several public events coming up over the next few months that I’m looking forward to. I always enjoy the opportunity to connect with...
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VirnetX Seeks Supreme Court Review of IPR Joinder and Fake Acting Officialsby Dennis Crouch The high-stakes patent dispute between VirnetX and Apple continues with VirnetX’s new petition asking the Supreme Court...
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Kavanaugh Signals Openness to Revisiting Patent Eligibility Framework as Supreme Court Declines CareDx Petitionby Dennis Crouch The Supreme Court declined to hear an important patent eligibility case on October 2nd, denying certiorari in CareDx v. Natera...
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Discovering the Limit: Calculating the Copyright Damages Timelineby Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the...
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Broad Claims Bite Back: Drafting Narrower Scope in the Age of IPRby Dennis Crouch The Federal Circuit recently affirmed a PTAB IPR decision invalidating claims of Masimo U.S. Patent RE47,218 (“the ’218...
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Seeking Comment on Standards, SEPs, and Competitivenessby Dennis Crouch The U.S. Patent and Trademark Office (USPTO), International Trade Administration (ITA), and National Institute of Standards and...
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Guest post by Dr. Dimeglio – An Invitation to Inclusive InnovationGuest post by: Dr. Paola Cecchi Dimeglio , Chair of the Executive Leadership Research Initiative for Women and Minorities Attorneys at Harvard...
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Guest Post by Prof. Goodman – Unseen Contributors: Rethinking Attribution in Legal Practices for Equity and InclusionBy: Jordana R. Goodman Assistant Professor at Chico-Kent College of Law (This post is part of a series by the Diversity Pilots Initiative...
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Emails Analyzing Own Patents Likely Not Trade Secretsby Dennis Crouch In most patent cases, the parties jointly agree to a system limiting the publication of confidential case information and...
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Federal Circuit Affirms Finding of Indefiniteness in Dispute Over Mobile Phone and Camera Patentsby Dennis Crouch The U.S. Court of Appeals for the Federal Circuit recently affirmed a finding by Western District of Texas Judge Alan Albright...
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Caddo v. Siemens: Microsoft Settlement Covers Downstream Use and No Jurisdiction Over Foreign Parentby Dennis Crouch A short non-precedential opinion from the Federal Circuit provides guidance on two key issues: (1) downstream non-party...
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How Prosecution History Can Support a Motivation to Combineby Dennis Crouch Elekta Ltd. v. Zap Surgical Systems, Inc ., — F.4th — (Fed. Cir. Sept 21, 2023) The recent Federal Circuit...
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Federal Circuit Suspends Judge Newman for Refusing Mental Examby Dennis Crouch At the end of July 2023, a special committee of three Federal Circuit judges recommended a one-year suspension of Judge Newman...
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Enabled to Claim the Unknown? Federal Circuit applies Amgen v. Sanofi to invalidate broad antibody claimsby Dennis Crouch Baxalta Inc. v. Genentech, Inc. , No. 22-1461, — F.4th — (Fed. Cir. Sept. 20, 2023). The Federal Circuit...
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Supreme Court Patent Petitions: Seeking Guidance on Eligibility, Inventorship, and Procedureby Dennis Crouch A number of petitions are pending before the Supreme Court raising interesting patent issues, although none have been...
