https://patentlyo.com/feed
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Logos Remain Relevant: Source Confusion and Design Patent Infringementby Dennis Crouch In a previous post, I examined the important issue of comparison prior art that emerged from the dispute between Columbia...
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Federal Circuit Narrows Scope of Egyptian Goddessby Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between...
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A Point of View vs The Point of View: Federal Circuit’s Subtle Claim Constructionby Dennis Crouch The Federal Circuit recently vacated and remanded a pair of Patent Trial and Appeal Board (PTAB) decisions that had upheld...
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Narrowing the Analogous Arts with a Problem-Solution Statementby Dennis Crouch The Federal Circuit recently issued an important decision regarding the analogous art doctrine in Netflix v. DivX , No....
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The Federal Circuit’s New Reluctance to Limit ClaimsDali Wireless Inc. v. CommScope Techs. LLC , No. 20-1045 (Fed. Cir. Sept. 6, 2023). Federal Circuit’s decision in Dali Wireless...
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Navigating Claim Construction and Broadening Amendments: Lessons from Sisvel v. Sierra Wirelessby Dennis Crouch In 2019, Sisvel began asserting its U.S. Patent Nos. 7,433,698 and 8,364,196 against cell phone makers, wireless chip...
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Mandamus for Improper Venueby Dennis Crouch The U.S. Court of Appeals for the Federal Circuit recently declined to issue a writ of mandamus directing the U.S. District...
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US Copyright Office Generative AI Inquiry: Where are the Thresholds?by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have...
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USPTO Downsizes HQ; Building Owner Faces Financial TroublesThe U.S. Patent and Trademark Office (USPTO) has called their 2.4 million square foot headquarters in Alexandria, Virginia home since 2005. But...
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Venue Transfer Games Continue: Rafqa Star v. Googleby Dennis Crouch Rafqa Star LLC v. Google LLC , No. 6:22-cv-01207-ADA, 2022 WL 3747666 (W.D. Tex. Aug. 17, 2022). Google is one of the...
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“Intent Engine” Claims Fail 101 for Lack of Technological Inventive Conceptby Dennis Crouch USC IP P’ship, L.P. v. Meta Platforms (Facebook) , 22-1397 (Fed. Cir. August 30, 2023) In a non-precedential opinion...
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Taylor v. Hunton Andrews Kurth LLP: A Cautionary Tale for Inventors and StartupsThe Harris County Texas appellate court recently affirmed summary judgment favoring the Hunton Andrews Kurth law firm and its attorneys. Taylor...
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Double Patenting and Patent Term Adjustmentby Dennis Crouch The Federal Circuit recently issued an important decision in In re: Cellect, LLC (Fed. Cir. Aug. 28, 2023) regarding how...
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Publicly Traded International Patent Firm IPH Continue Growth through Acquisitionby Dennis Crouch The publicly traded Australian company IPH Limited continues expanding its global intellectual property services empire....
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9th Circuit Revives False Claims Act Action for Fraud on the Patent Officeby Dennis Crouch The U.S. Court of Appeals for the Ninth Circuit recently issued a pair of decisions in the qui tam case Silbersher v....
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“Bald Girls Do Lunch” Unable to Sway the Federal Circuit in Case Involving Deuterated Drug for Alopecia AreataBy Chris Holman Sun Pharmaceutical v. Incyte , 2023 WL 5370639, Not Reported in Fed. Rptr. (Fed. Cir. Aug. 22, 2023) Bald Girls Do Lunch...
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Third Circuit Allows Deduction of Generic Hatch-Waxman Defense Costsby Dennis Crouch Mylan v. IRS , No. 22-1193, — F.4th — (3d Cir. July 27, 2023) In a recent tax appeal, the Third Circuit...
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PTAB Captains Take Notice: Carefully Weigh Secondary ConsiderationsBy Dennis Crouch The nexus requirement serves as a threshold that must be met before secondary indicia will be even considered as relevant to...
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Guest Post: Diversity Pledge: Boosting Innovation and CompetitivenessBy: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. This post is part of a series by the Diversity...
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Guest Post: Why Do Women Face Challenges in the Patent Process?By: Abhay Aneja , Assistant Professor of Law, University of California, Berkeley, Diversity Pilots Initiative Researcher, Gauri Subramani ,...
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Aseptic Patent Law: Which Side of Literal do you Favor?by Dennis Crouch Steuben Food recently lost its infringement case against Shibuya Hoppmann with the district court holding (1) the doctrine of...
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Looking Back: Graver Tank after 70 yearsby Dennis Crouch The Supreme Court’s landmark 1950 decision in Graver Tank & Mfg. Co. v. Linde Air Products Co. , 339 U.S. 605 (1950)...
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Utility Patents Granted per Calendar Year, 1840-2022By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that...
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Size Matters: Element-by-Element Analysis in Obviousnessby Dennis Crouch In re Universal Electronics, Inc. , No. 2022-1716 (Fed. Cir. Aug. 15, 2023) (non-precedential) This was a consolidated...
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DC District Court: AI-Created Works Ineligible for CopyrightBy Dennis Crouch Thaler v. Perlmutter, No. 22-1564 (D.D.C. Aug. 18, 2023). A federal court has dealt a blow to the prospect of granting...
