https://patentlyo.com/feed
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Three issues: Law/Fact Distinction in Obviousness; Envisaging the Invention; and Newman in Dissentby Dennis Crouch Incept LLC v. Palette Life Sciences, Inc. , No. 21-2063 (Fed. Cir. Aug. 16, 2023) (Majority by Judges Schall and Taranto;...
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New Amendment to FRCP Could Help Streamline Privilege Management in Patent Casesby Dennis Crouch On August 15, 2023, the Judicial Conference Advisory Committee on Civil Rules published proposed amendments to Rules 16 and...
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Meta Claim Construction: Finding Meaning in the Meaningby Dennis Crouch One-E-Way, Inc. v. Apple Inc. , 22-2020 (Fed. Cir. Aug. 14, 2023) (nonprecedential) (Opinion by Chief Judge Moore, joined by...
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ApoA1-Fc Fusion Proteins: Federal Circuit keeps Patent Hopes Alive, Holding that the USPTO Must Explain its DecisionsIn re Theripion, Inc. , 2022-1346 (Fed. Cir. Aug. 10, 2023) (nonprecedential) (Opinion by Judge Stark, joined by Judges Hughes and Cunningham)....
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Shifting Arguments at the PTABby Dennis Crouch The Federal Circuit’s new decision in Rembrandt Diagnostics, LP v. Alere, Inc ., 2021-1796 (Fed. Cir. Aug 11, 2023)...
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Shamoon v. Resideo: Obviousness affirmedby Dennis Crouch Shamoon v. Resideo Technologies, Inc. , No. 2021-1813 (Fed. Cir. Aug. 8, 2023) (opinion by Judge Newman; joined by Judges...
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PTAB Strategy: Balancing the Sandbaggingby Dennis Crouch The Federal Circuit’s recent Axonics decision reflects an ongoing tension between IPR petitioners and patent owners...
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Special Committee: Newman Should be Suspended for 1 Year based upon Refusal to Undergo Medical Examinationsby Dennis Crouch The Federal Circuit Special Committee has released a 100+ page report that recommends Judge Pauline Newman be suspended for...
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Claim Construction Order Sets Stage for Moderna v. Pfizer Vaccine Patent Showdownby Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants...
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Overlapping Patent Doctrines: Eligibility versus Enablementby Dennis Crouch As I was reading the Federal Circuit’s nonprecedential decision in Realtime Data v. Array Networks , I noted the...
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Federal Circuit Jurisdiction over Permissive Counterclaims raising Patent Issuesby Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. This...
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Federal Circuit’s Sleepy Obviousness Decision and Vanda’s En Banc Rehearing Petitionby Dennis Crouch Documents: FedCir Vanda Decision ; Vanda EnBanc Brief The Federal Circuit recently sided with the accused infringers...
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Enablement, Written Description, and Anticipation: Takeaways from United Therapeutics v. Liquidiaby Dennis Crouch The Federal Circuit recently affirmed a district court decision in United Therapeutics Corp. v. Liquidia Technologies,...
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Registering Product Design and the Functional Limitationby Dennis Crouch TBL Licensing v. Vidal (4th Cir. 2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising...
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A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)by Dennis Crouch Intellectual property rights in the U.S. have long been a mix of state common law rights and federal statutory rights. Patents...
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Essential Elements Test for Reissues Patentsby Dennis Crouch In re Float’N’Grill LLC , 2022-1438 ( Fed. Cir. 2023 ) Just in time for my early August floating trip down in...
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User Matching Patent Fails 101 Test for Lacking Technical Improvementby Dennis Crouch Trinity Info Media, LLC v. Covalent, Inc. , No. 2022-1308, — F.4th — (Fed. Cir. July 14, 2023). Trinity Info...
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SNIPR v. Rockefeller: A Final Nail in the Interference Coffinby Dennis Crouch The key benefit of the first-to-file patent regime, introduced by the Leahy-Smith America Invents Act (AIA), is the clarity...
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Stay on Target: Proper Obviousness Analysis Requires Focus on Claimed Inventionby Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. In that frame, the...
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Guest Post by Prof. Koffi: A Gender Gap in Commercializing Scientific DiscoveriesGuest post by Marlene Koffi , Assistant Professor of Economics, University of Toronto and NBER Faculty Research Fellow. This post is part of...
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Guest Post: “Design Patent Exceptionalism” Isn’tBy Sarah Burstein, Professor of Law at Suffolk University Law School LKQ Corp. v. GM Global Tech. , 21-2348 (Fed. Cir. 2023) ( docket )....
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Claim Preclusion Across Infringement Typesby Dennis Crouch Inguran, LLC v. ABS Global, Inc ., No. 22-1385 (Fed. Cir. July 5, 2023) The court’s decision here makes two...
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Building a Better BOTOX®? PGR and EnablementGuest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri, head of our IP student association, and a...
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Stumbling in the Dark: Regional Circuit Law at the Federal CircuitGuest post by Paul R. Gugliuzza & Joshua L. Sohn One of the oddest things about the Federal Circuit is that, in the court’s view, it’s...
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Reevaluating Design Patent Obviousnessby Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in...
