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Devil’s Dictionary of Patent Law
Longtime patent attorney Martin Abramson just sent me a copy of his short 153 page book titled The Devil’s Dictionary of Patent Law &...
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Guest Post: Margo Bagley, The Diversity Pilots Initiative
Editor’s note: This post is the first in a series relating to the Diversity Pilots Initiative , a project co-organized by Professors...
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PTAB Finds Patentee Breached Duty of Candor During IPR But in Doing So Conflates Rule 56 and IPR Candor Rules
By David Hricik, Mercer Law School In a single decision issued by several panels, the Board held that the patentee had failed to act in good...
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Some Thoughts on Amgen v. Sanofi
By Chris Holman Much has been already been written about the Supreme Court’s recent decision in Amgen v. Sanofi , including Dennis’s prompt...
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Summary Judgment Denial and Its Ramifications for Attorney Fee Motions
by Dennis Crouch In OneSubsea IP v. FMC Tech (Fed. Cir. 2023) , the court has affirmed a district court denial of attorney fees for the...
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Connect & Collaborate: Unpacking the NAPP 2023 Annual Meeting & Conference
by Dennis Crouch As a member and supporter of the National Association of Patent Practitioners (NAPP), I am looking forward to the NAPP...
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Shaping the Future of Patent Law: The Amgen v. Sanofi Decision and Bite-Sized Monopolies
by Dennis Crouch “The more one claims, the more one must enable.” In a unanimous opinion delivered by Justice Gorsuch, the...
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Assessing Judicial Fitness: Judge Newman’s Alleged Cognitive Decline
by Dennis Crouch This week, the Federal Circuit disclosed further documents from a special committee established to evaluate the potential...
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Streamlining the Qualification Process: Key Changes to the USPTO Patent Practitioner Registration
by Dennis Crouch In the US, registered patent practitioners are required to have a science or engineering background. Over the past few years,...
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A New Horizon: Design Patent Practitioner Bar Proposed by USPTO
by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar . The...
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Certiorari Denied in Eligibility Cases
by Dennis Crouch In spite of robust amicus backing, including from the US Solicitor General, the Supreme Court has declined to review two...
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Judicial Disability and the “Great Dissenter”
Guest Post by Paul R. Gugliuzza , Professor of Law, Temple University Beasley School of Law The judicial disability proceedings...
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Petitioner’s Failure to Argue that Prior Art was Analogous to Challenged Patent Results in Reversal of IPR Decision
By Chris Holman Sanofi-Aventis Deutschland GMBH v. Mylan Pharms Inc. , 2023 WL 3311549, — F.4th — (Fed. Cir. May 9, 2023). The...
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Judge Newman vs. Chief Judge Moore
I have often written about situations where Judge Pauline Newman’s position is opposed to those taken by other judges on the Federal...
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Comments on USPTO Proposed Fee Changes
The USPTO has proposed a major set of patent fee revisions. One purpose of the new fees is to raise revenue. It is also clear that the...
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Can States Legislate in the AI Rights Space?
by Dennis Crouch In Bonito Boats, Inc. v. Thunder Craft Boats, Inc. , the Supreme Court addressed the issue of state laws that provide...
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Attorney Fees on Undecided Inequitable Conduct Issues
by Dennis Crouch United Cannabis Corp (UCANN) vs. Pure Hemp Collective , — F.4th — (Fed. Cir. 2023) The UCANN vs. Pure Hemp...
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An API for the Human Mind
by Dennis Crouch The pace of technological advancement never ceases to amaze me, and it seems like even science fiction is struggling to keep...
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Generative AI and Copyright
A few days ago I wrote an essay about the ongoing economic war between the leaders of the US and those of China, with a focus on the impact US...
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Bringing Home the Bacon with Joint Inventorship
Guest Post by Jordan Duenckel. Jordan is a second-year law student at the University of Missouri, head of our IP student association, and a...
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The Split on Pleading Scienter for Inequitable Conduct
by David Hricik, Mercer Law School Federal Rule of Civil Procedure 9(b) requires that fraud or mistake be pled with particularity. The Federal...
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The Supreme Court and Patent Protection for Medical Diagnostics: A Closer Look at CareDx and Stanford U v. Eurofins
by Dennis Crouch The recently filed petition for certiorari in CareDx and Stanford University v. Eurofins Viracor, Inc . (Supreme Court...
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Supreme Court Holds Over Two Patent Cases, Considers Two More on Patent Eligibility
by Dennis Crouch On May 1, the U.S. Supreme Court revealed its decisions from the April 28 conference. Among the three patent cases considered,...
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Professional Liability risks of filing in DOCX
Carl Oppedahl has been focused on the USPTO’s electronic filing and docketing system for several decades. Most recently, he has been calling...
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Establishing Guidelines for Patent Damages: The Garretson v. Clark Case of 1884
by Dennis Crouch Calculating damages for patent infringement can be a complex task, particularly when the invention is an improvement to an...