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Federal Circuit Limits Defendant Attorneys’ Fees Awards for IPR Expensesby Dennis Crouch The Federal Circuit’s recent decision in Dragon Intellectual Property LLC v. DISH Network L.L.C. affirms the district...
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Discussing Stern’s “Myth of Nonrivalry” for Patent LawBy Dennis Crouch Two people cannot wear the same sock (at least at the same time) but they can think the same thought, sing the same song, or...
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USPTO ARP Panel Restores MPF Sanity, but Still Rejects Xencor’s Claimsby Dennis Crouch In a new Appeals Review Panel (ARP), the USPTO has clarified the Office’s position on means plus function claims —...
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Navigating the USPTO’s Regulatory Wave: Key Comment Deadlines for Summer 2024by Dennis Crouch Over the past two months, the USPTO has issued an unusually large number of public comment requests related to various proposed...
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The Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Lawby Dennis Crouch I see the US Supreme Court’s 1912 decision in Henry v. A.B. Dick Co. as a major turning point in American patent and...
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PREP Act Immunity and its Silent Treatment of Intellectual Property Rightsby Dennis Crouch Although the Federal Circuit has dismissed Copan v. Puritan on jurisdictional grounds, I use the case to talk through COVID-19...
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How Chestek Impacts USPTO’s Rulemaking Authority and the Push to Restoreby Dennis Crouch The Federal Circuit’s recent decision in Chestek v. Vidal opened the door to extensive USPTO rulemaking that entirely...
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Gorsuch’s “Dead Letter” Prophecy: Hearst v. Martinelli may Settle Copyright’s Discovery Rule following the Warner Chappell Avoidanceby Dennis Crouch The pending Hearst v. Martinelli case may be the “dead letter” offered by Justice Gorsuch. This time, the...
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Terminal Disclaimers: A Growing Concern in Patent Practiceby Dennis Crouch In a recent post , I discussed major proposed changes to terminal disclaimer practice that could significantly impact the...
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Major Proposed Changes to Terminal Disclaimer Practice (and You are Not Going to Like it)by Dennis Crouch The USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in...
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Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery RuleBy Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. Nealy , No. 22-1078, 601...
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Finding More Than Studs: Domestic Industry Nexus Tightensby Dennis Crouch I always struggle to use these stud finders; I think its hard for them to focus when I’m around. Zircon Corp. v....
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Eolas Seeks Supreme Court Review of Federal Circuit’s Patent Eligibility DecisionEolas is seeking a writ of certiorari from the Supreme Court — hoping that the court will overturn the Federal Circuit’s decision...
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Patenting Informational Innovations: IOEngine Narrows the Printed Matter Doctrineby Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the...
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Cycling Towards Confusion: Is there room for iFIT Fitness Services and iFIT Safety Glasses?by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no...
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Amazon Patent Enforcement Process Can Create Personal Jurisdictionby Dennis Crouch In a significant decision on personal jurisdiction in patent cases, the Federal Circuit held that using Amazon’s patent...
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Federal Circuit Untangles Trademark Disputeby Dennis Crouch Araujo v. Framboise Holdings Inc ., No. 23-1142 (Fed. Cir. Apr. 30, 2024). In this appeal, the Federal Circuit affirmed a...
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Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringersby Dennis Crouch The Federal Circuit’s new decision in Intellectual Tech LLC v. Zebra Techs. Corp. , No. 2022-2207 (Fed. Cir....
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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Artby Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to...
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Ikorongo Challenges Federal Circuit’s Heightened “Same Invention” Requirement for Reissue Patentsby Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s...
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The Non-Compete Ban: Impact on Patenting and Challenging Implementationby Dennis Crouch Non-compete agreements fly under the radar for most American lawyers. One reason is that such restrictions have long...
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Without Undue Experimentation vs Without Any Experimentsby Dennis Crouch I was rereading the Supreme Court’s recent enablement decision of Amgen Inc. v. Sanofi , 598 U.S. 594 (2023) and was...
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Guest post by Profs. Chien and Grennan: Unpacking the Innovator-Inventor Gap: Evidence from EngineersBy: Colleen V. Chien , Professor of Law at the University of California, Berkeley School of Law and co-director of the Berkeley Center...
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Guest post by Lolita Darden: PPAC’s Bold Strategy to Transform Patent InclusionGuest post by: Lolita Darden , Chair, U.S. Patent and Trademark Office Patent Public Advisory Committee; Managing Partner, Darden Betts...
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SCT: False Claims Act Actions Based Upon Fraudulently Obtained Patent Rightsby Dennis Crouch This post walks through a new petition for writ of certiorari involving claims that Valeant Pharma defrauded the U.S....
