https://patentlyo.com/feed
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UMKC School of Law Wins National Patent Application Drafting Competition
By Chris Holman Last week the U. S. Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting...
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What is Next for Enablement and Written Description of Antibody Claims?
by Dennis Crouch I had been following the case of Teva v. Lilly for a few years. Teva has traditionally been a generic manufacturer, but in...
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Supreme Court Declines to Hear Vanda’s Patent Obviousness Appeal
by Dennis Crouch The Supreme Court has denied Vanda Pharmaceuticals’ petition for certiorari, leaving in place a Federal Circuit decision...
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AI Visualize and the Eligibility of Innovative AI Systems
by Dennis Crouch The recent eligibility decision in AI Visualize v. Nuance , __ F.4th __ (Fed. Cir. 2024), gives me pause to consider more...
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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute
by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. The...
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Codifying Discretionary Denial of IPR Petitions
by Dennis Crouch The USPTO recently released yet another Notice of Proposed Rulemaking (NPRM) — this one focusing on codification of...
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AI as Author: Thaler v. Perlmutter Now Before the DC Circuit
by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of...
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False Patent Marking as False Advertising: Overcoming Dastar
by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and...
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What I’m reading from academic journals
I’m always on the lookout for interesting new scholarship related to intellectual property and innovation policy. The following are a few of...
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The Use of Mandated Public Disclosures of Clinical Trials as Prior Art Against Study Sponsors
By Chris Holman Salix Pharms., Ltd. v. Norwich Pharms. Inc. , 2024 WL 1561195 (Fed. Cir. Apr. 11, 2024) Human clinical trials play an...
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Proposed Changes to Patent Law’s Proper Venue Statute: Venue Equity and Non-Uniformity Elimination Act of 2024
by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the...
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New USPTO Director Review Rules
by Dennis Crouch The USPTO has published a notice of proposed rulemaking (NPRM) to formalize the process for Director Review of PTAB decisions....
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Patentee’s Unclean Hands
by Dennis Crouch The Federal Circuit’s new decision in Luv’N’Care, Ltd. (LNC) v. Laurain and EZPZ , relies on the doctrine...
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What I’m doing with LLM-Based GenAI Tools
by Dennis Crouch As many of you know, I have done machine learning work for many years — starting in the 1990s while in college. However,...
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Patent Term Adjustment and Obviousness-Type Double Patenting: Cellect’s Bid for Supreme Court Review
by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the...
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The Design Law Treaty and the Struggle for International Harmonization of Industrial Design Protection
By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. For almost twenty...
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Guest post by Prof. Holbrook: Extraterritoriality and Patent Damages Under § 271(a)
Guest post by Tim Holbrook. Robert B. Yegge Endowed Distinguished Professor of Law and Provost’s Professor, University of Denver Sturm...
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Using AI in your Patent Practice
By Dennis Crouch Over the past year I’ve been investigating various generative Artificial Intelligence (GenAI) tools for assisting patent...
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Docketing Nightmare: CPA Global wins Despite their Docketing Error; Law Firm still on the hook for Missed Deadline
By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support...
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Federal Circuit Affirms ITC Divided Opinion in Sonos v. ITC
by Dennis Crouch In a non-precedential opinion, the Federal Circuit has affirmed the US International Trade Commission’s (ITC) final...
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De Forest Radio v. GE: A Landmark Supreme Court Decision on the Invention Requirement
By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio...
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Munsingwear Mootness in Sumitomo Pharma v. Vidal
by Dennis Crouch Although non-precedential, the Federal Circuit’s new decision in Sumitomo Pharma v. Vidal offers the important...
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Guest Post: Where Are the Patent Judge Shoppers Going?
By Paul R. Gugliuzza and J. Jonas Anderson In the past few weeks, more and more people outside of patent law have learned about ‘judge...
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USPTO Fees: Targeted Higher Fees to Push for Compact
by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which...
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Rader on 101 and the Statutory Text
By David Hricik, Mercer Law School Over on Gene Quinn’s IPwatchdog page, former chief judge Rader has written an article about the Supreme...