https://patentlyo.com/feed
-
In re Xencor: USPTO’s Inaction Following Federal Circuit Remand
by Dennis Crouch On January 23, 2024, the Federal Circuit granted the USPTO’s request for a remand in the case of In re Xencor, Inc . The...
-
Dow Chemical’s 1945 ‘Perfectly Plain’ Test for Obviousness
by Dennis Crouch The pending obviousness petition in Vanda v. Teva has prompted me to look back on some of the key Supreme Court cases...
-
Patent Rights and Cell-Free DNA cancer testing
by Dennis Crouch I have been following the ongoing case of Natera v. NeoGenomics that is currently on appeal before the Federal Circuit....
-
Federal Circuit Affirms Invalidity of Blockchain Gemstone Tracking Patent Under Section 101
by Dennis Crouch In Rady v. The Boston Consulting Group, Inc. , No. 2022-2218 (Fed. Cir. Mar. 27, 2024), the Federal Circuit affirmed the...
-
Obviousness and Pharmaceutical Method of Treatment Claims
by Dennis Crouch In April 2024, the Federal Circuit issued a significant decision vacating a district court’s judgment that Janssen...
-
Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta
In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district...
-
Today’s Obviousness Key: Motivation to Combine
by Dennis Crouch The Federal Circuit’s recent decision in Virtek Vision International ULC v. Assembly Guidance Systems, Inc ....
-
Federal Circuit Debates Scope of 271(e)(1) Safe Harbor and the Meaning of “Solely”
by Dennis Crouch The Federal Circuit’s recent 2-1 decision in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd. highlights...
-
The Quest for a Meaningful Threshold of Invention: Atlantic Works v. Brady (1883)
by Dennis Crouch My recent discussion of Vanda v. Teva references the landmark Supreme Court case of Atlantic Works v. Brady , 107...
-
Law School Casebook Review: Patent Law Fundamentals (Brean & Snow) 2d Ed
By David Hricik, Mercer Law School I realize most readers aren’t law professors, so you can stop now… I have taught IP courses for...
-
The Obviousness Hurdle
by Dennis Crouch The U.S. Supreme Court is weighing whether to grant certiorari in Vanda Pharmaceuticals v. Teva Pharmaceuticals. I have been...
-
Guidance on Examining Means Plus Function Claims
This week USPTO Commissioner for Patents Vaishali Udupa issued a memorandum to all patent examiners entitled “ Resources for Examining...
-
Judge Dodging: Apple loses Mandamus Transfer Action This Time
by Dennis Crouch In re Apple Inc. , No. 24-111 (Fed. Cir. 2024) Federal Circuit has denied Apple’s petition for a writ of mandamus...
-
Reviving the Permanent Injunction Inquiry: Federal Circuit Rejects a Categorical Rule Against Injunctions for Licensing Patentees
by Dennis Crouch In a nonprecedential disposition issued March 20, 2024, the Federal Circuit vacated a district court’s denial of a...
-
More on Reasonable Expectation of Success from the Federal Circuit
by Dennis Crouch In Sisvel v. TCT Mobile and Honeywell , the Federal Circuit has affirmed the PTAB’s IPR findings that the claims are...
-
Licensing by Acquisition: The High-Stakes Dispute Over Whether Intel is Licensed to VLSI’s Patents
The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of...
-
Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids
by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of...
-
The Judicial Conference and Its Random Assignment “Policy”
Guest post by Professors Jonas Anderson [1] and Paul Gugliuzza [2] On Tuesday, March 12, 2024, the Judicial Conference of the United...
-
When is a Government Official’s Social Media a State Action?
by Dennis Crouch Lindke v. Freed, 601 U.S. ___ (2024) 22-611_ap6c . This recent decision from the Supreme Court case grapples with the issue...
-
Banning TikTok: Protecting Americans from Foreign Adversary Controlled Applications Act
by Dennis Crouch Along with my work in intellectual property, I also spent a lot of time focusing on internet law issues and their interrelation...
-
The Analogous Art Doctrine Post-KSR: Insights from the Federal Circuit’s Daedalus Decision
by Dennis Crouch In a short nonprecedential decision, the Federal Circuit affirmed a PTAB IPR decision finding claims 15-25 of U.S. Patent No....
-
Timeliness in Supreme Court Practice
The recent case of Purdue Pharma v. Collegium Pharmaceutical , Case no. 23A766 , highlights the importance of adhering to the Supreme...
-
When ‘Interlock’ Causes Gridlock: Lessons from the Federal Circuit’s Decision in CoolIT Systems v. Vidal
by Dennis Crouch In a nonprecedential decision, the Federal Circuit has vacated and remanded a PTAB decision siding against the patentee. The...
-
Magic Language in Patent Applications
by Dennis Crouch The Federal Circuit handed down a mixed decision in Chewy, Inc. v. International Business Machines Corp. , 2022-1756 (Fed....
-
Newly Released CBP Ruling Reveals Apple Watch Pulse Oximetry Redesign
by Dennis Crouch In January 2024 a then-secret order from US Customs and Border Protection (CPB) had a major impact in the Masimo v. Apple...