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Celanese v. ITC: The Overlooked 271(g) Wrinkle and Competing Policy Concerns
by Dennis Crouch If you recall, Celanese v. ITC involves the sweetener known as AceK (acesulfame potassium), a compound discovered back in the...
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No Contradiction ⇒ No Indefiniteness
by Dennis Crouch The Federal Circuit recently issued a decision in Maxell, Ltd. v. Amperex Technology Limited , No. 2023-1194 (Fed. Cir. Mar....
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Pfizer v. Sanofi: Applying the Results-Effective Variable Doctrine in Obviousness Analysis
by Dennis Crouch The Federal Circuit has affirmed the PTAB’s finding that Pfizer’s pneumococcal vaccine patent is obvious, but...
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AI and Society: Government, Policy, and the Law at Mizzou
I am super excited to be part of a big interdisciplinary conference this week here at the University of Missouri where we’ll be focusing...
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Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?
by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. v ITC ,...
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The AGI Lawsuit: Elon Musk vs. OpenAI and the Quest for Artificial General Intelligence that Benefits Humanity
By Dennis Crouch Elon Musk was instrumental in the initial creation of OpenAI as a nonprofit with the vision of responsibly developing...
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Eligibility and Physical Products
by Dennis Crouch The six PTAB decisions reviewed below provide insight into the application of 35 USC 101 in cases involving more than just...
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Four Funerals: Recent PTAB 101 Decisions
I wanted to consider some recent PTAB jurisprudence on patent eligibility under 35 U.S.C. § 101. The following post reviews four recent...
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Covenant to not sue “at any time” terminated with the license agreement
by Dennis Crouch The recent Federal Circuit decision in AlexSam, Inc. v. MasterCard Intl. Inc. provides a lesson into the importance of...
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Making a Proper Determination of Obviousness
by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35...
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Burden of Proof Buffers Patent Owner Misconduct in Patent Revival Case
by Dennis Crouch A jury in Judge Albright’s W.D.Tex. court sided with Amazon – finding no infringement. On appeal, the Federal...
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Pour Me Another: The Supreme Court Revisits the ‘Bad Wine’ of the Copyright Discovery Rule
by Dennis Crouch and Timothy Knight On February 21, 2024, the Supreme Court heard oral arguments in the case of Warner Chappell Music v....
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The Sky’s the Limit: How Chestek Frees the USPTO
by Dennis Crouch Earlier this month, the Federal Circuit issued a decision in the case of In re Chestek that, on its face, simply upheld...
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Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy
By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case –...
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Obviousness: Is a Reasonable Expectation of Success Sufficient
by Dennis Crouch In Vanda v. Teva , the Federal Circuit confirmed the obviousness of Vanda’s claims covering use of tasimelteon (Hetlioz)...
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Federal Circuit Decisions – 2023 Stats and Datapack
By Jason Rantanen It’s time for the annual Federal Circuit statistics update! As I’ve done for the last few years, below I provide some...
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Incorporation by Reference Rules at the Federal Circuit
by Dennis Crouch Promptu Systems v. Comcast (Fed. Cir. 2024) The Federal Circuit released two opinions today involving these two...
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Redefining Patent Continuation Strategy: Sonos v. Google Appeal
by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. v. Google LLC , No. C...
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Joint Inventorship: AI-Human Style
by Dennis Crouch The U.S. Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the...
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Judge Newman’s D.C. Lawsuit Against Fellow Judges Largely Dismissed on Jurisdictional Grounds
by Dennis Crouch Federal Circuit Judge Pauline Newman has been fighting for her right to judge after charges implicating her fitness for office....
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Playing From The Rough: Kirkland Signature™ Irons and The Doctrine of Equivalents
Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri and a registered patent agent. He has an...
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March-In Rights
I have a poll running LinkedIn about whether the Federal Government should more aggressively use its march-in rights to ensure public access to...
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Don’t Judge a Range by its Cover: Federal Circuit Sides with Patentee on Written Description Support
by Dennis Crouch In a recent decision, the Federal Circuit held that a claimed range reciting narrower values than those described in the patent...
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Broad Bayh-Dole March-In Licensing Rights Affirmed in Alzheimer’s Mouse Patent Dispute
by Dennis Crouch The Federal Circuit recently upheld the US government’s royalty-free license rights over an Alzheimer’s disease research patent...
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Federal Circuit Reverses PTAB on Printed Publication Status of Operating Manuals
by Dennis Crouch It is interesting that we continue to have cases fighting over what counts as a “printed publication” under 35...