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AI and Patent Attorney MisconductYesterday in my patent prosecution course, students turned to AI tools to help them draft patent claims. None of the AI-proposed claims were...
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Judicial Misconduct Sanction Against Judge Newman Affirmedby Dennis Crouch The Judicial Conduct and Disability Committee has denied Federal Circuit Judge Pauline Newman’s petition challenging the...
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Livestream of LKQ v. GMThe Federal Circuit is hearing oral arguments today in the design patent case of LKQ Corporation v. GM Global Technology Operations LLC 21-2348....
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The US Constitution as an Interpretive Tool for Obviousness Lawby Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility...
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LKQ Corporation v. GM Global Tech: Design Patent En Bancby Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent...
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Two Mandamus Petitions: Transfer Granted, Improper Service Deniedby Dennis Crouch A Federal Circuit panel recently released a pair of mandamus orders dealing with important civil procedure issues – one...
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Gogo Continues In-Flight Services as Federal Circuit Rejects SmartSky’s Preliminary Injunction Appealby Dennis Crouch In SmartSky Networks, LLC v. Gogo Business Aviation, LLC , No. 2023-1058 (Fed. Cir. Jan. 31, 2024) , the Federal Circuit has...
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Race to the Finish: Timing Battles in Parallel IPR and District Court Litigationby Dennis Crouch The new petition for certiorari filed by Liquidia raises some interesting questions about the ongoing race between inter...
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Has Diehr been Overruled?; and How do you Prove Technological Advanceby Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won...
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Federal Circuit on TM Law’s Information Matter Doctrineby Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. In re GO & Associates , 22-1961...
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Guest Post by Prof Burstein: Sanctions & Schedule ABy Sarah Burstein, Professor of Law at Suffolk University Law School Jiangsu Huari Webbing Leather Co., Ltd. v. Joes Identified in Schedule...
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Judge Pauline Newman: Evaluate For YourselfDavid Lat has a great new podcast with Judge Pauline Newman and asks listeners to “evaluate the 96-year-old jurist’s mental acuity for...
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USPTO Granted Remand in Important Antibody Written Description Caseby Dennis Crouch The Federal Circuit has remanded the Xencor appeal — allowing USPTO leadership an opportunity to re-focus on the...
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Vanda Seeks Supreme Court Review on Lower Standard for ObviousnessVanda Pharmaceuticals recently filed a petition for writ of certiorari , asking the Supreme Court to review a May 2023 decision by the Federal...
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En Banc Denied in In re Cellect: Double Patenting and Patent Term Adjustmentby Dennis Crouch The Federal Circuit has denied Cellect’s en banc petition on the interplay between obviousness-type-double-patenting...
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See you Soon: Three Upcoming EventsI’m looking forward to participating in three really interesting upcoming events. Hope to see some of you there! Feb 6 12noon EST...
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A present assignment of future continuation applicationsby Dennis Crouch In Roku, Inc. v. ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring...
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Federal Circuit Upholds PTAB’s Obviousness Finding and Joinder Decision in CyWee v. ZTE Smartphone Patent CaseThe Federal Circuit recently affirmed a ruling by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) filed by ZTE and...
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Federal Circuit Rejects Another PTAB-Bias AppealI believe that today was the first time that I’ve seen the Federal Circuit issue a no-opinion affirmance in a case that included three...
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Apple Watch Stays on US Market, But Pulse-Ox Disabled Pending Appealby Dennis Crouch Apple v. Masimo (Fed. Cir. 2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal...
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The Carrot and Stick Approach to Innovationby Dennis Crouch A California Court of Appeals issued a product liability decision in early 2024 that raises interesting questions about the...
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Ethical Infantilism in the Age of Technological Advancementby Dennis Crouch Martin Luther King Jr. received the Nobel Peace Prize in 1964 , and I re-read his speech today — especially the...
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Improving Efficiency to Increase Competition Act: Burdens of Bayh-Doleby Dennis Crouch The Leading pro-IP Senators, Thom Tillis (R-NC) and Chris Coons (D-DE) recently introduced a bill focusing on patents stemming...
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ITC: Apple is an “Adjudicated Infringer” Improperly Seeking “Permission to Continue Infringing”by Dennis Crouch This article analyzes some of the latest developments in the ongoing legal battle between medical device company Masimo and...
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USPTO Guidelines: Amgen is a Nothingburgerby Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in...
