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Claim Construction and its Role in Eligibilityby Dennis Crouch In 2022, the Federal Circuit issued a Judge Hughes decision in IBM v. Zillow invaliding the claims of IBM’s asserted...
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Yes, a “single biomolecule” means one biomoleculeby Dennis Crouch Pacific BioSciences v. Personal Genomics (Fed. Cir. 2024) PacBio was partially successful in its IPR against Personal...
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A publication “by others” under pre-AIA Section 102by Dennis Crouch The text of pre-AIA Section 102(a) suggests that an inventor’s own prior publication qualifies as invalidating prior...
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Supreme Court Denies Certiorari in Three Patent CasesThe Supreme Court announced on Monday, January 8, 2024, it has denied certiorari petitions in three patent cases that we have been watching. This...
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Federal Funded Innovation and March-In Rightsby Dennis Crouch The Biden Administration is seeking comment on its proposed framework for how how agencies should evaluate exercising “march-in...
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Sharon Israel, PTO New Chief Policy OfficerCongratulations to Sharon Israel on her new leadership role at the USPTO. I was happy to learn that Director Vidal has appointed Sharon Israel...
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Plagiarism Police come for Winston & StrawnHsuanyeh Law Group v. Winston & Strawn , 23-cv-11193 (S.D.N.Y. 2024) A recent copyright infringement lawsuit filed by small Boston...
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Federal Circuit Affirms Invalidity of Genus Claims to Stevia Production Method Lacking Written Description and Narrower Claims as Combining Natural Phenomena with an Abstract Ideaby Dennis Crouch In PureCircle USA Inc. v. SweeGen, Inc. , No. 22-1946 (Fed. Cir. Jan. 2, 2024) (non-precedential) [ PureCircle Decision ],...
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The First Precedential Patent Decision of 2023: Dexcom v. Abbott Diabetes Careby Dennis Crouch The U.S. Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc....
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Patent Law Exam 2023: Are you Smarter than a Law Student?by Dennis Crouch The following is my patent law exam from this past semester. As in years past, the exam was worth less than half of the final...
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Coffee and Claim Construction: The Plain and Ordinary Meaning of “Barcode”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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Patent Grant Total 2023by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. This marks the...
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Trademark Influencers and Aspen Mountainby Dennis Crouch I’m excited to head out to Snowmass in early January for the IP-SKI conference! Although we have the Ozarks here in...
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Artificial Intelligence and Copyright in China: Lessons from a Recent Court Caseby Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China has begun its move...
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Federal Circuit Appellate court Grants Emergency Stay of Apple Watch Banby Dennis Crouch The patent battle between Masimo and Apple over pulse oximetry technology in the Apple Watch took a new turn on December...
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Fed Cir affirms PTAB decision Invalidating 1996 Patent on Mobile Base Stationsby Dennis Crouch In a non-precedential decision, the Federal Circuit has affirmed a set of PTAB decisions canceling the claims of four patents...
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Emergency Appeal of the Apple Watch Banby Dennis Crouch December 25th, marked the deadline for President Biden to reject the U.S. International Trade Commission’s (USITC) ruling...
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Merry Christmas and Happy Holidays from Patently-OContinue reading Merry Christmas and Happy Holidays from Patently-O at Patently-O.
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Guest post by Gugliuzza, Goodman, & Rebouché: Inequality and Intersectionality at the Federal CircuitBy: Paul Gugliuzza is a Professor of Law at Temple University Beasley School of Law, Jordana R. Goodman is an Assistant Professor of...
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Guest post by Heath, Seegert, & Yang: Open-Source Innovation and Team DiversityGuest post by: Davidson Heath , Assistant Professor of Finance, Nathan Seegert , Associate Professor of Finance, and Jeffrey Yang...
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No Patent for Robot Inventions: UK Supreme Court Rules on AI Inventorship in Thaler v. Comptroller-Generalby Dennis Crouch Thaler v. Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the...
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Dismissal but no Vacatur: Federal Circuit Declines to Disturb PTAB’s Upholding of Dafni’s Hair Brush Patentby Dennis Crouch In a recent nonprecedential decision, the Federal Circuit dismissed Ontel’s appeal seeking to overturn the PTAB’s IPR decision...
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Serving Foreign Defendants: Navigating the Hague and Texas Substituted Serviceby Dennis Crouch An increasing number of foreign defendants are being sued for IP infringement in US courts. These cases raise important...
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The Battle Over Domicile Disclosure by Trademark Applicantsby Dennis Crouch In the pending appeal of In re Chestek, PLLC , No. 22-1843, a trademark applicant is opposing the USPTO requirement that...
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Bolstered by 5th Circuit, Federal Circuit Again Rejects WTDX Judge Albright’s Venue Analysisby Dennis Crouch The Federal Circuit has granted a large number of mandamus petitions in order to move cases out of Judge Alan Albright’s...
