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USPTO Stands Firm that Patent Term Adjustment Creates Double Patenting Riskby Dennis Crouch It is OTDP week at Patently-O. The USPTO recently filed its response to Cellect’s en banc petition. In the case, the Federal...
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Acadia: Easy Tricks to Skirt Double Patenting Challengesby Dennis Crouch Acadia Pharms v. MSN Pharms , 20-cv-00985-GBW (D.Del. December 13, 2023) [ SG No OTDP ] I have been writing some about...
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Emergency Motion Sheds some Light on the Litigation Funder – Law Firm Relationshipby Dennis Crouch CTD Networks v. Microsoft (Fed. Cir. 2023) This appeal was filed after CTD’s infringement case was dismissed on the...
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Federal Circuit Continues to Apply Strict Obviousness-Type Double Patenting Analysisby Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision...
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More Than Just “Inventory”: Some Professional Responsibility Implications of Third Party Patent Assertion Entity FundingGuest 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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Federal Circuit Decision Causes Confusion on Trademark Cancellationby Dennis Crouch I previously wrote about the trademark case of Great Concepts v. Chutter that involves two restaurants both using the same...
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The FTC’s Misguided Comments on Copyright Office Generative AI QuestionsGuest Post from Professors Pamela Samuelson , Christopher Jon Sprigman , and Matthew Sag . The U.S. Copyright Office published a Notice of...
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When is the use of a product a “substantial noninfringing use” for purposes of Section 271(c)?By Chris Holman Sections 271(b) and 271(c) of the Patent Act form the statutory basis for the two forms of indirect patent infringement, induced...
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Drafting Functional Claims Still Risky Post-Aliceby Dennis Crouch Western Digital Techs., Inc. v. Viasat, Inc. , No. 22-CV-04376-HSG, 2023 WL 7739816 (N.D. Cal. Nov. 15, 2023) Docket No....
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Sonos v. Google: Late Claiming Estoppelby Dennis Crouch Sonos has filed its notice appealing Judge Alsup’s recent decision in Sonos v. Google that rendered two Sonos patents...
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Skinny Label Avoids Infringementby Dennis Crouch H. Lundbeck A/S v. Lupin Ltd. , Nos. 2022-1194, 2022-1208, 2022-1246 (Fed. Cir. Dec. 7, 2023) (Opinion by Judge Dyk, joined...
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USPTO again Asks for Remand in Xencor to reconsider its Decisions.by Dennis Crouch Since I have been writing about the pending appeal in In re Xencor , I thought I would keep readers updated on the briefing....
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Inferring Secondary Meaning from Product Design Copyingby Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme...
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Will AI lead to dramatic changes in patent prosecution over the next 5 years?There are still a couple of days left to have your voice heard in this survey. What do you think? Will AI lead to dramatic changes in patent...
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Brushed Aside? Dafni Tries to Keep its PTAB Win against Ontelby Dennis Crouch Ontel Products Corp. v. Guy A. Shaked Investments Ltd. , No. 22-1938 (Fed. Cir.) This pending case raises key issues of (1)...
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Join Me for the Ski CLE in Snowmass!by Dennis Crouch I’m excited that my next patent-law event will be the IP CLE Conference, January 7-10, 2024 at the Viewline in...
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VLSI’s $2.2b Infringement Verdict Rejected by Federal Circuitby Dennis Crouch VLSI Technology LLC v. Intel Corporation , No. 2022-1906 (Fed. Cir. Dec. 4, 2023) In its decision here, the Federal...
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Permissible Repair versus Impermissible Reconstructionby Dennis Crouch I was looking forward to the oral arguments in the interesting case of Karl Storz Endoscopy v. STERIS Instrument Management...
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No Mandamus Relief in Privilege Rulingby Dennis Crouch In a recent decision, the U.S. Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus filed by Cozy,...
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Motion for remand in XencorIn the pending Federal Circuit appeal In re Xencor , the USPTO Director recently filed an opposed motion asking the Court to remand the case back...
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Jepson Claimsby Dennis Crouch The chart above presents the powerful trend in the use of Jepson claim language in US patents over the years. It shows a...
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Jepson Formats and Means Limitations Under More Fireby Dennis Crouch I have been following the pending Federal Circuit case of In re Xencor . It is a quirky case involving both a...
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Supreme Court on Patent Law: November 2023by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the...
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Seeing Clearly: Article III Standing of IPR Judicial ReviewGuest 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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A Question of First Impression: What Happens When the PTAB Fails to Meet the Statutory Deadline for Issuing a Final Written Decision?By Chris Holman Purdue Pharma L.P. v. Collegium Pharm., Inc. , 2023 WL8043047 (Fed. Cir. Nov. 21, 2023) Section 326(a)(11) of Title 35 (the...
