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Sermon from the Bench: TTAB May Not “Altar” Course in Silenceby Dennis Crouch Universal Life Church Monastery v. American Marriage Ministries (Fed. Cir. 2023) (non-precedential) The case involves...
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Prior Art as of the Effective Filing Dateby Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in...
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The Fate of Patent Term Adjustment: In re Cellect Seeks Rehearing on Double Patentingby Dennis Crouch In August 2023, the Federal Circuit decided an important case questioning how obviousness-type double patenting (OTDP) is...
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Guest Post: Judgment Preservation Insurance and the Federal CircuitGuest post by Jonathan Stroud and Sam Korte. Mr. Stroud is the General Counsel of Unified Patents and Mr. Korte is Senior Principal Counsel...
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The MPF Resurrection: Still Waiting for a Miracle?by Dennis Crouch I have been thinking about the potential rise in the use of means-plus-function (MPF) claims as a reaction to...
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GUI Guidelines: The Old Rules are New AgainBy Sarah Burstein, Professor of Law at Suffolk University Law School USPTO Notice, 88 FR 80277 (Nov. 17, 2023) Last week, the USPTO...
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Further Thoughts on Patent Eligibility and PredictabilityBy Chris Holman I enjoyed reading the recent article by Professors Rantanen and Datzov , and was not surprised by their conclusion that the...
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Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark DecisionsThe U.S. Court of Appeals for the Federal Circuit recently affirmed two Trademark Trial and Appeal Board (TTAB) decisions. In In re GO &...
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14,000 Words to Win It: Why Medtronic’s Appeal Strategy Backfiredby Dennis Crouch The Federal Circuit’s new decision in Medtronic v. Teleflex delves into the old pre-AIA law of inventorship and prior...
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Predicting Eligibilityby Dennis Crouch I have really enjoyed reading the new article by Professors Rantanen and Datzov providing empirical evidence that eligibility...
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Design Patent Bar Now Realityby Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November...
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The Predictability of the Mayo/Alice Framework – A New Empirical PerspectiveBy Jason Rantanen and Nikola Datzov . Professor Datzov is an Assistant Professor at the University of North Dakota School of Law. The...
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AI as an Inventing Tool – it’s Implications for Patent Lawby Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing...
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Guest post by Hampole, Truffa & Wong: Breaking the Glass Ceiling: The Power of Female Peer NetworksGuest post by Menaka Hampole , Assistant Professor of Finance, Yale School of Management, Francesca Truffa , Postdoctoral Scholar, Stanford...
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Guest Post by Alice Li: Tips for Strengthening Innovation Ecosystems and Technology TransferGuest post by Alice Li , Cornell University, Executive Director of the Center for Technology Licensing, AUTM Board Member. This post is part of...
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The Debate Over the PREVAIL Act in PTAB Patent Reformby Dennis Crouch On Nov 8, the US Senate Judiciary IP Subcommittee held a key hearing on the PREVAIL ACT – The “ Promoting and...
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In re TikTok: Fifth Circuit Implicitly Backs Federal Circuit’s Use of Mandamus to Transfer Cases Out of W.D.Tex.by Dennis Crouch The 5th Circuit Court of Appeals recently decided an important convenient venue case. Granting TikTok’s mandamus...
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Rounding the Bend: Claim Construction and the Role of Extrinsic Evidenceby Dennis Crouch Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc ., No. 2022-1889 (Fed. Cir. Nov. 6, 2023) [ decision ] The...
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The Price of Principled Dissent: Fee-Shifting as a Deterrent to Legitimate Critique of Patent Doctrineby Dennis Crouch In re PersonalWeb Techs , — F.4th — (Fed. Cir. Nov 3, 2023) A few years ago, I published an article along with...
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Nose of Wax: The Ongoing Ambiguity in Claim Construction Standardsby Dennis Crouch One of the ambiguities with contemporary claim construction is how courts deal with loosely implied limitations from the...
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Safe, Secure, and Trustworthy Artificial Intelligenceby Dennis Crouch The White House this week issued a new executive order focusing on a variety of aspects of regulating artificial...
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Prosecution Strategies for the AIA Eraby Dennis Crouch The Federal Circuit’s new claim construction decision in Monterey Research, v. STMicroelectronics highlights the...
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Post-Hoc Party: You Should Have Said That Beforeby Dennis Crouch Netflix, Inc. v. DivX, LLC , — F.4th — (Fed. Cir. 2023) In recent years, a number of PTAB decisions have...
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Techno-Optimism and Its Ties to the U.S. Patent Systemby Dennis Crouch The idea of “techno-optimism” has been gaining traction lately, thanks to wealthy venture capitalist Marc...
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One Patent’s ‘Processor’ is Another’s ‘Means for Processing’: Dueling Claim Constructions at the Federal Circuitby Dennis Crouch WSOU Investments LLC v. Google LLC , Nos. 2022-1063, 2022-1065 (Fed. Cir. Oct. 19, 2023) WDTX District Court Judge...
