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30 Apr 2024, 7:30 am by Dennis Crouch
by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. [read post]
29 Apr 2024, 10:18 am by Dennis Crouch
by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. [read post]
27 Apr 2024, 2:02 pm by Dennis Crouch
by Dennis Crouch Non-compete agreements fly under the radar for most American lawyers. [read post]
26 Apr 2024, 12:41 pm by Dennis Crouch
by Dennis Crouch I was rereading the Supreme Court’s recent enablement decision of Amgen Inc. v. [read post]
25 Apr 2024, 9:46 am by Dennis Crouch
by Dennis Crouch This post walks through a new petition for writ of certiorari involving claims that Valeant Pharma defrauded the U.S. government by using fraudulently obtained patent rights prop up its drug prices. [read post]
23 Apr 2024, 10:28 am by Dennis Crouch
by Dennis Crouch I had been following the case of Teva v. [read post]
22 Apr 2024, 7:30 am by Dennis Crouch
by Dennis Crouch The Supreme Court has denied Vanda Pharmaceuticals’ petition for certiorari, leaving in place a Federal Circuit decision that invalidated Vanda’s patents on methods of using the sleep disorder drug Hetlioz (tasimelteon) as obvious. [read post]
21 Apr 2024, 8:07 am by Dennis Crouch
by Dennis Crouch The recent eligibility decision in AI Visualize v. [read post]
20 Apr 2024, 9:14 am by Dennis Crouch
by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. [read post]
19 Apr 2024, 8:39 am by Dennis Crouch
by Dennis Crouch The USPTO recently released yet another Notice of Proposed Rulemaking (NPRM) — this one focusing on codification of IPR/PGR rules associated with non-merits based “discretionary denials” of institution as well as termination due to settlement. [read post]
18 Apr 2024, 6:15 am by Dennis Crouch
by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. [read post]
17 Apr 2024, 9:07 am by Dennis Crouch
by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. [read post]
16 Apr 2024, 8:40 am by Dennis Crouch
by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the district court has personal jurisdiction over the defendant. [read post]
15 Apr 2024, 2:33 pm by Dennis Crouch
by Dennis Crouch The USPTO has published a notice of proposed rulemaking (NPRM) to formalize the process for Director Review of PTAB decisions. [read post]
15 Apr 2024, 10:40 am by Dennis Crouch
by Dennis Crouch The Federal Circuit’s new decision in Luv’N’Care, Ltd. [read post]
14 Apr 2024, 7:33 am by Dennis Crouch
by Dennis Crouch As many of you know, I have done machine learning work for many years — starting in the 1990s while in college. [read post]
14 Apr 2024, 5:01 am by Dennis Crouch
by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. [read post]
12 Apr 2024, 12:42 pm by Dennis Crouch
By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. [read post]