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13 May 2022, 8:50 am by Dennis Crouch
by Dennis Crouch The Federal Circuit’s new decision in Atlanta Gas Light Co. v. [read post]
10 May 2022, 8:31 am by Dennis Crouch
By Dennis Crouch Claim preclusion and issue preclusion are conceptually difficult, but the Federal Circuit has further confused preclusion doctrines in its patent law jurisprudence. [read post]
9 May 2022, 5:46 pm by Dennis Crouch
by Dennis Crouch Oral arguments in the AI-inventorship case of Thaler v. [read post]
6 May 2022, 8:10 am by Dennis Crouch
by Dennis Crouch Most of the Orange Book patents do not cover a novel active ingredient or new drug. [read post]
5 May 2022, 6:36 am by Dennis Crouch
by Dennis Crouch From 1793-1952, the Patent Act included a requirement that the specification “fully explain the principle” of any machine being patented. [read post]
4 May 2022, 6:11 am by Dennis Crouch
by Dennis Crouch For the chart below, I tabulated about 7,000 individual votes from the Federal Circuit Judges in patent cases decided 2014-2021. [read post]
3 May 2022, 7:05 pm by Dennis Crouch
by Dennis Crouch In a divided opinion, the Federal Circuit rejected a PTAB non-obviousness decision–holding that “generic industry skepticism” is irrelevant to the question of obviousness. [read post]
2 May 2022, 12:59 pm by Dennis Crouch
by Dennis Crouch On Sale Bar: The Federal Circuit’s recent decision in Sunoco Partners v. [read post]
28 Apr 2022, 7:25 am by Dennis Crouch
by Dennis Crouch Earlier this month, I posted a short essay about recent enablement cases at the PTAB. [read post]
26 Apr 2022, 7:25 am by Dennis Crouch
by Dennis Crouch New USPTO Director Kathi Vidal is working through the details of how to run the AIA-Trial Director Review program. [read post]
25 Apr 2022, 7:41 pm by Dennis Crouch
by Dennis Crouch I was reading recent PTAB ex parte cases looking to see how the Office is handling enablement questions. [read post]
21 Apr 2022, 10:07 am by Dennis Crouch
by Dennis Crouch For the first time since 2008, the Supreme Court’s October 2021 term will come to a close without any patent decisions. [read post]
20 Apr 2022, 7:22 am by Dennis Crouch
Dennis Crouch (@patentlyo) April 19, 2022 [read post]
19 Apr 2022, 12:50 pm by Dennis Crouch
Dennis Crouch, USPTO Third Party Submissions, Patently-O (Feb. 2, 2022) [read post]
18 Apr 2022, 7:09 pm by Dennis Crouch
by Dennis Crouch This week, the New York Times published a lengthy staff editorial negatively focusing on the U.S. patent office as a “backwater” used for corporate gamesmanship, won-over by “legal trickery,” and undermining innovation whenever possible. [read post]
16 Apr 2022, 2:49 pm by Dennis Crouch
Dennis Crouch, Nexus: Product must be “Essentially the Claimed Invention”, Patently-O (December 18, 2019). [read post]
14 Apr 2022, 9:21 am by Dennis Crouch
by Dennis Crouch In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. [read post]
12 Apr 2022, 1:15 pm by Dennis Crouch
by Dennis Crouch The Federal Circuit’s April 12, 2022 decision in Everstar Merchandise narrowly focuses on PTAB trial procedure.[1] And, as a non-precedential opinion, it lacks weight. [read post]