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29 Mar 2025, 9:24 am by Dennis Crouch
by Dennis Crouch In a significant procedural shift, Acting USPTO Director Coke Morgan Stewart has announced a new "Interim Process for PTAB Workload Management" that fundamentally changes aspects of how America Invents Act (AIA) patent challenges are handled. [read post]
17 Mar 2025, 4:21 pm by Dennis Crouch
by Dennis Crouch I'm delivering a U.S. patent law year-in-review for the past year or so. [read post]
7 Apr 2025, 8:17 am by Dennis Crouch
by Dennis Crouch The Federal Circuit issued a significant trade secret remedies decision AMS-OSRAM USA Inc. v. [read post]
18 Apr 2025, 10:25 am by Dennis Crouch
by Dennis Crouch The Federal Circuit's AI-patent decision this week affirmed a district court's dismissal of the claims as ineligible, holding that "generic" machine learning technology is itself an abstract idea. [read post]
17 Apr 2025, 7:41 pm by Dennis Crouch
by Dennis Crouch Back when he was a law professor here at Mizzou, I recall taking with Sen. [read post]
29 Apr 2025, 7:36 am by Dennis Crouch
by Dennis Crouch Last week, Acting USPTO Director Coke Morgan Stewart vacated Final Written Decisions invalidating two semiconductor patents, remanding the cases back to the PTAB with instructions to permit discovery into potential privity relationships. [read post]
22 Apr 2025, 10:06 am by Dennis Crouch
by Dennis Crouch While a design patent can technically claim priority to a prior utility patent, that approach takes some planning and forethought to ensure that the utility patent's drawings and disclosure sufficiently show possession of the specific ornamental design features that will later be claimed in the design application. [read post]
15 Apr 2025, 12:17 pm by Dennis Crouch
by Dennis Crouch The USPTO is shrinking the typical timeline from issuance to he USPTO has announced a significant improvement to their patent issuance process that will benefit inventors and patent holders across the nation. [read post]
15 Apr 2025, 11:46 am by Dennis Crouch
by Dennis Crouch In this post, I use the Federal Circuit's recent decision in Sage Products, LLC v. [read post]
20 Apr 2025, 7:17 pm by Dennis Crouch
by Dennis Crouch Pending Supreme Court petition in Converter Manufacturing v. [read post]
9 May 2025, 11:13 am by Dennis Crouch
by Dennis Crouch The Federal Circuit recently affirmed a decision from the Trademark Trial and Appeal Board (TTAB) that refused registration of the mark "US SPACE FORCE" based on false suggestion of a connection with the United States. [read post]
19 May 2025, 7:25 pm by Dennis Crouch
by Dennis Crouch In a significant development for PTAB practice, Acting USPTO Director Coke Morgan Stewart has issued a precedential decision that conclusively establishes IDS-cited art as grounds for discretionary denial while creating a narrow exception for "mega-IDSs. [read post]
12 May 2025, 1:59 pm by Dennis Crouch
by Dennis Crouch In an interesting decision affecting one of the most high-profile patent disputes in biotechnology, the Federal Circuit has partially vacated and remanded a PTAB decision that awarded priority of invention for CRISPR-Cas9 technology in eukaryotic cells to scientists at the Broad Institute. [read post]
14 May 2025, 5:31 am by Dennis Crouch
by Dennis Crouch I was researching my recent Brulotte / Kimble post and stumbled across a new decision from the Fourth Circuit ceding appellate jurisdiction to the Federal Circuit based upon a defendant's assertion of a patent misuse defense (in the form of a counterclaim) after being sued for breach of contract. [read post]
13 May 2025, 4:55 am by Dennis Crouch
by Dennis Crouch I just read Atrium Medical's SCOTUS petition -- asking the court help resolve a circuit split involving the the Brulotte & Kimble doctrines that bars collecting royalties after a patent expires, even if agreed-to by contract. [read post]
20 May 2025, 11:53 am by Dennis Crouch
by Dennis Crouch In a display of judicial frustration with attorney conduct, the Federal Circuit (i.e., Chief Judge Moore) recently confronted two appellants for apparently attempting to circumvent word count limitations through a "divide and conquer" briefing strategy. [read post]
22 May 2025, 7:04 pm by Dennis Crouch
By Dennis Crouch In an extraordinary lawsuit filed today, Register of Copyrights Shira Perlmutter has sued President Trump and several administration officials, challenging her purported removal from office and the President's attempt to install Deputy Attorney General Todd Blanche as acting Librarian of Congress. [read post]
8 Apr 2014, 6:59 am by Dennis Crouch
See Dennis Crouch, Should you Transform Your Pre-AIA Application to an AIA Application? [read post]
3 Mar 2018, 3:53 am by SHG
Even more of a pain when Dennis Prager doesn’t strike me as completely off the wall. [read post]