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10 Jan 2017, 8:55 am by Dennis Crouch
by Dennis Crouch The Separation of Powers Restoration Act has been reintroduced in the House of Representatives (H.R. 76) and will likely be quickly passed either alone or as part of the larger Regulatory Accountability Act of 2017 (H.R. 5). [read post]
4 Jan 2015, 7:17 am by Dennis Crouch
by Dennis Crouch Halo has petitioned the Federal Circuit to rehear its electronics patent case against Pulse with two questions presented: Willfulness: Whether an infringer who subjectively knew pre-suit that it was infringing a valid patent (after being given notice of the patent, and failing to design around, seek a license, or stop infringing) can use an unsuccessful defense developed post-suit as a per se bar to liability for pre-suit willful infringement,… [read post]
22 Jan 2015, 7:25 am by Dennis Crouch
by Dennis Crouch In her confirmation hearings on January 21, Michelle Lee reported to the Senate that both the USPTO and the Courts have taken significant steps in addressing problems in the patent system following enactment of the AIA. [read post]
29 Nov 2016, 12:57 pm by Dennis Crouch
by Dennis Crouch On his (great) blog, Bill Vobach considers whether it is time to revisit In re Gorman, 933 F.2d 982 (Fed. [read post]
10 Aug 2014, 7:28 pm by Dennis Crouch
By Dennis Crouch In another seeming bombshell for the Patent Office, the Washington Post has published a 2012 internal USPTO memorandum on telework fraud. [read post]
4 Nov 2015, 6:35 am by Dennis Crouch
by Dennis Crouch Thomas McCarthy and Dina Roumiantseva have published a new article titled: Divert All Trademark Appeals to the Federal Circuit? [read post]
29 Sep 2016, 12:24 pm by Dennis Crouch
by Dennis Crouch In its decision in this trademark registration case, the Federal Circuit found the statutory prohibition against registering “disparaging marks” an unconstitutional governmental regulation of speech in violation of the First Amendment. [read post]
23 Nov 2015, 6:21 am by Dennis Crouch
by Dennis Crouch Professor Colleen Chien has published an unfortunate new Wall Street Journal essay titled “The Best Way to Fight a Patent Demand May Be to Do Nothing. [read post]
17 Aug 2014, 12:21 pm by Dennis Crouch
By Dennis Crouch I’m looking forward to a few upcoming events for patent law professionals: September 7-9, 2014, the Intellectual Property Owners Association (IPO) will hold its annual meeting in beautiful Vancouver BC. [read post]
15 Apr 2015, 8:02 am by Dennis Crouch
by Dennis Crouch In a report sharply critical of the US Patent Office, the Department of Commerce Inspector General’s Office has concluded that patent quality is not up-to-snuff. [read post]
19 Jun 2016, 10:08 am by Dennis Crouch
by Dennis Crouch Michael Kwun‘s new Greenbag article titled Alice Tells a Joke offers the following: A patent lawyer walks into a barber shop. [read post]
21 Jul 2015, 8:25 am by Dennis Crouch
By Dennis Crouch The 2009 Biologics Price Competition and Innovation Act (BPCIA) was created as the Hatch-Waxman Act for Biologics – a mechanism for both protecting innovator investment and for encouraging third-party follow-ons albeit through “biosimilars” rather than “generics. [read post]
29 Nov 2016, 6:00 pm by Dennis Crouch
by Dennis Crouch One of my students recently led a class discussion on the future European Unitary Patent and Unitary Patent Court. [read post]
13 Sep 2012, 8:27 am by Dennis Crouch
By Dennis Crouch I struggle to understand the mathematical logic in the debate over the recent expansion of the entire market value rule (contemporary EMVR) for calculating damages in patent cases. [read post]
16 Oct 2007, 2:56 pm
Thanks to Professor Dennis Crouch at Patently-O for posting USPTO Office of Enrollment and Discipline Director Harry Moatz's slide presentation entitled "Monitoring Practitioner Compliance With Disciplinary Rules and Inequitable Conduct" before the Intellectual Property Organization on September 11, 2007. [read post]
16 Oct 2006, 9:44 pm
By Dennis Crouch [dcrouch@gmail.com] Background: Teleflex and its supporters have now filed their briefs in defense of the Federal Circuit’s methodology for determining whether a patent is “obvious. [read post]
25 Mar 2008, 8:44 am
Dennis Crouch at Patently-O is reporting that Cisco has amended its employee blogging policy to require that any Cisco employee blogging about issues involving or related to Cisco identify themselves as a Cisco employee and provide a disclaimer that the opinions are those of the employee alone and not necessarily Cisco. [read post]