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1 Feb 2017, 3:51 am by Dennis Crouch
by Dennis Crouch I have uploaded a draft of a short article of mine titled Wrongly Affirmed Without Opinion – If I am correct, is has some potentially of shaking up the Federal Circuit’s current practice of issuing so many Rule 36 Affirmances Without Opinion. [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]
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]
14 Feb 2014, 11:13 am by Dennis Crouch
By Dennis Crouch Intellectual Property Law is really a general term used to describe a host of more particular legal regimes. [read post]
14 Jan 2016, 8:34 am by Dennis Crouch
by Dennis Crouch In a non-precedential order, the Federal Circuit has rejected Carl Cooper’s challenge to constitutional propriety of the inter partes review (IPR) system as implemented by the USPTO. [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 Aug 2017, 7:26 am by Dennis Crouch
by Dennis Crouch Many of us have been criticizing the Federal Circuit new proclivity to issue no-opinion judgment – particularly in patent cases stemming from the Patent Trial and Appeal Board. [read post]
8 Sep 2017, 2:20 pm by Dennis Crouch
by Dennis Crouch It appears that Allergan’s attorneys have been working overtime. [read post]
7 Mar 2016, 8:55 am by Dennis Crouch
by Dennis Crouch In re Queens University (Fed. [read post]
29 Nov 2011, 4:33 am by Dennis Crouch
by Dennis Crouch The USPTO recently reported that in FY2011 and for the first time in history, more than 500,000 patent applications were filed during the fiscal year. 500,000 is a large number, but it turns out that the report of increased patent filings should not be seen as suggesting an increase in innovative activity. [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]
12 May 2014, 4:02 am by Dennis Crouch
By Dennis Crouch I reported earlier on a $6.6 million attorney fee award reinstated by the Supreme Court. [read post]
11 Feb 2015, 7:40 am by Dennis Crouch
by Dennis Crouch Doug  Nemec says “Couzzo is a rubber stamp of the best possible kind. [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]