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2 Feb 2017, 3:01 am
by Dennis Crouch This follows up on yesterday’s post on my new draft article “Wrongly Affirmed Without Opinion. [read post]
4 Nov 2015, 6:35 am
by Dennis Crouch Thomas McCarthy and Dina Roumiantseva have published a new article titled: Divert All Trademark Appeals to the Federal Circuit? [read post]
4 Oct 2010, 10:12 am
By Dennis Crouch In 1888, the US Supreme Court plainly held that patent rights granted by the US government could only be overcome with clear and convincing evidence: The presumption attending the patent, even when directly assailed, that it was issued upon sufficient evidence that the law had been complied with by the officers of the government . . . can only be overcome by clear and convincing proof. [read post]
4 Jan 2012, 1:15 pm
By Dennis Crouch MarcTec LLC v. [read post]
21 Jul 2015, 5:14 pm
By Dennis Crouch A substantial percentage of the USPTO budget arrives in the form of maintenance fee payments. [read post]
2 Mar 2015, 11:22 am
by Dennis Crouch David Couture v. [read post]
13 Mar 2018, 3:07 pm
by Dennis Crouch In its February 2018 decision in Berkheimer v. [read post]
21 Mar 2016, 8:56 am
Republished by Blog Post PromoterFrom Dennis Crouch: Carl Oppedahl lost his case to register the mark “patents.com. [read post]
10 Feb 2010, 4:50 pm
Today, Dennis Crouch's Patently-O blog published an article by Edward Reines and Nathan Greenblatt of Weil, Gotshal & Manges LLP entitled "Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II. [read post]
1 Oct 2014, 3:07 pm
by Dennis Crouch Although you might be the first-to-file a patent application covering a particular new innovation, certain market areas are so competitive that you should expect follow-on patents from competitors that take the original idea and push it in other similar-but-different directions. [read post]
23 Dec 2014, 5:20 am
by Dennis Crouch I am one of the many followers of the prolific and outspoken patent guru and professor Harold C. [read post]
13 Apr 2018, 7:04 am
by Dennis Crouch The Federal Circuit continues to aggressively issues R.36 No-Opinion Judgments as a mechanism for more efficiently deciding appeals. [read post]
15 Sep 2015, 9:43 am
by Dennis Crouch I find the chart below interesting. [read post]
3 Apr 2014, 11:49 am
By Dennis Crouch In re Toyota Motor Corp (Fed. [read post]
28 May 2012, 10:28 pm
by Dennis Crouch In re Hyon (Fed Cir. 2012) Hyon’s patent covers a method for producing a high molecular weight polyethylene to be used as a prosthesis. [read post]
26 Mar 2014, 7:52 am
By Dennis Crouch Lexmark Int’l v. [read post]
16 Feb 2016, 9:01 am
by Dennis Crouch I was surprised at the en banc Federal Circuit’s decision in Lexmark to re-affirm Mallinckrodt — giving a seller power to block future resale and reuse of a patented product. [read post]
17 Dec 2014, 9:13 am
by Dennis Crouch I am enjoying Professor Osei-Tutu’s (FIU) new article on intellectual property as a human right. [read post]
21 Feb 2014, 8:28 am
By Dennis Crouch Lighting Ballast Control LLC v. [read post]
7 Dec 2017, 5:27 am
by Dennis Crouch René Descartes may have been the first expressly identify the physical operation of our universe as “laws of nature” (although published in French) – spelling out specifically his three immutable laws of nature (later serving as Newton’s foundation): Each thing, as far as is in its power, always remains in the same state; and that consequently, when it is once moved, it always continues to move” (Pr II 37); All movement is, of… [read post]