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Disjunction in IP Litigation: Patent Courts are not Copyright Courts
19 Feb 2014, 12:51 pm by Dennis Crouch
By Dennis Crouch In the last four months of 2012 about 4,000 intellectual property lawsuits were filed in federal courts. [read post]
Patently-O - http://patentlyo.com/patent
Lexmark: Presumptions in the Right to Import, Reuse, and Resale
15 Feb 2016, 8:53 am by Dennis Crouch
by Dennis Crouch The en banc holding of Lexmark v. [read post]
Patently-O - http://patentlyo.com/patent
Means Plus Function Claiming
14 Jan 2013, 5:07 pm by Dennis Crouch
by Dennis Crouch   The chart above shows the percentage of published non-provisional patent applications that include the term "means for" at least once in the claimset. [read post]
Patently-O - http://patentlyo.com/patent
Patent Eligibility: Underlying Questions of Fact
8 Feb 2018, 7:50 am by Dennis Crouch
by Dennis Crouch Important statement from the Federal Circuit today on the factual underpinnings of the eligibility analysis: While patent eligibility is ultimately a question of law, the district court erred in concluding there are no underlying factual questions to the § 101 inquiry. [read post]
Patently-O - http://patentlyo.com/patent
Cisco on the Wrong Side of Xenophobia and Anti-Religious Jury Tactics
15 Nov 2013, 6:36 am by Dennis Crouch
By Dennis Crouch Foreign litigants often have a real fear of American juries. [read post]
Patently-O - http://patentlyo.com/patent
Monsanto Wins Again in Federal Circuit: Organic Farmers Have No Standing to Challenge Patent
10 Jun 2013, 9:53 am by Dennis Crouch
By Dennis Crouch Organic Seed Growers and Trade Ass'n v. [read post]
Patently-O - http://patentlyo.com/patent
No Patent Office Director – 486 Days Later
3 Jun 2014, 7:23 am by Dennis Crouch
By Dennis Crouch David Kappos has been an instrumental leader in patent reform over the past several years. [read post]
Patently-O - http://patentlyo.com/patent
Contractual Override of Trade Secret Law
1 Jul 2013, 1:32 pm by Dennis Crouch
By Dennis Crouch Convolve and MIT v. [read post]
Patently-O - http://patentlyo.com/patent
NPEs Solidify Enforcement Jurisdiction at USITC
10 Jan 2013, 9:31 am by Dennis Crouch
By Dennis Crouch InterDigital v. [read post]
Patently-O - http://patentlyo.com/patent
Without More, Product Supplier has no DJ Jurisdiction for Protecting its Customers against Infringement Litigation for Using Product
29 Aug 2013, 9:49 am by Dennis Crouch
By Dennis Crouch Cisco Systems, Inc. v. [read post]
Patently-O - http://patentlyo.com/patent
Drafting License Agreements: Agreement Unenforceable Post-Patent-Expiration Even When Contract Says Otherwise
18 Jul 2013, 10:35 am by Dennis Crouch
By Dennis Crouch Kimble v. [read post]
Patently-O - http://patentlyo.com/patent
Next Step: Pushing for Global Increases and Uniformity in Trade Secret Protections
8 Nov 2017, 4:09 am by Dennis Crouch
by Dennis Crouch Over the past several decades, the US has been at the forefront of a global campaign to raise the levels of intellectual property protections. [read post]
Patently-O - http://patentlyo.com/patent
Heightened Pleading Requirements: Patent Reform through the Supreme Court and Judicial Conference
11 Feb 2014, 11:57 am by Dennis Crouch
By Dennis Crouch In the cases of Twombly (2007) and Iqbal (2009) (Twiqbal), the Supreme Court substantially raised the pleading standard for federal cases by requiring that the pleadings allege sufficient detail to demonstrate that their claims are “plausible. [read post]
Patently-O - http://patentlyo.com/patent
Torrent decisions
24 Mar 2013, 5:21 pm by Dennis Crouch
By Dennis Crouch Columbia Pictures v. [read post]
Patently-O - http://patentlyo.com/patent
Intellectual Ventures Takes First Overt Legal Actions to Enforce its Mammoth Patent Portfolio
8 Dec 2010, 11:34 am by Dennis Crouch
By Dennis Crouch In a bold move, the patent holding company Intellectual Ventures has filed three separate patent infringement lawsuits against major industry players. [read post]
Patently-O - http://www.patentlyo.com/patent/
Although “without tact”, Micron’s retaliatory decision to stop hiring University of Illinois Graduates is not Illegal
11 Apr 2013, 3:01 pm by Dennis Crouch
By Dennis Crouch I have a policy that I don't hire anyone who sues me. [read post]
Patently-O - http://patentlyo.com/patent
Fresenius v. Baxter: PTO Reexamination Decision Trumps Prior Decisions by both the District Court and the Federal Circuit
2 Jul 2013, 1:04 pm by Dennis Crouch
By Dennis Crouch A substantial number of patents being enforced today are involved in parallel proceedings. [read post]
Patently-O - http://patentlyo.com/patent
Institut Pasteur: Federal Circuit Takes Hard Look at USPTO Board Factual Conclusions
31 Dec 2013, 10:52 am by Dennis Crouch
By Dennis Crouch Institut Pasteur v. [read post]
Patently-O - http://patentlyo.com/patent
Federal Circuit: In order to appeal USPTO post-grant decision, third party requestor must show “injury in fact”
4 Jun 2014, 12:40 pm by Dennis Crouch
By Dennis Crouch Consumer Watchdog v. [read post]
Patently-O - http://patentlyo.com/patent
Failing to Use Post-Grant Review as a Bully Club
6 Aug 2013, 5:30 pm by Dennis Crouch
by Dennis Crouch Inter Partes Review of U.S. [read post]
Patently-O - http://patentlyo.com/patent