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New USPTO Director Review Rules
15 Apr 2024, 2:33 pm by Dennis Crouch
by Dennis Crouch The USPTO has published a notice of proposed rulemaking (NPRM) to formalize the process for Director Review of PTAB decisions. [read post]
Patently-O - https://patentlyo.com
Hyatt v. Hirshfeld: A perfect storm that overwhelmed the PTO
1 Jun 2021, 9:28 am by Dennis Crouch
by Dennis Crouch Gil Hyatt v. [read post]
Patently-O - http://patentlyo.com/patent
Federal Circuit: Amended Claims in IPR Should be Subject to Full Examination (Including 101)
22 Jul 2020, 9:00 am by Dennis Crouch
by Dennis Crouch Uniloc 2017 LLC v. [read post]
Patently-O - http://patentlyo.com/patent
Size Matters: Element-by-Element Analysis in Obviousness
21 Aug 2023, 8:16 am by Dennis Crouch
by Dennis Crouch In re Universal Electronics, Inc., No. 2022-1716 (Fed. [read post]
Patently-O - https://patentlyo.com
COVID Patents at the Federal Circuit (Moderna Loses)
2 Dec 2021, 9:46 am by Dennis Crouch
by Dennis Crouch Moderna Therapeutics v. [read post]
Patently-O - http://patentlyo.com/patent
Buying up Overlapping Patents — and Double Patenting
15 Feb 2021, 9:52 am by Dennis Crouch
by Dennis crouch Sandoz Inc. v. [read post]
Patently-O - http://patentlyo.com/patent
Inferring Secondary Meaning from Product Design Copying
7 Dec 2023, 5:23 am by Dennis Crouch
by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. [read post]
Patently-O - https://patentlyo.com
HB20: Social Media Censorship and the Supreme Court
17 May 2022, 10:57 am by Dennis Crouch
by Dennis Crouch Texas HB20 treats social media platforms as common carriers, especially those with very large number of users and market dominance. [read post]
Patently-O - https://patentlyo.com
“Intent Engine” Claims Fail 101 for Lack of Technological Inventive Concept
30 Aug 2023, 6:48 pm by Dennis Crouch
by Dennis Crouch USC IP P’ship, L.P. v. [read post]
Patently-O - https://patentlyo.com
User Matching Patent Fails 101 Test for Lacking Technical Improvement
14 Jul 2023, 12:06 pm by Dennis Crouch
by Dennis Crouch Trinity Info Media, LLC v. [read post]
Patently-O - https://patentlyo.com
Burden Shifting at the PTAB and the Obviousness of Ranges
17 Sep 2018, 9:14 am by Dennis Crouch
by Dennis Crouch The new DuPont v. [read post]
Patently-O - http://patentlyo.com/patent
Brand-Generic Drugs: Infringement Judged by the ANDA Filing
19 Aug 2022, 6:59 am by Dennis Crouch
by Dennis Crouch Par Pharm., Inc. v. [read post]
Patently-O - https://patentlyo.com
Action and Inaction: Either way, Hyatt loses at the Federal Circuit
8 Sep 2022, 12:32 pm by Dennis Crouch
by Dennis Crouch Inaction is generally defined as “the lack of action. [read post]
Patently-O - https://patentlyo.com
Vacating the Entire Patent Office Proceedings on Equitable Grounds
9 Sep 2019, 9:33 am by Dennis Crouch
by Dennis Crouch Valspar Sourcing, Inc. [read post]
Patently-O - http://patentlyo.com/patent
Top 10 Patent Cases: 1891 to 1951
11 Jan 2022, 8:27 pm by Dennis Crouch
by Dennis Crouch Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. [read post]
Patently-O - http://patentlyo.com/patent
Quasi-Claim-Construction by Federal Circuit
30 Sep 2018, 8:29 am by Dennis Crouch
by Dennis Crouch Wisconsin Alumni Research Foundation (WARF) v. [read post]
Patently-O - http://patentlyo.com/patent
Race to the Finish: Timing Battles in Parallel IPR and District Court Litigation
29 Jan 2024, 2:19 pm by Dennis Crouch
by Dennis Crouch The new petition for certiorari filed by Liquidia raises some interesting questions about the ongoing race between inter partes review proceedings and district court litigation. [read post]
Patently-O - https://patentlyo.com
Reviewing the Patent Eligibility Restoration Act of 2022
8 Aug 2022, 8:05 am by Dennis Crouch
by Dennis Crouch Section 101 has some magic to it. [read post]
Patently-O - https://patentlyo.com
Federal Circuit Affirms Patent Rejection for Lack of Enablement in In re Pen
14 Jun 2024, 11:25 am by Dennis Crouch
by Dennis Crouch The Federal Circuit (CAFC) recently affirmed a USPTO enablement rejection — holding that the patentee did not enable the “full scope” of the claimed invention. [read post]
Patently-O - https://patentlyo.com
Claim Construction and its Role in Eligibility
10 Jan 2024, 5:28 pm by Dennis Crouch
by Dennis Crouch In 2022, the Federal Circuit issued a Judge Hughes decision in IBM v. [read post]
Patently-O - https://patentlyo.com