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8 Sep 2017, 8:06 am by Dennis Crouch
by Dennis Crouch In a new decision, the Federal Circuit has ruled that the PTAB erred in its inherency analysis, but ultimately affirmed the claim cancellation after finding the error harmless. [read post]
3 Mar 2015, 7:43 am by Dennis Crouch
by Dennis Crouch Senator Coons is expected to introduce his competing patent reform bill into the Senate this week under the title Strong Patents Act. [read post]
10 Aug 2012, 4:52 am by Dennis Crouch
Guest Post by Martin Goetz In Dennis Crouch's July 29, 2012 Patently-O essay "Ongoing Debate: Is Software Patentable? [read post]
22 Dec 2015, 11:58 am by Dennis Crouch
By Dennis Crouch In re Tam (Federal Circuit 2015) (en banc) Big trademark case from the Federal Circuit. [read post]
6 Apr 2016, 10:38 am by Dennis Crouch
by Dennis Crouch The timing of a settlement is sometimes really important for patentees — especially if a court is about to find your patent invalid. [read post]
4 Aug 2016, 8:08 am by Dennis Crouch
by Dennis Crouch Although our attention over the past few years has focused more on eligibility and definiteness issues, claim construction continues to befuddle the courts. [read post]
13 Jan 2015, 3:38 pm by Dennis Crouch
by Dennis Crouch Two pending Supreme Court now have higher profiles with the Supreme Court’s invitation to the Solicitor General to provide views of the administration. [read post]
13 Dec 2017, 9:12 pm by Dennis Crouch
by Dennis Crouch It is not clear from ,u reading the AIA revisions that “secret prior art” (102(b)(2) prior art) continues to qualify as prior art for the obviousness analysis. [read post]
24 Mar 2016, 2:39 am by Dennis Crouch
By Dennis Crouch As I write about this case, I should first note Trading Technologies (TT) is a former client of mine while I was in practice at the MBHB firm (2001-2007). [read post]
18 Nov 2015, 2:23 pm by Dennis Crouch
By Dennis Crouch Following a 6-5 split by the Federal Circuit, Cuozzo filed a petition for writ of certiorari – asking two important questions (as paraphrased by me): During a post-issuance inter partes review (IPR) proceeding, is it proper for the Patent Trial & Appeal Board (PTAB) to construe claims according to their “broadest reasonable interpretation” rather than their proper construction being applied in court? [read post]
14 Nov 2016, 3:00 am by Dennis Crouch
By Dennis Crouch In the landmark case of Chevron U.S.A., Inc. v. [read post]
22 Jan 2016, 9:04 am by Dennis Crouch
by Dennis Crouch In the non-precedential Cutsforth v. [read post]