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20 Feb 2024, 10:25 am by Howard Bashman
“Incorporation by Reference Rules at the Federal Circuit”: Dennis Crouch has this post at his “Patently-O” blog. [read post]
20 Feb 2024, 6:47 am by Dennis Crouch
By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. [read post]
13 Feb 2024, 7:59 pm by Dennis Crouch
by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. v. [read post]
12 Feb 2024, 9:41 am by Dennis Crouch
by Dennis Crouch Federal Circuit Judge Pauline Newman has been fighting for her right to judge after charges implicating her fitness for office. [read post]
11 Feb 2024, 9:43 am by Dennis Crouch
by Dennis Crouch In a recent decision, the Federal Circuit held that a claimed range reciting narrower values than those described in the patent specification can still satisfy the written description requirement under 35 U.S.C. [read post]
9 Feb 2024, 12:45 pm by Dennis Crouch
by Dennis Crouch The Federal Circuit recently upheld the US government’s royalty-free license rights over an Alzheimer’s disease research patent under the Bayh-Dole Act. [read post]
8 Feb 2024, 9:51 am by Dennis Crouch
by Dennis Crouch It is interesting that we continue to have cases fighting over what counts as a “printed publication” under 35 U.S.C. [read post]
7 Feb 2024, 9:59 am by Dennis Crouch
by Dennis Crouch The Judicial Conduct and Disability Committee has denied Federal Circuit Judge Pauline Newman’s petition challenging the Federal Circuit Judicial Council’s misconduct finding against her. [read post]
5 Feb 2024, 5:08 am by Dennis Crouch
by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. [read post]
4 Feb 2024, 8:07 pm by Dennis Crouch
by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. [read post]
1 Feb 2024, 9:03 am by Dennis Crouch
by Dennis Crouch A Federal Circuit panel recently released a pair of mandamus orders dealing with important civil procedure issues – one granting a petition to transfer venue under 28 USC 1404(a) , the other denying a petition challenging substitute service of process for a foreign defendant. [read post]
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]
28 Jan 2024, 12:44 pm by Dennis Crouch
by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. [read post]
26 Jan 2024, 10:00 am by Dennis Crouch
by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. [read post]
23 Jan 2024, 11:32 am by Camilla Hrdy
Other pre-ChatGPT work on patents and AI that I found helpful include articles by Ryan Abbott (the "everything is obvious" concern), Liza Vertinsky (introducing "M/PHOSITA" for obviousness that takes into account machine as well as human skill in the art), Dennis Crouch (assessing patentability of AI-generated inventions through lens of corporate ownership and copyright work for hire doctrine), Keith Robinson (enablement… [read post]
23 Jan 2024, 8:01 am by Dennis Crouch
by Dennis Crouch The Federal Circuit has remanded the Xencor appeal — allowing USPTO  leadership an opportunity to re-focus on the written description requirement for both Jepson claims and means-plus-function claims in the antibody art. [read post]