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23 May 2021, 9:31 am by Bill Marler
Opinion I don’t watch Fox, I value my grey matter. [read post]
9 Sep 2015, 2:53 pm
  Subject matter jurisdiction can’t be waived, or else the plaintiff in Flagg would have done so. [read post]
13 Oct 2010, 3:14 pm
§ 102(f), which provides that a person shall be entitled to a patent unless "he did not himself invent the subject matter sought to be patented. [read post]
31 Aug 2016, 7:38 am by Benjamin Wittes
I'll leave the doctrinal dispute to him and to Peter Margulies, but suffice it for now to say that I think Steve overstates the matter when he says the decision "doesn't make any sense doctrinally. [read post]
6 Apr 2017, 7:20 am by Rebecca Tushnet
  Plaintiffs argued that the right of publicity was outside the subject matter of copyright because persona can’t be fixed in a tangible medium of expression. [read post]
10 Feb 2017, 9:21 am by Jane Chong
But after reviewing the opinion and the parties’ filings, I don’t think the court's omission of the citation was accidental or that its omission of a § 1182(f) discussion is surprising. [read post]
5 Feb 2021, 11:32 am by Dennis Crouch
” See In re Wertheim, 541 F.2d 257 (CCPA 1976) (“[I]t is immaterial in ex parte prosecution whether the same or similar claims have been allowed to others. [read post]
11 Aug 2010, 8:16 am by Venkat
"He can say the company's position was that it wasn't a serious issue. ... [read post]
2 Jun 2009, 3:25 pm by Scott Cleere
In that decision, the Federal Circuit rejected its previous “useful, concrete and tangible result” test for patentable subject matter articulated in State Street (149 F.3d 1368). [read post]
2 May 2014, 5:00 am by Rebecca Tushnet
Compare Amestoy, 92 F.3d 67 (2nd Cir. 1996), the blue dot case where the state decreed what a blue dot would mean. [read post]