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22 Apr 2024, 7:30 am by Dennis Crouch
by Dennis Crouch The Supreme Court has denied Vanda Pharmaceuticals’ petition for certiorari, leaving in place a Federal Circuit decision that invalidated Vanda’s patents on methods of using the sleep disorder drug Hetlioz (tasimelteon) as obvious. [read post]
21 Apr 2024, 8:07 am by Dennis Crouch
by Dennis Crouch The recent eligibility decision in AI Visualize v. [read post]
20 Apr 2024, 9:14 am by Dennis Crouch
by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. [read post]
19 Apr 2024, 8:39 am by Dennis Crouch
by Dennis Crouch The USPTO recently released yet another Notice of Proposed Rulemaking (NPRM) — this one focusing on codification of IPR/PGR rules associated with non-merits based “discretionary denials” of institution as well as termination due to settlement. [read post]
18 Apr 2024, 6:15 am by Dennis Crouch
by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. [read post]
17 Apr 2024, 9:07 am by Dennis Crouch
by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. [read post]
16 Apr 2024, 8:40 am by Dennis Crouch
by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the district court has personal jurisdiction over the defendant. [read post]
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]
15 Apr 2024, 10:40 am by Dennis Crouch
by Dennis Crouch The Federal Circuit’s new decision in Luv’N’Care, Ltd. [read post]
14 Apr 2024, 7:33 am by Dennis Crouch
by Dennis Crouch As many of you know, I have done machine learning work for many years — starting in the 1990s while in college. [read post]
14 Apr 2024, 5:01 am by Dennis Crouch
by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. [read post]
12 Apr 2024, 12:42 pm by Dennis Crouch
By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. [read post]
10 Apr 2024, 9:59 am by Dennis Crouch
By Dennis Crouch Over the past year I’ve been investigating various generative Artificial Intelligence (GenAI) tools for assisting patent attorneys in their practice. [read post]
10 Apr 2024, 7:11 am by Dennis Crouch
By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. [read post]
9 Apr 2024, 12:05 pm by Dennis Crouch
by Dennis Crouch In a non-precedential opinion, the Federal Circuit has affirmed the US International Trade Commission’s (ITC) final determination in the patent infringement dispute between Sonos and Google involving smart speaker technology. [read post]
8 Apr 2024, 5:08 pm by Dennis Crouch
By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. v. [read post]
8 Apr 2024, 9:47 am by Dennis Crouch
by Dennis Crouch Although non-precedential, the Federal Circuit’s new decision in Sumitomo Pharma v. [read post]
3 Apr 2024, 7:02 pm by Dennis Crouch
by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025, which includes significant increases in various patent fees. [read post]
3 Apr 2024, 9:13 am by Dennis Crouch
by Dennis Crouch On January 23, 2024, the Federal Circuit granted the USPTO’s request for a remand in the case of In re Xencor, Inc. [read post]