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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]
22 Jan 2024, 1:16 pm by Dennis Crouch
by Dennis Crouch The Federal Circuit has denied Cellect’s en banc petition on the interplay between obviousness-type-double-patenting and patent-term-adjustment. [read post]
17 Jan 2024, 6:51 pm by Howard Bashman
“The Carrot and Stick Approach to Innovation”: Dennis Crouch has this post at his “Patently-O” blog. [read post]
16 Jan 2024, 8:02 am by Dennis Crouch
by Dennis Crouch A California Court of Appeals issued a product liability decision in early 2024 that raises interesting questions about the role of both carrots and sticks in innovation policy. [read post]
14 Jan 2024, 1:29 pm by Dennis Crouch
by Dennis Crouch Martin Luther King Jr. received the Nobel Peace Prize in 1964, and I re-read his speech today — especially the portion contrasting development of science and technology against development of the human spirit. [read post]