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17 May 2024, 9:37 pm by Dennis Crouch
by Dennis Crouch In a new Appeals Review Panel (ARP), the USPTO has clarified the Office’s position on means plus function claims — explaining that the specification need not describe statutory equivalents to satisfy the written description requirement. [read post]
15 May 2024, 11:31 am by Dennis Crouch
Dennis Crouch, New USPTO Director Review Rules, Patently-O (April 15, 2024). [read post]
14 May 2024, 10:02 am by Dennis Crouch
by Dennis Crouch Although the Federal Circuit has dismissed Copan v. [read post]
13 May 2024, 9:49 am by Dennis Crouch
by Dennis Crouch The Federal Circuit’s recent decision in Chestek v. [read post]
10 May 2024, 5:56 am by Dennis Crouch
by Dennis Crouch In a recent post, I discussed major proposed changes to terminal disclaimer practice that could significantly impact the landscape of patent law. [read post]
9 May 2024, 1:31 pm by Dennis Crouch
by Dennis Crouch The USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections. [read post]
9 May 2024, 10:55 am by Dennis Crouch
By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. [read post]
8 May 2024, 12:09 pm by Dennis Crouch
by Dennis Crouch I always struggle to use these stud finders; I think its hard for them to focus when I’m around. [read post]
6 May 2024, 9:43 am by Dennis Crouch
by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. [read post]
5 May 2024, 10:26 am by Dennis Crouch
by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. [read post]
3 May 2024, 9:02 am by Dennis Crouch
by Dennis Crouch In a significant decision on personal jurisdiction in patent cases, the Federal Circuit held that using Amazon’s patent enforcement process (APEX) to target an alleged infringer’s listings can subject the patent owner to specific personal jurisdiction in the alleged infringer’s home state. [read post]
30 Apr 2024, 7:30 am by Dennis Crouch
by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. [read post]
29 Apr 2024, 10:18 am by Dennis Crouch
by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. [read post]
27 Apr 2024, 2:02 pm by Dennis Crouch
by Dennis Crouch Non-compete agreements fly under the radar for most American lawyers. [read post]
26 Apr 2024, 12:41 pm by Dennis Crouch
by Dennis Crouch I was rereading the Supreme Court’s recent enablement decision of Amgen Inc. v. [read post]
25 Apr 2024, 9:46 am by Dennis Crouch
by Dennis Crouch This post walks through a new petition for writ of certiorari involving claims that Valeant Pharma defrauded the U.S. government by using fraudulently obtained patent rights prop up its drug prices. [read post]