The Curious Engineer

Patently-O

2007–2009

1,280 posts

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2009 446

December 2009

  1. Patents and Vegetable Crop Diversity
  2. Recent Jury Verdicts
  3. Internet Law & Electronic Commerce Exam 2009
  4. BPAI Rules for Ex Parte Appeals: Request for Comment and Notice of Roundtable
  5. Patent Law Exam: Pioneering Patents
  6. Patently-O Bits and Bytes No. 308
  7. USPTO Seeks to Rehire Limited Number of Former Examiners
  8. Patently-O is Closed for the Season
  9. Patent Law Bits and Bytes: Holiday Cheer
  10. Appellate Court Enforces Permanent Injunction against Microsoft Word
  11. Patentable Subject Matter of a Machine that Uses a Mathematical Algorithm
  12. Patently-O Bits and Bytes NO. 306
  13. Patently-O Bits and Bytes NO. 306
  14. Gifts for a Patent Attorney: The Patent Office Director Game!
  15. PTO Asks for Comments on Improving Patent Quality
  16. Information on the Public Patent Advisory Committee
  17. When have Novelty Rights Been Important?
  18. The Presumption of Irreparable Harm?
  19. The Interplay between Reexaminations, Preliminary Injunctions and Stays of Litigation
  20. The Role of the Patentee’s Expert in Proving Infringement
  21. Judge versus Jury (Again): Who Should Decide the Question of Obviousness?
  22. Cases where Written Description is Satisfied, but Enablement is Lacking
  23. Best Mode at the BPAI
  24. Predicted 2009 Patent Application Filings
  25. First-to-File versus First-Inventor-to-File
  26. The “Matrix” for First-Inventor-To-File: An Experimental Investigation into Proposed Changes in US Patent Law
  27. The Requirement that the Written Description be Concise
  28. Patently-O Bits and Bytes No. 305
  29. Patents and the Movie Industry: Stopping Nicholas Cage
  30. Europe Moves Toward European Patents and European Patent Court
  31. Federal Circuit Lowers Bar for Declaratory Judgment Jurisdiction When Patentee is a Holding Company
  32. David Kappos and The Impact of KSR – a unique opportunity for our profession
  33. Disclosing “Related Cases” at the Federal Circuit: Eli Lilly’s Written Description “Secret”
  34. Patently-O Bits and Bytes No. 304
  35. Design Law: Protecting Copyrighted Designs
  36. Federal Circuit Affirms Summary Judgment of Obviousness for Bulk EMail Patent
  37. Federal Circuit Orders Another Case Transferred Out of Texas
  38. Patently-O Bits and Bytes No. 303
  39. Patently-O Bits and Bytes No. 303
  40. Patently-O Bits and Bytes No. 303
  41. ABA Journal’s Top 100 Legal Blogs
  42. Blocking Attorneys from Simultaneously Litigating and Prosecuting Patents

November 2009

  1. In Defense of Software Patents
  2. Patently-O Bits and Bytes No. 302
  3. Patently-O Bits and Bytes No. 302
  4. Patently-O Bits and Bytes No. 302
  5. Ecuador’s Compulsory Licensing of Pharmaceutical Patent Rights
  6. Patently-O Bits and Bytes No. 301
  7. Patently-O Bits and Bytes No. 301
  8. Patently-O Bits and Bytes No. 301
  9. Federal Circuit Chief Judge Paul Michel Announces that he is Leaving the Bench
  10. Federal Circuit Affirms EDTex Ruling that Iovate’s Muscle Building Patents are Invalid
  11. Nil: The Value of Patents in a Major Crisis Such as an Influenza Pandemic
  12. Vacatur: Judge Posner Agrees to Vacate Inequitable Conduct Holding Based on Settlement Agreement
  13. Patent on Tax Refund System Deemed Invalid under Section 101
  14. Post EBay Injunctive Relief
  15. Design Patents: Mueller & Brean
  16. Patently-O Bits and Bytes No. 138: New Job Openings
  17. Design Patents: Functionality and a Trade Dress Gap Filler
  18. A Brief Defense of the Written Description Requirement
  19. My entry 28
  20. My entry 23
  21. My entry 12
  22. Tafas v. Kappos: Cleaning Up
  23. Survey of the Disruptive Impact of a First-to-File Switch
  24. Precedential BPAI Opinion Rejects Functional Claim Elements as Indefinite and Not Enabled
  25. Red Hat on Patents (VIDEO)
  26. Kappos Blog & First-to-File
  27. Bilski v. Kappos: Supreme Court Arguments
  28. Supreme Court Hears Bilski v. Kappos
  29. Business Method Patents: Technological Change, Not Judicial Activism
  30. Stays Pending Appeal
  31. Patent Prosecution Tips: Drafting Preambles
  32. Patently-O Bits and Bytes No. 137
  33. Patently-O Bits and Bytes No. 137
  34. Patently-O Bits and Bytes No. 137
  35. Abandoning software patents?
  36. Trademark Cancellation: Presumption of Validity includes Presumption of Acquired Distinctiveness for Marks Registered under Section 2(f)
  37. Federal Circuit: When are Subsidiaries Covered in a License Agreement?
  38. Challenging the Constitutionality of Gene Patents: Ass’n for Medical Pathology v. USPTO
  39. Stays Pending Reexamination

October 2009

  1. Supreme Court Clustering of Patent Cases
  2. Mayo v. Prometheus: Medical Methods and Patentable Subject Matter at the Supreme Court
  3. Bits and Bytes No. 136
  4. Slowing Down RCEs and Lengthening the Patent Term
  5. Does a Reference’s Priority Claim to a Provisional Application Alter its 102(e) Prior Art Date?
  6. Federal Circuit Proposed Changes to Rules of Practice
  7. Tracking the Use of Continuations
  8. The Role of the Washington DC District Court in Patent Cases
  9. Nudging Against RCE Filings
  10. More Bits and Bytes No. 135
  11. Bits and Bytes No. 134: Personnel – Past and Present
  12. Supreme Court Citation to Federal Circuit Decisions in Patent Cases
  13. Misuse of a Patent Pool: En Banc Federal Circuit To Decide Whether CD-R/RW Patentees Improperly Sequestered Alternative Technologies
  14. Ariad v. Lilly Amici Briefs
  15. Patent Reform: Reverse Payments
  16. Helium Balloon for Carrying a Human Pilot
  17. The Increasing Role of Published Applications in Patent Examination
  18. USPTO Removes Rule Changes
  19. Microsoft Questions Strong Presumption of Patent Validity over Newly Found Prior Art
  20. Declaratory Judgment Standing: Must All Patent Owners be Joined?
  21. Suing for Infringement Done “For the United States”
  22. Tafas v. Dudas Concludes: CAFC Must Choose Whether to Vacate District Court’s Precedent
  23. Patently-O Bits and Bytes No. 132
  24. Patently-O Bits and Bytes No. 132
  25. Patently-O Bits and Bytes No. 132
  26. USPTO Fees: Look for Increases
  27. Supreme Court Indicates Interest in International Exhaustion Case
  28. Expanding First Action Interview Pilot Program
  29. Bilski Briefs: Supporting the Government (In Name)
  30. PTO Deputy Director: Sharon Barner
  31. Another University Patent Ownership Dispute: Stanford Loses Rights Based on Researcher’s Side Agreement

September 2009

  1. Changing the USPTO Count System: Incrementally
  2. Claim Construction: A Structured Framework*
  3. Bilski Briefing: Government Argues that Section 101 “Processes” are limited to “technological and industrial processes.”
  4. Bits and Bytes No. 131
  5. Bits and Bytes No. 131
  6. Bits and Bytes No. 131
  7. Using Reexaminations to Avoid Willfulness Damages
  8. BPAI Statistics
  9. Using Claim Terms and their Synonyms
  10. Public Accessibility of Prior Art: PTO Must Provide Evidence of Indexing Date
  11. President Obama’s Strategy for American Innovation
  12. Patently-O Bits and Bytes No. 130
  13. Patently-O Bits and Bytes No. 130
  14. Patently-O Bits and Bytes No. 130
  15. Troll Tracker Defamation Lawsuit: Trial Underway
  16. An Appeal to the New Patent Office Director: Repeal the Single Sentence Rule
  17. An Initial Comment on Prometheus: The Irrelevance of Intangibility
  18. Kappos: Earn Accelerated Examination Rights by Abandoning Worthless Applications
  19. Patentable Subject Matter: Federal Circuit Upholds Patentability of Drug Dosage Method Claim
  20. USPTO Director Kappos Discusses USPTO 2010
  21. Lucent v. Microsoft: Damages
  22. Federal Circuit Debates Stays Pending Reexamination; Injunctions when Claims are of “Suspect Validity”
  23. Mystery Graph of the Day
  24. Patently-O Bits and Bytes No. 129
  25. Patently-O Bits and Bytes No. 129
  26. Patently-O Bits and Bytes No. 129
  27. Professor Arti Rai to join the PTO?
  28. Claim Preclusion and Vitiation
  29. The Rising Importance of Method Claims
  30. Most Common Preambles
  31. Federal Circuit: Is a Human An Animal? Written Description; Enablement; and Inventorship
  32. Appellate Court Stays Injunction Against Microsoft Word
  33. Google’s Patent on its GOOGLE.COM Home Page
  34. Federal Circuit Expanded Panel
  35. Patent Attorney Work Week
  36. Rethinking the USPTO Examiner Count System

August 2009

  1. Fraud in Trademark Prosecution: Should Have Known Standard is Insufficient
  2. Bits and Bytes No. 128: BRCA Gene Patents
  3. Microsoft v. i4i: Briefing the Appeal
  4. Judge Rader on the Global Role of Intellectual Property Rights
  5. Law Review Student Note Topics for 2009
  6. Federal Circuit Vacates Ultracet Obviousness Decision
  7. Microsoft v. i4i: Relevance of the Pending Reexamination
  8. Bits and Bytes No. 127: Patentability shall not be negatived by the manner in which the invention was made.
  9. Bits and Bytes No. 127: Patentability shall not be negatived by the manner in which the invention was made.
  10. Bits and Bytes No. 127: Patentability shall not be negatived by the manner in which the invention was made.
  11. Reissue Applications over Time
  12. Patently-O Bits and Bytes No. 126
  13. Patently-O Bits and Bytes No. 126
  14. Patently-O Bits and Bytes No. 126
  15. Ariad v. Lilly: Federal Circuit Grants En Banc Request to Challenge Written Description Requirement
  16. t minus 50: Microsoft Requests Emergency Stay of Injunctive Relief
  17. Federal Circuit Rejects Challenge to Patent Rights Obtained Through Foreclosure
  18. Bits and Bytes: Hot News
  19. En Banc: Methods do not have Exportable Components and Therefore Method Claims Cannot be Infringed Under Section 271(f)
  20. Judge versus Jury: Who Should Decide the Question of Obviousness?
  21. Top Patently-O Posts from the Past Year
  22. Fraud on the Patent Office: Federal Circuit Emphasizes Rule 9(b) Heightened Pleading Requirement for Defense of Inequitable Conduct
  23. Dependent Claim Improperly Held Obvious (When Independent is Nonobvious)
  24. Making a Federal Circuit Case of That?
  25. Guest Post: The Applied/Abstract Distinction is the Key to §101 Patentability
  26. Bits and Bytes No. 125: Comments on Comments
  27. Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285
  28. Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285
  29. Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285
  30. Kappos Sworn in as Director
  31. Challenging PTO Decisions in District Court: Federal Circuit Affirms Exclusion of Enablement Evidence that “Should Have” Been Raised During Prosecution
  32. Bits and Bytes No. 124
  33. Bits and Bytes No. 124
  34. Bits and Bytes No. 124
  35. Microsoft Ordered to Stop Selling MS Word
  36. Bilski’s Patent Application
  37. Bits and Bytes No. 123: Judge Schall
  38. Article: Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009
  39. Bilski Briefs [Updated with 44 Briefs]
  40. Bits and Bytes No. 122: Nominees
  41. Seeing the Forrest: Considering Worldwide Patent Trends
  42. Patent Office Keeps Check, Lets Patent Go Abandoned For Being $10 Short
  43. Transformers v. Decepticons – Petitioner’s Brief In Bilski
  44. Cooper Cameron: First Inter Partes Reexam Appeal to the Federal Circuit
  45. New Proposed Patent Rules Significantly Change Claim Construction Briefing
  46. Ex parte Competitive Technologies, Inc. (B.P.A.I. 2009)

July 2009

  1. Innovation Alliance Video
  2. Four New Job Postings on Patently-O Jobs
  3. Statement of David J. Kappos, Nominee for Under Secretary of Commerce for Intellectual Property
  4. Claim Construction
  5. Patently-O Bits and Bytes No. 121: #Kappos
  6. Requester Success Rates In Inter Partes Reexamination
  7. Published Applications as Prior Art
  8. Question on dedication of material
  9. Blackboard: Federal Circuit Again Find Software-Related Means-Plus-Function Claims Invalid for Failing to Disclose Sufficient Structure
  10. Priority Claims in Issued Patents
  11. Centocor v. Abbott (E.D.Tex.)
  12. Inventorship: Conception does not Require Scientific Certainty; Rather, “Proof that the Invention Works to a Scientific Certainty is Reduction to Practice”
  13. Diverging Claim Constructions
  14. The Unreasonableness of the Patent Office’s ‘Broadest Reasonable Interpretation’ Standard
  15. When The Infringing Device only Temporarily Meets the Claim Limitations
  16. More False Marking: Forest Group v. Bon Tool
  17. Ranking of Patent Law Blogs
  18. False Marking Case Dismissed
  19. Mexican Yellow Bean Patent Finally Cooked
  20. The Pope on Patents
  21. Sanctions for Frivolous Lawsuit: Fraser v. High Liner Foods
  22. The Changing Nature Inventing: Collaborative Inventing
  23. OVERVIEW OF USPTO PROCEEDINGS FOR THE REEXAMINATION OF A U.S. PATENT
  24. Inter Partes Reexamination Statistics
  25. En Banc Federal Circuit To Rehear Tafas v. Doll
  26. Ex Parte Reexamination Pendency
  27. Happy Fourth-of-July
  28. Happy Fourth-of-July
  29. Happy Fourth-of-July
  30. The Flawed Nature of the False Marking Statute
  31. Assistant Examiners and Patent Term Adjustment

June 2009

  1. Bits and Bites: Voting Again
  2. Dropping Claim Counts
  3. Centocor v. Abbott: $1.67 Billion Jury Verdict
  4. Prelim: The Association Between Grant Rate and Pre-Filing Searches
  5. Effect of a Stipulated Dismissal
  6. Evidence Based Prosecution: The Status of Applications Filed 4 ½ Years Ago
  7. Evidence Based Prosecution: The Status of Applications Filed 4 ½ Years Ago
  8. Evidence Based Prosecution: The Status of Applications Filed 4 ½ Years Ago
  9. Timeline of the BPAI Backlog
  10. Bits and Bytes No 120: In the News
  11. Patently-O Bits and Bytes No. 119
  12. Patently-O Bits and Bytes No. 119
  13. Patently-O Bits and Bytes No. 119
  14. Understanding the Role of the Board of Patent Appeals: Ex Parte Rejection Rates on Appeal
  15. Bits and Bytes No. 118: Kappos & Dudas
  16. Understanding the Role of the Board of Patent Appeals: Ex Parte Rejection Rates on Appeal
  17. Preliminary Injunctions and Obviousness in Design Patent Law
  18. Appealing BPAI Rejections to the Federal Circuit
  19. Bits and Bytes No. 117: Data, Damages & Deferred Examination
  20. Bits and Bytes No. 117: Data, Damages & Deferred Examination
  21. Bits and Bytes No. 117: Data, Damages & Deferred Examination
  22. BPAI Backlog
  23. Lack of Standing: Dismiss with(out) prejudice
  24. Court Costs: $1,000,000 in Translation Costs Awarded to Prevailing Party
  25. Injunctive Relief: District Court Abused Discretion by Failing to Consider eBay Factors
  26. Bits and Bytes No. 116
  27. Written Description: Araid Petitions en banc Federal Circuit to Eliminate Separate Written Description Requirement
  28. Tafas v. Doll (En Banc Suggestion)
  29. Fractured Claim Construction
  30. Bits and Bytes No. 115
  31. Appealing BPAI Rejections: Part I
  32. Survey: Swearing behind prior art

May 2009

  1. Google Friend Connect
  2. Bits and Bytes No. 113: PTO Director
  3. Discovery Misconduct
  4. Patently-O Bits and Bytes No. 112: Legally Drawn
  5. Paragon v. Timex: Claims with Contextual Limitations
  6. Declaratory Judgment: Personal Jurisdiction over Foreign Patent Holder
  7. Ranking Patent Blogs
  8. Appellate Practice: Working Models for the Court
  9. Genentech & Volkswagen: Federal Circuit Splits on Venue Transfer Cases
  10. Impact of Merger/Buyout on Prior Agreement to Not Challenge Patent Validity
  11. Patent Licenses Include Inherent Rights Allowing Third-Party Manufacture
  12. Zuhn: A Model Patent Office for the Future
  13. Dickson Industries: Inequitable Conduct Holding Vacated
  14. Deference to ITC Claim Construction Decisions?
  15. En Banc Federal Circuit: Infringement of Product-by-Process Claim Requires Practicing the Process
  16. Patently-O Bits and Bytes No. 111
  17. Patently-O Bits and Bytes No. 111
  18. Patently-O Bits and Bytes No. 111
  19. BPAI Precedential Opinion on Rejecting Software Means Claims
  20. Irreparable Harm of Generic Competition: Federal Circuit Affirms Finding that Generic Entry Does not Cause Irreparable Harm
  21. People (lots of) vs. The Breast Cancer Gene Patents
  22. Actonel Patent Validity Affirmed: Nonobviousness of Positional Isomer
  23. Claim Construction Disclaimer & Judicial Estoppel
  24. US News Top IP Programs
  25. Design Patent Law: The New Ordinary Observer Test
  26. BPAI Precedential Opinion: The Nexus for Obviousness and Nonobviousness
  27. Obviousness-Type Double Patenting and Splitting Ownership (CAFC Says Don’t Do It)
  28. Patently-O Bits and Bytes No. 110
  29. Patently-O Bits and Bytes No. 110
  30. Patently-O Bits and Bytes No. 110
  31. The Economy and IP Law Practice
  32. Holman: A Contrarian Law Professor’s Two Cents on the Arkansas Carpenter’s (Ciprofloxacin) Petition for Certiorari
  33. Supreme Court Reverses: Finding that the Federal Circuit has Appellate Jurisdiction to Review Remand to State Court
  34. Pointing Out the Problem to be Solved or Objects of the Invention
  35. Patently-O Bits and Bytes No. 109
  36. Patently-O Bits and Bytes No. 109
  37. Patently-O Bits and Bytes No. 109
  38. Bits and Bytes No. 108
  39. Bits and Bytes No. 108
  40. Bits and Bytes No. 108
  41. Federal Circuit Applies Phillips to Limit Gift Card Claim Construction

April 2009

  1. Bits and Bytes No. 106: Patent Reform
  2. Federal Circuit Revises: Amgen v. ITC
  3. Patently-O Bits and Bytes No. 105
  4. Patently-O Bits and Bytes No. 105
  5. Patently-O Bits and Bytes No. 105
  6. Trademark: Mark is Geographically Deceptively Misdescriptive Only if Deception is Material to a Substantial Portion of the Intended Audience
  7. Assigning Patent Rights
  8. Book Review: Computer Automated Inventing
  9. Judge Posner at the Federal Circuit: Patent on Sex Aid is Obvious
  10. Prescriptions for Drafting Assertable Claims
  11. Lichtman on IP (with free CLE credit)
  12. Federal Circuit Remands Patent Pool Misuse Case: Issue of Improperly Sequestering Alternative Technology
  13. Bits and Bytes No. 104: Past and Future Events
  14. Narrowing Amendment and Prosecution History Estoppel
  15. Double Patenting: Proving Distinctiveness Based on Later Developed Evidence
  16. Patently-O Bits and Bytes No. 103: Events and Jobs
  17. Challenging the Strong Presumption of Patent Validity
  18. In re Ferguson (Answers to Frequently Asked Questions FAQ)
  19. Patents Exhausted by Sale after Covenant Not to Sue
  20. Patent Reform: First to File
  21. Bits and Bytes No. 102
  22. Bits and Bytes No. 102
  23. Bits and Bytes No. 102
  24. Law Student Interns at PTO
  25. Written Description: Pioneering Claims Require More Expansive Written Description
  26. In re Kubin: Federal Circuit Expands Obvious-to-Try Jurisprudence
  27. Patents and the Auto Industry Bailout
  28. Percentage of Patents that were Initially Rejected
  29. In re Gleave: Reference with Unknown Utility Still Anticipates
  30. Design Patents: Sailing Through the PTO
  31. Guest Post: Ten Reasons the Supreme Court Should Take In re Bilski

March 2009

  1. Bits and Bytes No. 101: Patent Bill & the Patent Lobby
  2. Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law
  3. No Stay of District Court Proceedings Pending Appeal of Preliminary Injunction
  4. Tuesdays with Aaron
  5. Best Practices for Trade Secret Protection
  6. Independent Inventors: Five Ways to Reduce the Cost of Patenting and Get a Better Patent Application
  7. Dear Patently-O: How Do You React to the Following Letter
  8. Book Review: Patent Interferences as High Drama!
  9. Federal Circuit Awards Sanctions for Frivolous Appeal
  10. Inequitable Conduct Based on Failure to Submit Rejection in Co-Pending Case
  11. Gholz: Linking Post-Grant Review with Interference Procedure
  12. Patently-O Bits and Bytes No. 97
  13. Patently-O Bits and Bytes No. 96
  14. Inequitable Conduct: Trends at the Federal Circuit
  15. Judge Linn Calls for En Banc Restatement of the Law of Inequitable Conduct
  16. Improper Summary Judgment on Doctrine of Equivalents; Marking Products that Perform Method Claims
  17. The Essential Element Test and ICU Medical
  18. Written Description: Federal Circuit Again Invalidates Broadened Claims
  19. Query on Elements and Limitations
  20. Federal Circuit Affirms $4.6 million award for litigation misconduct
  21. Federal Circuit Affirms $4.6 million award for litigation misconduct
  22. Federal Circuit Affirms $4.6 million award for litigation misconduct
  23. Rooklidge: Patent Reform Damages Provision Violates Seventh Amendment
  24. Spangenberg on Apportionment, Obviousness and Anonymous Comments
  25. Patent Reform 2009: More on Damages
  26. In re Nature’s Remedies: Foreign Regulatory Submission Invalidates Patent Under 102(b)
  27. In re Ferguson: Patentable Subject Matter
  28. Threading Comments on Patently-O
  29. Guest Post: Hot Topics in US Patent Reexamination
  30. Patent Law Professors on the Move
  31. Forward Looking Patent Damages
  32. Stays Pending Inter Partes Reexamination
  33. Cardiac Pacemaker v. Jude: En Banc Challenge to 271(f) Liability for Components of a Method
  34. Patently-O Bits and Bytes No. 95
  35. What is a troll patent and why are they bad?
  36. Guest Post: Monsanto Company’s View on Patent Reform – Protect Innovation:
  37. Patent Reform 2009: Damages
  38. Patent Reform Act of 2009
  39. Google Patent Chief: Patent reform needed more than ever
  40. Eastern District of Texas as the Best Venue
  41. Bits and Bytes No. 94
  42. State Immunity from Patent Infringement: Bargaining for Grant Money
  43. Patently-O Bits and Bytes No. 93
  44. Patently-O Bits and Bytes No. 93
  45. Patently-O Bits and Bytes No. 93
  46. Patentable Subject Matter Redux: Bilski 2009

February 2009

  1. Accelerated Examination Case Study
  2. Examiner SlimThugS USPTO Rap
  3. Waiving Arguments at the Board of Patent Appeals
  4. Federal Circuit Affirms District Court’s Extension of 30-Month FDA Stay
  5. Merchants Warranty of Non-Infringement
  6. USPTO Maintenance Fees
  7. Top Patent Blogs (according to links from other blogs)
  8. Provisional Patent Applications: Waiting to File Non-Provisionals
  9. Provisional Patent Applications: Waiting to File Non-Provisionals
  10. Provisional Patent Applications: Waiting to File Non-Provisionals
  11. References Cited
  12. Extending Patent Terms
  13. Patent Attorney Argument as Inequitable Conduct
  14. Federal Circuit Takings Case: Set Up for Supreme Court Review
  15. Percent of Patents Discussing “Microsoft,” part II
  16. Brief post on the stimulus [updated]
  17. Obviousness; Scope and Content of the Prior Art; Secondary Considerations
  18. Federal Circuit Finds DJ Jurisdiction Even After Time-Limited Covenant Not To Sue
  19. Percent of Patents Discussing “Microsoft”
  20. Patent Searching Tools
  21. Orion and Taurus: NPEs at the Federal Circuit
  22. USPTO News
  23. Law Firms That Appeal
  24. Looking Ahead: Preclusive Effect of Prior Claim Construction
  25. Article One Partners Pays First Patent Slayer Prize of $50,000
  26. Patently-O Bits and Bytes No. 91
  27. Federal Circuit Applies KSR – Finding Combination Claims Obvious
  28. Federal Circuit Disposition Statistics
  29. Patent Reform in the House of Representatives
  30. Patent Reform in the House of Representatives
  31. Federal Circuit Begins Publishing Orders on Motions
  32. Cardiac Pacemaker v. Jude: Challenging 271(f) Liability for Components of a Method
  33. Federal Split Decision Highlights Unpredictability of Claim Construction (Once Again)
  34. Classen v. Biogen: Request for Rehearing

January 2009

  1. BPAI Again Rejects System Claims under Bilski
  2. Sarnoff: The Patent Act’s Mention of Business Method Patents Does Not Mean that Section 101 Should Extend to Cover Business Methods
  3. The Exodus: Following TS Tech, Patent Lawsuit Transferred from E.D. Texas to Oregon
  4. The BPAI and the Machine or Transformation test of Bilski
  5. Bilski at the Supreme Court
  6. Peer-to-Patent Project Begins Post-Issue Review
  7. Prometheus v. Mayo:
  8. Upcoming Events & New Blogs
  9. Sasha and Malia Dolls: Legal Remedies for the Obamas
  10. Patently-O Bits and Bytes No. 90
  11. President Obama and Cass Sunstein to take Hard Look at Proposed Rules
  12. Obama’s Beginning
  13. Testing
  14. Bits and Bytes No. 89
  15. Bits and Bytes No. 89
  16. Federal Circuit Finds Stent Patent Obvious by Combining Embodiments in a Single Prior Art Reference
  17. Should the Supreme Court Grant Cert in Rambus?
  18. The Rambus Certiorari Petition: Causation, Competition, and Standard-Setting Organizations
  19. BPAI Applies Bilski to Deny Patentability of Machine Claim
  20. Patently-O Bits and Bytes No. 87
  21. Federal Circuit Revises (Muzzles) Comiskey
  22. Patently-O Bits and Bytes No. 86
  23. Supreme Court Patent Update
  24. The Soaring Rate of BPAI Appeals
  25. Federal Circuit Denies Declaratory Jurisdiction When Patentee had not “Seen or Evaluated” Product
  26. Federal Circuit Denies Declaratory Jurisdiction When Patentee had not “Seen or Evaluated” Product
  27. PTO Director Jon Dudas Announces Resignation
  28. Muddling Through Claim Construction
  29. Patent Docs: Top Biotech and Pharma Patent Stories of 2008
  30. Jury verdict forms
  31. Patently-O Bits and Bytes No. 85
  32. Patently-O Bits and Bytes No. 85
  33. BPAI Appeal Statistics: The Plummeting Reversal Rate
  34. Federal Circuit affirms permanent injunction in face of prior license agreements
  35. Federal Circuit affirms permanent injunction in face of prior license agreements
  36. Federal Circuit Rejects Patent Attorney Expert Testimony; Finds Patent Obvious
  37. Federal Circuit Rejects Patent Attorney Expert Testimony; Finds Patent Obvious

2008 436

December 2008

  1. On the Price Elasticity of Demand for Patents
  2. What Happens After the BPAI Reverses an Examiner Rejection
  3. Federal Circuit Transfers Case Out of Texas (Applying New Fifth Circuit Precedent)
  4. Patently-O Bits and Bytes No. 84
  5. Patently-O Bits and Bytes No. 84
  6. Gilbert Hyatt: BPAI Erred in Aggressive Grouping of Claims
  7. PTO must interpret claims in light of specification and as they would be interpreted by PHOSITA
  8. Chamber of Commerce Calls for Internal Changes at the PTO
  9. Patent Law School Exam: Essay No. 2
  10. Federal Circuit Affirms (Not) “Obvious to Try” Jury Instructions
  11. Federal Circuit Affirms (Not) “Obvious to Try” Jury Instructions
  12. Federal Circuit Proposed Timing Rules
  13. Federal Circuit Proposed Timing Rules
  14. Patent Law School Exam: Essay No. 3
  15. Federal Circuit Invalidates Immunization Patent for lack of Patentable Subject Matter
  16. Federal Circuit Invalidates Immunization Patent for lack of Patentable Subject Matter
  17. Post Microsoft v. AT&T: 271(f) ExtraTerritorial Infringement Still Applies to Process Claims
  18. BPAI: PTO Should Apply Broadest Reasonable Claim Interpretation to Section 101 Analysis
  19. CAFC Affirms PTO’s right to fire quality assurance specialist for 35%+ error rate.
  20. Court Lacks Personal Jurisdiction over Foreign Patentee in Declaratory Judgment Action
  21. Means-Plus-Function Fools Gold
  22. Federal Circuit Affirms Nonobviousness of Plavix Isomer Patent
  23. Federal Circuit Affirms Nonobviousness of Plavix Isomer Patent
  24. Enforcing Foreign Patents in the US: Distinguishing Voda
  25. Sullivan’s IP Law Outline
  26. Court: Parties Must Justify Need for Claim Construction
  27. Federal Circuit Affirms Narrow Construction of “Internet Billing Method”
  28. Federal Circuit Affirms Narrow Construction of “Internet Billing Method”
  29. Patently-O Bits and Bytes
  30. Patently-O Bits and Bytes
  31. New Patent Appeals Rules: Delayed by Whitehouse OMB
  32. Post-Reexamination Litigation Estoppel
  33. During prosecution, claims are indefinite when amenable to multiple plausible constructions
  34. Oral Arguments in Tafas v. Dudas
  35. Patently-O Bits and Bytes
  36. Patently-O Bits and Bytes
  37. California’s One-Sided Patent Regime: Litigating With Immunity
  38. Patent Practitioner Ethics Update
  39. Patently-O Bits and Bytes: Vote for Patently-O
  40. Patently-O Bits and Bytes: Vote for Patently-O
  41. Standard Setting and Waiver of Patent Rights
  42. Constitutional Separation of Powers

November 2008

  1. BPAI: “Programmed Computer Method” Not Patentable Subject Matter
  2. Patently-O Bits and Bytes
  3. Patently-O Bits and Bytes
  4. Federal Circuit Internal Operating Procedure
  5. Federal Circuit Internal Operating Procedure
  6. Leader tech v f
  7. Rewarding Breakthrough Innovation
  8. Citation of law review articles
  9. Patently-O Bits and Bytes No. 78
  10. Patently-O Bits and Bytes No. 78
  11. Software Method Claims: Bilski in light of Benson
  12. NonObviousness: Analogous Arts Test Still Strong
  13. New PPAC Members
  14. Patently-O Bits and Bytes No. 77
  15. Malpractice and the Statute of Limitations
  16. Patent Practice: Annual Practitioner Maintenance Fee.
  17. Graham Analysis Not Necessary for Obviousness-Type Double Patenting Rejection
  18. Patent Reform: Next Stop USPTO
  19. Patently-O Bits and Bytes
  20. How Long Do I Wait for a First Office Action [Updated Data]
  21. Survey results: Would Metabolite’s claim 13 be found patentable under the reasoning of Bilski?
  22. Post-Bilski BPAI Approves of Beauregard Claims
  23. Trends in patent complaints
  24. Firm Disqualified from Representing Patentee in Malpractice Suit After Defending Deposition of Prosecuting Attorney
  25. Patent Demand – A Simple Path to Patent Reform
  26. Applying Bilski to Metabolite’s Diagnosis Claim
  27. Constitutionality of the Marking Statute
  28. “Barack,” “Obama,” and the Trademark Office
  29. California Malicious Prosecution Charges Based on PTO Interference
  30. Responding to Examiner’s Charge of Burying Reference
  31. Canadian Supreme Court Confirms Plavix Patent Despite Evergreening Charges
  32. Junk Patents
  33. Obligation to point out the inventor and invention dates of each claim not commonly owned
  34. Federal Government’s Contracting Quota for Small (Racially) Disadvantaged Businesses Found Unconstitutional
  35. BPAI Appointments Clause Argument Waived
  36. Applying Bilski to Biotechnology and the Life Sciences
  37. Gardner: Patent Bar Should Use Its High Priced Skills to Overcome Bilski et al.
  38. Here is a repri
  39. Bilski: Adding Obvious but Meaningful Limitations
  40. Written Description: Single Embodiment Insufficient
  41. Professor Collins: In re Bilski: Tangibility Gone “Meta”
  42. Patently-O Bits and Bytes
  43. CLE: How to Draft Software Claims under Bilski

October 2008

  1. Patenting Tax Strategies Under Bilski
  2. In re Bilski: Patentable Process Must Either (1) be Tied to a particular machine or (2) Transform a Particular Article
  3. Reasonable Billing Rates
  4. Patently-O Bits and Bytes No. 74
  5. PTO To Delay IDS & Markush Rules Until 2009
  6. Patently-O Bits and Bytes
  7. Co-Inventors Contribution Must Be “More Than The Exercise of Ordinary Skill”
  8. The Health Impact Fund
  9. Judge Posner on Inequitable Conduct
  10. The Trade Secret Value of Early Patent Filing
  11. BPAI: Under §102(e), Provisional Application Considered Prior Art as of its Filing Date.
  12. Intellectual Property in a Public Health Crisis
  13. Rethinking the four ‘factors’ of preliminary injunctive relief
  14. Patenting the Statue of Liberty
  15. Anticipation Requires More Than Disclosing All the Elements
  16. Judge Improperly Cut Patentee’s Million Dollar Jury Verdict Without Offering a New Trial
  17. Protecting Design Patents on Shoes
  18. Does the Piracy Paradox apply for Patents?
  19. Patently-O Bits and Bytes: Partners, Events, and Jobs
  20. Recent posts ci
  21. Federal Circuit Finds No Antitrust Liability for Hatch-Waxman Reverse Payment Settlements
  22. Rethinking the Scope of Prior Art in Obviousness Cases
  23. Patently-O Bits and Bytes
  24. Tafas v. Dudas: Amicus Briefs at the Federal Circuit
  25. Federal Circuit Vacates ITC’s Broadcom Order
  26. Shifting Burden of Production Does Not Shift Burden of Proof; PTO Deference
  27. Federal Circuit Agrees to Hear Interlocutory Appeal on Standing
  28. CAFC allows Venue Transfer to Texas
  29. Paul Cole, Patentability of Computer Software As Such
  30. Paul Cole, Patentability of Computer Software As Such
  31. Anticipated yet Nonobvious
  32. ABC is Looking for a “Superstar Family of Inventors”
  33. Federal Circuit Affirms $46m Default Judgment Against Bodog
  34. Laches and Equitable Estoppel
  35. Patently-O Bits and Bytes: Prior Art Citations
  36. Inventor Remuneration Around the World
  37. IGT Petitions for En Banc Rehearing: Asking Court to Allow Invalidity Defense for “Improper Revival”
  38. Inventorship and Claim Scope Decisions
  39. Sample Responses to Office Actions
  40. Prior Art Must Enable a Skilled Artisan to Make the Invention without Undue Experimentation
  41. Patently-O Bits and Bytes: Judge Lourie on the Federal Circuit
  42. No Personal Jurisdiction for Patent Case Against Sprint Nextel
  43. Patently-O Bits and Bytes No. 68: People in the News
  44. Sensitivity to USPTO Fees
  45. Patently-O Bits and Bytes
  46. Shaping Nuanced Patent Injunctions: Broadcom v. Qualcomm

September 2008

  1. “Indefiniteness is a Matter of Claim Construction”
  2. Combining References in Novelty; Slack in New Matter; No Decision on Injunction for NPE
  3. Federal Circuit Affirms that Lucent’s $1.5B Patent Victory is Gone
  4. Federal Circuit: Failure to Obtain Non-Infringement Opinion May Serve As Evidence of Intent to Induce Infringement
  5. Patently-O Bits and Bytes No. 66
  6. En Banc Federal Circuit Revives Design Patent Law
  7. Erroneous Revival by PTO is not a Cognizable Defense in an Infringement Action
  8. Patently-O Bits and Bytes
  9. Federal Circuit Finds Personal Jurisdiction Over Declaratory Judgment Defendant
  10. Information Disclosure: Less is More for PTO?
  11. Patently-O Bits and Bytes
  12. Percentage of Patents Where Applicants Filed Disclosure Statements
  13. In re Swanson: CAFC Allows Reexamination Based on Reference Previously Considered by PTO and Courts
  14. Ron Slusky: Five Prescriptions for Broader Claims
  15. Evidence Based Prosecution: More Claims Filed Equates with Longer Time in Prosecution
  16. Patently-O Bits and Bytes
  17. Potential of Extending Exclusive Generic Period by Delaying Generic Launch Does Not Create Actionable Harm
  18. CAFC: Deadlines Stick
  19. Venue: East Coast Wins
  20. Appellate Decisionmaking: Unanimity or Dissent
  21. NYTimes: Universities, Patents, & Profits
  22. CAFC Applies Lilly to Invalidate Carnegie Mellon’s Plasmid Claims
  23. Provisional Rights II: Substantially Identical Claims
  24. PAIR Offline
  25. Provisional Rights I: Calculating a reasonable royalty
  26. Claim Construction: “The” condylar element does not mean “each and every” condylar element
  27. Patently-O Bits and Bytes
  28. CAFC Flips Call Routing Decision
  29. Evidence Based Prosecution: Why are Deadlines Driving Response Timing?

August 2008

  1. Law Review 2008: Ideas for Student Notes.
  2. Patently-O Bits and Bytes
  3. The Clarified Law of Inequitable Conduct
  4. Important Inequitable Conduct Decision: Defendant Must Prove its Case
  5. Greg Aharonian Discussed the WSJ’s “Idiotic Article on Patent Tr-lls”
  6. Patent Law Bits and Bytes No 61
  7. Albritton v. Patent Troll Tracker: Patently-O’s Subpoena
  8. Public & Experimental Use: Reduction to Practice Requires Knowledge that Invention Works for Intended Purpose
  9. The Surprising Efficacy of Inter Partes Reexaminations
  10. Patently-O Bits and Bytes No. 60: Nintendo Wii, etc.
  11. Damages Tally Begin as Soon as Defendant is Given Notice of Infringement
  12. Marking of Prescription Drug Does Not Create DJ Jurisdiction for Generic Competitor
  13. Patently-O Bits and Bytes No. 59
  14. CAFC Finally Affirms a Finding of Infringement by Equivalents
  15. Reissue Claim is Improperly Broadened if “Broader in Any Respect.”
  16. Book Docket: Looking for Law School Book Lists
  17. Todd Dickinson To Take AIPLA Helm
  18. Albritton v. Patent Troll Tracker
  19. Open Source License Conditions Enforceable Through Copyright Law
  20. Patently-O Bits and Bytes No. 56
  21. Serendipity and Patentability
  22. No Inequitable Conduct if Examiner Finds Withheld Reference while Searching
  23. Patently-O Bits and Bytes No. 55: IP Scholars Edition
  24. Inventorship Disputes: Six-Year Laches Presumption Applies Despite Intermediate Reexamination
  25. Trends in Inventing: Design Patents
  26. Inequitable Conduct: Out of the Frying Pan?
  27. Judge Rader Again Defends Patentee Against Charges of Inequitable Conduct
  28. CAFC Refuses Mandamus to Stay ITC Proceeding Pending Reexamination
  29. Patently-O Bits and Bytes
  30. Research Tools: No 271(e)(1) Safe Harbor for Non-Regulated Equipment
  31. Why Use Anonymous Searchers?
  32. Guest Editorial: Obama Put Forward Sound Priorities on Patents Last Year. McCain May (Finally) Get To It Soon.
  33. End of an Era; End of a Blog
  34. Patent Reform 2008: (fixing constitutional errors)

July 2008

  1. Checklist to Avoid Inequitable Conduct
  2. Claim Construction Not Required Before Preliminary Injunction Decision
  3. Patently-O Bits and Bytes No. 53
  4. USPTO Rejects SYMBICORT Patent Extension
  5. PTO Press Release: Deputy Peterlin Leaving PTO
  6. BPAI Factual Findings Affirmed Based on Substantial Evidence
  7. Secondary Considerations of Obviousness in a Patent Case: The Seldom-Used “Simultaneous Invention” Factor
  8. Obviousness of Chemical Compounds; Split over Inequitable Conduct
  9. Reading Quanta Narrowly
  10. Applying Festo to Claim Construction: Construing an Amended Claim
  11. Filing of Continuations and RCEs: 1998-2007
  12. Patently-O Bits and Bytes No 52
  13. Outsourcing of Patent Preparation: PTO Says Beware
  14. What’s Sauce For the Private Goose…
  15. The Death of Google’s Patents?
  16. The Death of Google’s Patents?
  17. Movie: Flash of Genius
  18. Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit
  19. Legal Ethics Survey
  20. Can a Patent Plaintiff Reserve Claims to be Filed in a Later Lawsuit?
  21. Patently-O Bits and Bytes No. 51
  22. When does a case become moot (and thus not an Article III controversy)?
  23. Obviousness is Reviewed De Novo
  24. MUNIAUCTION: Joint Infringement Requires Mastermind
  25. Patently-O Bits and Bytes No. 50
  26. CAFC Leans on District Court to Open Sealed Case
  27. Rich Baker Announces Congressional Bid
  28. Business System Patents
  29. Apotex Challenge to ACULAR LS Patent Barred by Res Judicata
  30. Recent BPAI Decisions
  31. Patently-O Bits and Bytes No. 49
  32. Poor Man’s Opposition at the PTO: Trickery
  33. Poor-man’s Opposition Proceeding
  34. Patently-O Bits and Bytes No. 48
  35. Repeal 35 USC 122(c) …..at least for Business Methods
  36. Reigniting the Engine of Growth with the Sparkplug of Invention
  37. Will Sprint Communications lead to a rethink of patent law’s standing doctrine?

June 2008

  1. Patently-O Bits and Bytes: Conferences
  2. What’s Wrong with Software Patents?
  3. Book Review: Markman at the Beach
  4. Patently-O Bits and Bytes: Family News
  5. Ron Slusky: Five Prescriptions for Effective Analyzing an Invention and then Claiming It
  6. Ex Parte Reexamination Statistics II
  7. Microsoft’s Patenting Trend
  8. Federal Circuit Announces Proposed Amendments to Its Internal Operating Procedures
  9. John McCain’s Prize System: $300 Million for Battery Power
  10. Ninth Circuit Applies Federal Circuit Law in Interpreting Contract to Assign Patent Rights
  11. Limiting the number of claims construed
  12. Tax Patent Legislation: Excusing Infringement of Patented Tax Planning Methods
  13. Patently-O Bits and Bytes No. 45 – Confidential Court Documents
  14. Inequitable Conduct Based on Petition to Make Special
  15. Prison: The last stand for land line phones.
  16. Deciding Infringement During Claim Construction
  17. CAFC Reverses After Lower Court Denies Patentee the Opportunity to Present a New Infringement Argument on Remand
  18. CAFC Affirms Exceptional Case Attorney Fees Based on Multiplicity of Minor Acts of Misconduct
  19. Patently-O Bits and Bytes No. 44: Deferred Examination
  20. District Court Must Provide Underlying Reasoning For “Exceptional Case” Determination
  21. Patently-O Bits and Bytes No. 43
  22. Obvious to Try? BIO Challenges Ex Parte Kubin
  23. Appellate Court Affirms that Generic Omeprazole does not Infringe Prilosec Patent
  24. Certificate of Correction
  25. Auto Parts Design
  26. Patently-O Bits and Bytes No. 42: Two requests for help
  27. Existence of Non-Asserted Claims Allows Court to Disregard Construction Canon Encouraging Coverage of Preferred Embodiment
  28. Patently-O Bits and Bytes No. 41 (False Marking, Etc.)
  29. Ex Parte Reexamination Statistics I
  30. Some Design Patents That Have Been Litigated
  31. Subsidiary’s Lost Profits Do Not Translate to Lost Profit Damages for Parent Patent Holder
  32. Cornell wins $184 Million in Damages for Past Infringement by HP
  33. Question on Provisionals?
  34. Patently-O Bits and Bytes No. 40
  35. A First Look at Who Files Provisional Patent Applications
  36. Patently-O Bits and Bytes No 39

May 2008

  1. Patently-O Bits and Bytes No. 38: New Blogs
  2. USPTO Examiner Guidance on Business “Processes”
  3. Patently-O Bits and Bytes No. 37
  4. The Multi-Factor Test for Declaratory Judgment Jurisdiction in Patent Cases
  5. Federal Circuit Contract Interpretation
  6. First Sale Doctrine: Copyright & Patent
  7. … and See What Sticks: Claim Construction Appeals
  8. CAFC: Failing to Submit Invention Inspiration OK; Failing to Submit Product Code of Preferred Input Not OK.
  9. USPTOExaminers.com
  10. Patently-O Bits and Bytes No. 36
  11. Theory of Dependent Claims: Survey Results
  12. New Counsel On Appeal Does Not Overcome Waiver of Novelty Argument
  13. Anti-TrafFix: Design Patent Provides Evidence of Non-Functionality in Trade Dress Claim
  14. Federal Circuit Jurisdiction Extends to Non-Patent Portion of Consolidated Case
  15. A Theory of Dependent Claims
  16. Patently-O Bits and Bytes No. 35: Politics
  17. Inequitable Conduct: Failure to Submit Full Experimental Details
  18. Federal Circuit: State of the Court
  19. Phillips Claim Construction: Changed Methodology but Unchanged Results
  20. CAFC Gives Patentee Leeway in Claiming Priority and Correcting PTO Mistakes
  21. Patently-O Bits and Bytes No 34: PPAC
  22. Patent Infringement Claim Preclusion: Only When Accused Device is “Essentially the Same” as Prior Adjudicated Device
  23. Patently-O Bits and Bytes No. 33: Supreme Court
  24. RIM v. NTP Continues to Trouble Patent Office
  25. US Court Refuses to Stay Pending Outcome of Parallel Canadian Inventorship Litigation
  26. CAFC Hears En Banc Bilski Case
  27. Tafas v. Dudas: PTO Announces its Intent to Appeal
  28. John McCain and Patents
  29. Canons of Claim Construction: Cancelled Claims Narrows Construction for Asserted Claims
  30. Patently-O Bits and Bytes No. 32: Patent Law Jobs
  31. Purchasing Canadian Drugs & Patent Infringement
  32. Forging A Patent Document
  33. Patently-O Bits and Bytes No. 31
  34. CAFC Rejects Patent on Invention to Overcome the Second Law of Thermodynamics
  35. False Marking

April 2008

  1. Trade Secret Information can be Purely Mental
  2. Bilski Hearing to Include Amici Arguments
  3. Territorial Limits of Infringement via Sale
  4. CAFC Judge Linn Expresses Disappointment over Failures by the BPAI and Patent Bar
  5. Patently-O Bits and Bytes No. 30
  6. Finisar v. DirecTV: Software Means-Plus-Function Claim must be Supported by Particular Structure
  7. Finisar v. DirecTV: Parallel Claim Construction and Construing the Prior Art
  8. Patently-O Bits and Bytes
  9. Implied License: Purchases from Licensed Manufacturer Come with Implied License to Practice the Invention (Regardless of Non-Infringing Uses)
  10. Patently-O Bits and Bytes No. 28
  11. That which infringes if later, anticipates if earlier – But Elements of Anticipation Must Still be Proven
  12. Arbitration Agreement Does Not Encumber Patent
  13. Challenge to BPAI Appointments Moves to Supreme Court
  14. Interview Before The Examination (“First Action Interview Pilot Program”)
  15. Preamble Not Limiting in This Case (Despite Being Added in OA Response)
  16. Post Judgment Collateral Attack on IP through PTO Action Barred by “Defendant Preclusion”
  17. Patentee has no “Presumption of Priority” Unless Specifically Adjudged by the PTO During Prosecution
  18. PTO Written Description Guidelines
  19. Patently-O Bits and Bytes No. 27
  20. Ex Parte Bilski: On the Briefs:
  21. Lower Court MUST Construe All Disputed Terms
  22. Patent Assignment Must be in Writing; But Some Transfers are not Assignments
  23. Re-Litigating Gorham v. White: Design Patents at the Supreme Court
  24. Challenging Patent Validity: Microsoft Asks Supreme Court to Reduce “Clear and Convincing” Standard
  25. Supreme Court News: Eleventh Amendment Immunity Question
  26. Tafas v. Dudas: Appeal and Legislation
  27. Tafas v. Dudas: PTO’s Proposed Limitations on Continuations and Claims are Invalid
  28. Unpredictable Arts Overcome KSR; Bonus: AND = OR

March 2008

  1. CAFC Overturns Jury Verdict of Non-Obviousness Because Combination Yields Predictable Results
  2. Computer Implemented Means-Plus-Function Element Must be Supported by Specific Algorithm in Specification
  3. Patent Challenge of the Week: When does a patent expire?
  4. Patently-O Bits and Bytes No. 26
  5. Ex Parte Bilski: Once Again Rethinking the Scope of Patentable Subject Matter
  6. Patently-O Bits and Bytes No. 25
  7. E.D. Texas Venue Case Goes En Banc; AIPLA Amicus Brief
  8. Rambus Jumps Up
  9. Intramurals: The European Patent Divide
  10. Recent Patent Law Job Postings on Patently-O
  11. Disavowal of Claim Scope: CDS v. Dell
  12. LinkedIn describes PTO Employees
  13. Patent Troll Tracker & Cisco’s New Blog Policy
  14. CAFC Again Vacates Preliminary Injunction: No Likelihood of Success
  15. Courts Resist Using the Term Patent Troll
  16. Oakley’s Sunglasses and Design Patents
  17. Absolute Novelty, First-to-File, and Foreign Bias
  18. Ex Parte Bilski: Briefing Round I
  19. Patently-O Bits and Bytes No. 24
  20. In Defiance of Kinik: 271(e)(1) Safeharbor Applies to ITC Action Against Importation of Product Made by Patented Process
  21. Moving to First-to-File
  22. Patently-O Bits and Bytes No. 23
  23. The Costs and Benefits of Patents to Innovators
  24. Patent Litigation Statistics: Number of Patents Being Litigated
  25. Patently-O Bits and Bytes No. 22
  26. Extending the Patent Term: Most Patents Are Extended Due to PTO Delay
  27. Patently-O Bits and Bytes No. 21
  28. Do Patents Stimulate R&D Investment and Promote Growth?
  29. Troll Tracker, Defamation, and Splitting the Bar
  30. Patently-O Bits and Bytes No. 20
  31. Pharma Prosecution: CIP Breaks Priority for Restricted Claims
  32. Using Preliminary Injunction Decisions to Seek Immediate Appeal
  33. Patently-O Bits and Bytes
  34. Board of Patent Appeals and Interferences (BPAI)
  35. Declaratory Judgment Jurisdiction: Later Filed Lawsuit by Patentee Serves as Admission that an Actual Controversy Exists
  36. Claim Construction Reversal Rates III – Additional Measures of Experience and Some Possible Explanations

February 2008

  1. Patently-O Bits and Bytes No. 18
  2. Claim Construction Reversal Rates II – District Court Judge Experience
  3. Claim Construction Reversal Rates I – Overall Reversal Rates
  4. Reviving Unintentionally Abandoned Patent Applications
  5. De-Stabilizing Preliminary Injunctions through De Novo Review of Claim Construction
  6. Patently-O Bits and Bytes No. 17
  7. Patent Troll Tracker, Trade Secrets, and other Bits, No. 16
  8. Warning: Do Not Rely on the Experimental Use Exception to 102(b)
  9. Patently-O Bits and Bytes No. 15: Law Professor Edition
  10. Patently-O Bits and Bytes No. 14
  11. CAFC: As a Matter of Law, Preliminary Injunction Defeated by “Casting Doubt” on Patent’s Validity
  12. Patently-O Bits and Bytes No. 13
  13. Bilski: Full CAFC to Reexamine the Scope of Subject Matter Patentability
  14. Meaningful Patent Reform
  15. Patently-O Bits and Bytes No. 12
  16. IR v. IXYS: Appellate Jurisdiction and Narrowing/Broadening Amendments
  17. Issues With Employee Assignment Agreements
  18. MPEP Section 2141 on Obviousness
  19. Patently-O Bits and Bytes No. 11
  20. Corporate Director Liability for Inducement: Must have Specific Intent to Aid and Abet the Infringement
  21. Court Refuses to Pierce Plutus/Orion/Taurus/Spangenberg Corporate Veil Without Better Evidence
  22. Signal Claims Are Not Patentable: Nuijten Stands — Rehearing Denied
  23. PharmaStem Appeals Stem Cell Patent: Asks for Greater Deference to Patent Examiners
  24. Egyptian Goddess v. Swisa (en banc 2008)
  25. Tafas v. Dudas: Summary Judgment Hearing February 8, 2008
  26. Patent Litigation Statistics for January 2008
  27. Tafas v. Dudas: Under Advisement
  28. Tafas v. Dudas: Challenging PTO Rules Potential Feburary 8th Decision
  29. Patently-O Bits and Bytes No. 10
  30. Claimed “Insert” Limitation Creates Product by Process
  31. Monsanto’s Roundup Ready GMO Patents Convincingly Upheld on Appeal (Again)
  32. Don’t forget to vote
  33. CIAS Challenges Federal Circuit’s Interpretation of Prosecution History
  34. CAFC Holds Hard Line Against Mandamus Actions
  35. PubPat: Proposed Post-Grant Review Cuts-Out Public Interest
  36. Patently-O Bits and Bytes No. 9
  37. CAFC Continues to Expand Doctrine of Full Scope Enablement
  38. Northern District of California’s New Patent Rules
  39. Time to Toss the General Dictionary?

January 2008

  1. TiVo Wins on Appeal: Permanent Injunction against EchoStar to be Reinstated
  2. CAFC Allows Lost Profit Damages Based on Defendant’s “Offer to Sell” Infringing Product
  3. The Unethical Practice of Patenting Life
  4. Patently-O Bits and Bytes No. 8
  5. Claim Interpretation Should Include Disclosed Embodiments
  6. Patent Refom: Unsettling Rights
  7. Patently-O Bits and Bytes No. 7
  8. Bt-Corn Patent Unenforceable Due to Failure to Submit Internal Employee Notes
  9. Patently-O Bits and Bytes No. 6.
  10. IEEE Standards: FTC Finds Patent Enforcement “Unfair Competition” Based on Patentee’s Prior Offers to License
  11. Patently-O Bits and Bytes No. 5
  12. Non-Resident Filings as a Percentage of Total Filings by Office
  13. Patently-O Bits and Bytes No. 4
  14. Innogenetics: Forward Looking Damages Approved
  15. Design Patents: Claim Construction Rules Lead to Summary Judgment of Non-Infringement
  16. Appealing the Kitchen Sink
  17. Patent Reform and the Ethos of the American Inventor
  18. Quanta v. LG: Will the Supreme Court Clarify the Exhaustion Doctrine?
  19. Patently-O Bits and Bytes No. 3
  20. Revisiting Foreign Infringing Activity
  21. Federal Circuit Residency Requirements
  22. Claim Construction: CAFC Cautions Co-Interpretation of System and Method Elements.
  23. Patently-O Bits and Bytes No. 2
  24. Inequitable Conduct: Backdating in Patent Law
  25. Patently-O Bits and Bytes
  26. Top Thirty Patent Law Programs (Ranked by Patently-O Hits!)
  27. The Telephone Gambit: Chasing Alexander Graham Bell’s Secret
  28. Paper Posted to Non-Indexed FTP Site Not 102(b) Prior Art
  29. Out of the Office
  30. Remembering Mark Banner
  31. Wegner’s Top Ten for 2008

2007 398

December 2007

  1. Design Patents: No longer the Province of Individual Inventors
  2. Computer Based Patent Bar Exam Statistics
  3. Design Patents: Controlling Pendency
  4. Counting Design Patents
  5. Rising Claim Counts
  6. Does Size Matter? Counting Words in Patent Specifications
  7. When is an Electronic Document a Printed Publication for Prior Art Purposes?
  8. Continued Vitiation of The Doctrine of Equivalents
  9. MercExchange v. eBay: Injunction Denied Again
  10. Appeals from the ITC
  11. Technologies most affected by the new IDS rule changes
  12. Summer Associate: Diversity in Patent Law Fellowship
  13. CAFC Reverses Injunction Against Contributory Infringer as Overbroad
  14. CAFC to Decide Important Revival Case: Aristocrat v. IGT
  15. IDS Rules Moving Forward
  16. Hot Potato: Revival Petition Must Convince Court
  17. Case Dismissed: DC Court Dismisses Case against Deputy Director Peterlin
  18. Design Patent Claim Construction
  19. Patently-O TidBits
  20. Patent Litigation Trends: Survey Results
  21. CAFC: Even with Deference, PTO Misinterprets its Own Rules
  22. Finisar v. DirecTV: Compulsory Patent Licensing
  23. Patently-O TidBits

November 2007

  1. Mitt Romney on Patents (And More from Barack Obama)
  2. Prosecution Disclaimer: Must be Clear and Unambiguous
  3. Intellectual Asset Management (IAM) magazine
  4. ABA Journal: Blawg 100
  5. Egyptian Goddess Questions Presented
  6. Patently-O Tidbits
  7. Briefs: Quanta v. LGE
  8. Why Design Patents Need Not Satisfy 35 U.S.C. § 101?
  9. An Ugly Stepsister: CAFC Accepts En Banc Design Patent Case
  10. CAFC: Operability of 102(g) prior invention
  11. Ten Ways to Spend Your Bonus: Holiday Gifts for a Patent Attorney
  12. Reestablishing the Doctrine of Patent Exhaustion
  13. Reestablishing the Doctrine of Patent Exhaustion
  14. Patent Rights Circa 1895
  15. The PTO’s New Prosecution Sanctions for Appeal Misconduct
  16. Ordinary Perjury Does Not Constitute “Fraud on the Court” Sufficient to Reopen Patent Litigation
  17. Mercantilism and Innovation
  18. Tafas v. Dudas: Discovery and Scheduling
  19. Barack Obama’s Patent Reform Initiatives
  20. Tax Strategy Patents
  21. No Appellate Jurisdiction Over Remanded Inventorship Dispute
  22. Patent Law News
  23. CAFC Reaffirms that Doctrine of Equivalents Applies to Ranges
  24. PTO Publishes Comments on Proposed BPAI Rules
  25. Patent Family Tree: Grandparent Invalidates Grandchild
  26. Ferguson Challenges PTO’s Hardened Line on Business Method Patents
  27. ITC Section 337 Case Requires Showing That Imports Threaten US Market for Articles Protected by Asserted Patent
  28. Patent Law News
  29. The GSK Case: An Administrative Perspective
  30. The GSK Case: An Administrative Perspective
  31. PTO Rule Challenge
  32. The Waning of the Eastern District of Texas (as a Patent Venue)
  33. Recent Patently-O Posts
  34. Failure to Conduct Pre-Suit Investigation of Title Does Not Create Exceptional Case
  35. CAFC Finds Washington DC Drug Price Law to be Unconstitutional

October 2007

  1. Court Blocks PTO Rules on Eve of Effective Date; All Four Equitable Relief Factors Suggest Injunction
  2. PTO Continuation and Claim Rules Temporarily Blocked by District Court
  3. Preliminary Injunction Order
  4. Patent Prosecution Notes
  5. Happy Halloween — A Working Holiday for US Patent Attorneys
  6. Materials from Tafas/GSK v. Dudas: Challenging the PTO’s new Rules
  7. Translogic Challenges (1) the Constitutionality of BPAI Decisions and (2) CAFC’s Retroactive Application of a PTO Proceeding to a Jury Verdict
  8. Emergency Motions at the CAFC
  9. Patent Reform in the Senate
  10. Patent Prosecutors: Don’t Wait for the Witching Hour
  11. Sources of Prior Art
  12. 35 USC 120
  13. Bayh-Dole Act is Not a “Patent Law” Sufficient to Create CAFC Jurisdiction
  14. Enablement: Claimed “surfactant” not enabled by three working examples
  15. USPTO Continuation and Claim Rules: AIPLA Request Injunction to Halt New Rules
  16. CAFC Continues to Support Strong State Immunity from Patent Infringement
  17. Patently-O Housekeeping & TidBits
  18. Personal Jurisdiction: Patent Plaintiff must Link Accused Product with Accused Defendant
  19. Prepare for the new IDS rules.
  20. CAFC Approves Compulsory License (but calls it an “ongoing royalty”)
  21. USPTO Begins Examining Applications Once Again
  22. Supreme Court Study: Conservatives Support IP Rights; Liberals Do Not ?
  23. Patent Licensee holding Exclusive Rights to a Field of Use Does Not Have Standing
  24. Patent Office Has Stopped Examining Patents with 25+ Claims
  25. Patent Malpractice a Federal Issue
  26. Patent Law Jobs
  27. Ethical Duties to Comply with the New Rules
  28. ‘Comprised of’ is an open-ended transition
  29. KSR’ s Phosita Creativity Applies to Indefiniteness
  30. GlaxoSmithKline vs. Dudas: An Attempt to Stop Implemention of PTO Prosecution Rules
  31. Patent Politics
  32. Appellate Standing Does Not Require Patentee
  33. Contempt Proceedings Against Apotex for Filing Second Depakote ANDA
  34. Patently-O Tidbits
  35. Important Unenforceability Case – CAFC Affirms Multiple Counts of Misconduct
  36. The difficulty of obtaining a patent — circa 1850
  37. CAFC: No Sua Sponte Summary Judgment; No Baseless Suit Without Claim Construction
  38. A Tangled Web of Patent Rights
  39. Peer-to-Patent Calls for Independent Inventor Participation
  40. Rule Changes Triage: Dealing with already pending claims prior to November 1
  41. CAFC: Director Cannot Issue Interim Term Extensions Pending Appeal of Extension Denial
  42. Patently-O Tidbits
  43. Claimed ‘plant cell’ must enable monocots and dicots; CAFC affirms noninfringement and invalidity of Monsanto GM corn patents
  44. Short Article Request: Short-term Reaction to PTO Rule Changes
  45. Ever since bodo
  46. New Patent Fees
  47. Emergency Injunction Denied
  48. Consideration of Delayed Injunctive Relief Demanded by CAFC
  49. Patent Assignment: “obligation to assign” treated differently than concurrent assignment
  50. Stay Pending Appeal: Strong Likelihood of Success on Appeal Wins Stay

September 2007

  1. Most Litigated Patents 2005-2007
  2. PTO Claim Construction: “Flexible Foam” Is Not “Rigid Foam That Is Flexible When Crushed”
  3. Peter Detkin on the New Patent Market
  4. Ford Design Patents Block Import of Repair Parts – Infringers Call for Patent Reform
  5. DC Court Rejects PTO’s Novel Theory of Double Patenting
  6. Continued Patent Trouble for Vonage
  7. Need for Patent Reform?
  8. Let me Repeat: Means-Plus-Function Element Found Indefinite Without Corresponding Structure
  9. Invalidation: Corroborating Evidence Required, Invalidity Judged by Totality of the Evidence
  10. Warner Lambert’s Neurontin Patent May Be Infringed
  11. Threatening Letters to Infringer’s Clients Are Not Actionable Unless “Objectively Baseless” (Although They Will Create DJ Jurisdiction)
  12. Ineligible Subject Matter: 35 USC 101 Finds its Teeth (Biting into Nonobviousness)
  13. CAFC Denies Joint Infringement Claim and Maps Out Infringement Avoidance Schemes
  14. How not to divide patent rights during bankruptcy
  15. IP Hall of Fame 2007
  16. Patently-O Housekeeping
  17. $156 Million Verdict for Patentee
  18. How long does a BPAI appeal take?
  19. Patently-O Tidbits
  20. Minimal Patent Infringement Complaint
  21. Design Patents: Corporate Parts Buyer as Ordinary Observer
  22. Inducement Requires Proof of Underlying Direct Infringement
  23. IPWatchDog.com For Sale
  24. Invention Obvious in Part Because Inventors Were Experts
  25. Examiner’s Oral Promise Does Not Bind PTO
  26. KSR Extended to Obviate Component Purified from Known Mixture
  27. Gillespie v. DWIDAG: Prosecution Arguments Limit Claim Scope
  28. Patent Reform 2007: House of Representatives Passes H.1908
  29. Patently-O TidBits
  30. Extending Liebel-Flarsheim: “distinctly different” embodiment of claim elements must be enabled
  31. Legislative Patent Reform in the News
  32. Video Explaining the Need for Patent Reform…
  33. Injunction against “any products” that infringe is overbroad; Injunction against potential future contributory infringer is not overbroad
  34. Appellate Panel Upholds Forest’s Lexapro Patent
  35. Patent Reform News
  36. Damages: Contentious History Between Parties Justifies High Royalty Rate
  37. Starting Salaries for Class of 2006 Law School
  38. Patent Reform News Update
  39. Design Patent Litigation
  40. Protection for Fashion
  41. The Chainsaw Caddie
  42. Enjoy the Labor Day Vacation

August 2007

  1. IPO on Patent Reform: Congressional Reform is Moving Forward
  2. Upcoming Events
  3. Congressional Patent Reform is Dead; Long Live Administrative Patent Reform
  4. The Roots of Patent Policy: Rethinking Early English Patent Policy
  5. Design Patents: Novelty Requires “Non-Trivial Advance Over The Prior Art”
  6. http://patnetlyo.com – Typosquatter
  7. Internet Gamer Loses Millions in Default Patent Judgment
  8. BPAI Must Consider Evidence Rebutting Obviousness
  9. Prosecution Disclaimer Narrows SOME of the claims
  10. Patently-O TidBits
  11. McFarling Petitions Supreme Court to Hear RoundUp Ready Patent Case
  12. Patents with More Than 25 Claims
  13. Live comments on PTO Presentation on Continuation Changes
  14. Dr. Tafas Files Declaratory Judgment Action to Block Implementation of Continuation Rules
  15. Seagate II
  16. In Reexamination, PTO is Not Bound by District Court Claim Construction
  17. Around the Horn: Continuation Rule Changes
  18. USPTO Webcast on New Claims and Continuation Rules
  19. Final Rule: Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications
  20. In re Seagate Technology:
  21. Continuation Rules to Issue August 21
  22. 2007 Patent Litigation: Timing the Transition from Patent Issuance to Patent Litigation
  23. Patent Public Advisory Committee (PPAC)
  24. Patent Plaintiffs Continue to Push for Expanded notion of Joint Infringement.
  25. Unavoidable Delay: Ignorance as an Excuse?
  26. DC is Improper Venue for Appeal of PTO Petition by Foreign Patentee
  27. CAFC: Patent Attorney Has No Right to Defend Himself Against Charges of Inequitable Conduct
  28. Overall, has your company made money from the patent system?
  29. Priority to Foreign Application Requires “Inventor’s Knowledge or Consent” at the Time the Foreign Application was Filed
  30. Survey: Is the patent system beneficial for your company or clients?
  31. Law Job Map:
  32. V-Chip Declaratory Judgment Patent Case Reinstated by CAFC
  33. Summary Judgment of Non-Infringement: Downward Force Upward Force
  34. Ernie L. Brooks 1942-2007
  35. Sarnoff: Granting Patents Immunity from Market Regulation is Neither Warranted Nor Sensible
  36. BIO v. DC and the New Need to Eliminate Federal Patent Law Preemption of State and Local Price and Product Regulation
  37. Reasonable Pertinence may be Sufficient to Combine References in Obviousness Rejection
  38. CAFC Finds Washington DC Drug Price Law to be Unconstitutional
  39. Rules of Federal Procedure: Timing of an Answer to an Amended Complaint

July 2007

  1. MercExchange v. eBay: Injunction Denied
  2. Patently-O TidBits
  3. New Rules for Patent Appeal Board (BPAI)
  4. Integra v. Merck: Research Tools Exemption Still Undecided
  5. No Revival For “Unintentional” Missed National Stage Filing Date (Delay Must Be Unavoidable)
  6. Hiring a Patent Attorney?
  7. Patent Continuation Changes: “No earlier than October 1, 2007”
  8. When are CAFC Opinions Released?
  9. Patently-O TidBits
  10. Patented Method of Arbitration :
  11. Are Administrative Patent Judges Unconstitutional?
  12. Are Administrative Patent Judges Unconstitutional?
  13. In re metoprolo
  14. Declaratory Judgment Jurisdiction Denied in Biotech Research Patent Case
  15. Patent Reform 2007
  16. BPAI Pecedential: Obviousness of a Combination
  17. Patent Reform: Required Pre-Filing Search and Patentability Analysis
  18. Exam Question: Prior User Rights?
  19. Ex Parte Kubin: Overcoming the Deuel
  20. 35 U.S.C. 101: Patentable Subject Matter
  21. Do Patents Discourage Innovation?
  22. Reasons for Allowance Do Matter
  23. Patently-O TidBits
  24. Continuation Changes: Where we stand and What to Do
  25. Best Book for Learning Patent Law Practice?
  26. OMB approves proposed changes to continuation practice.
  27. CAFC: Proving Utility Is Not Inventive
  28. CAFC Patent Appeal Statistics
  29. Further Limitations on Doctrine of Equivalents: Equivalent Foreseeable if Disclosed in Relevant Art
  30. 4th of July Predictions
  31. CAFC: General Purpose Computer Does Not Include RISC Processor
  32. Patent Law Jobs by Patently-O
  33. Honeywell as Lexicographer: Heading Defined as Bearing
  34. Chemical Cases: Prima Facie Obviousness Requires “some Reason” for Modification
  35. Written Description: CAFC Finds Prima Facie Rejection

June 2007

  1. Book Review: Undue Diligence
  2. Premier Cru: CAFC State of the Court
  3. Broadened Continuation Receives Broad Construction; Enablement Questioned
  4. Justice Breyer on Free Riding
  5. CAFC: “Near the Edge” Not Indefinite; Curing Inequitable Conduct
  6. Injunctive Relief: Splitting the baby?
  7. Nonpracticing Entity (CSIRO) Gets Injunction
  8. Stay Pending Appeal: Denied for Qualcomm at ITC
  9. Patently-O TidBits
  10. A Dangerous Prosecution Trap
  11. Individual Inventors: Who Will Represent You Now?
  12. New Patent Blogs
  13. Patent Reform: Changes to Continuation and Claiming Practice
  14. Procedure: Expert Testimony Deserves Weight on Summary Judgment
  15. Means-Plus-Function Element Found Indefinite Without Corresponding Structure
  16. Biaxin Litigation: Sandoz’ Motion for Stay Pending Appeal Denied by District Court
  17. Peer-to-Patent: Live
  18. No Appellate Jurisdiction For Appeal of Preliminary Injunction Contempt Order
  19. Patently-O TidBits
  20. MercExchange v. eBay: Injunction Hearing
  21. Tribunal Theory
  22. Testing of System Aboard Commercial Aircraft Not a Barred Public Use
  23. Patently-O Comment Wars

May 2007

  1. Steinbeck on Patent Attorneys
  2. Book Review: The Book of Air and Shadows
  3. Monsanto v. McFarling: CAFC Affirms “Reasonable Royalty” of 140% of Purchase Price
  4. Forgent v. EchoStar: Jury Instruction on Obviousness
  5. DOE Requires Expert Evidence / NDA Still Good After Expiry
  6. No Trademark Protection for ASPIRINA — Too Close to Generic Aspirin
  7. Patent Reform 2007: Apportionment of Damages
  8. More Patently-O TidBits
  9. What a Mess: Inequitable Conduct Based on Failure to Submit
  10. Patently-O TidBits on Patent Reform
  11. In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal
  12. Poking a Small Hole in Your Settlement Agreement: Successors
  13. Interference: Junior Party’s "Appreciation" Requirement Limited to Subject Matter of Invention
  14. In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal
  15. BPAI May Not Substitute its Engineering Expertise for Hard Evidence (In an Interference)
  16. Microsoft: FOSS Infringes Our Patents
  17. The Nuts and Bolts of Federal Circuit Practice
  18. Continuations Rules: Not too bad?
  19. Patent Reform 2007
  20. CAFC Applies KSR: Affirms Obviousness
  21. Commerce Secretary Gutierrez Appoints Margaret Peterlin as PTO Deputy Director
  22. In Depth Articles Discussing Relevant Patent Law Issues
  23. Thank you MBHB, Hello Missouri!
  24. CAFC Affirms Disqualification of Defendant’s Attorneys
  25. Watch-Out!: Bleed-through Claim Construction and Argument Estoppel
  26. Patently-O TidBits
  27. Book Review: Fundamentals of Claim Drafting
  28. USPTO Issues Preliminary Obviousness Examination Instructions
  29. Impact of KSR v. Teleflex on Pharmaceutical Industry
  30. KSR and the F-Words
  31. Patently Funny
  32. KSR v. Teleflex: A Tale Full of Sound and Fury, Signifying Little?
  33. Senate Considers Reforms to Importation Rules
  34. Microsoft v. AT&T: Extraterritorial Enforcement of US Patents

April 2007

  1. Sarnoff Discusses KSR v. Teleflex
  2. 2007 Patent Reform: Proposed Amendments on Damages
  3. Continuation and Claim Limitation Rules Submitted for Final Review: Final Publication in Early July
  4. Wegner on Patent Reform
  5. Patently-O TidBits
  6. First-to-File or Where to Place the Incentives?
  7. Patent No. 7,018,407: Filed in 1981, Expires in 2026?
  8. CAFC Stays Permanent Injunction against Vonage Pending Appeal
  9. Omeprazole Manufacturing Patent: 2-1 Inherent Anticipation
  10. Patent Reform Act of 2007: Preliminary Notes and Comment Part I
  11. CAFC: Claim Differentiation Again
  12. IP Hall of Fame
  13. Patent Reform Act of 2007
  14. Patent Reform Act of 2007
  15. Pay the Taxman: The Patent Tax
  16. Antitrust Enforcement and Intellectual Property Rights: FTC/DOJ Joint Report
  17. Ocean Tomo’s IP Exchange (IPX)
  18. Patent Exhaustion at the Supreme Court
  19. Humerus Claim Construction: Plain Meaning Redux
  20. Verizon v. Vonage
  21. USPTO Continuation Practice Rules
  22. Famous Domain: Patents.Com is On-Sale
  23. Pin-Citing Prior Art
  24. Prosecution History Leads to Limiting Preamble
  25. Happy Birthday Patently-O
  26. CAFC Calls Meeting to Discuss Litigating Against the Government
  27. Claim Differentiation
  28. Pro Se Applicant: Reinstatement Denied
  29. The Least Restrictive Claim
  30. CAFC Voids Certificate of Correction
  31. Patent Venue and Jurisdiction: Why E.D. Texas?
  32. PTO: Second Pair of Eyes and Quality Review
  33. April TidBits

March 2007

  1. Patent Reform: Damage Apportionment
  2. Teva v. Novartis: Generic Declaratory Judgment Actions
  3. Terminal Disclaimer Does Not Negate Hatch-Waxman Term Extension
  4. USPTO Public Pair: Static URLs Please
  5. CAFC Expands Scope of Declaratory Judgment Jurisdiction
  6. Patently-O TidBits
  7. Routine Experimentation -> Obvious
  8. The New Law of Enablement
  9. Patently-O via BlackBerry
  10. Pull My Finger Fred
  11. False Declarations: The Chosen Instrument of an Intentional Scheme to Deceive the PTO
  12. Doctrine of Equivalents: Festo Exceptions Narrow
  13. Declaratory Judgment: MedImmune Opens Doors
  14. Supreme Court: Pharmaceutical Reverse Payments May be Considered by Supreme Court
  15. Patent Prosecution: Accelerated Examination
  16. Divided Infringement
  17. In re Seagate: Scope of Opinion Waiver
  18. Patently-O TidBits
  19. Copyright Query
  20. Franklin Pierce IP Summer Institute
  21. "Error of Judgment" Not Correctable Through Reissue
  22. BPAI Appeal Statistics
  23. Patently-O Tidbits
  24. Philips Infringement Case Stayed Until ITC Appeals Exhausted
  25. Rumors Continuations & Claims

February 2007

  1. Patent Attorneys: Ethics of Representing Out-of-State Clients
  2. Plaintiffs: Get Expert Testimony Before Summary Judgment
  3. Community Review: Volunteers?
  4. Monday fun: One More for the Hopper
  5. Monday Fun: Warp-Drive and Branding-Energy
  6. Recapture: Disclaimer in Parent Must be Rescinded in Continuation
  7. Prosecution Data: Continuations
  8. Why Does Microsoft Want Weaker Patents?
  9. Microsoft v. AT&T Oral Arguments:
  10. Recent Business Method Patentable Subject Matter Rejections
  11. Are Patents Property: Zoltek v. US
  12. Government Contract Infringement Must Be Pursued in Federal Claims Court
  13. CAFC Denies Challenge to Patent Ownership
  14. Enhanced Damages: No ‘Prevailing Party’ after Rule 41(a) Voluntary Dismissal
  15. Microsoft v. AT&T: Unlicensed Export of Patented Software
  16. Patent Reform: Tax Shelter Patents
  17. How Long Do I Wait for a First Office Action
  18. Prosecution Data: US Priority Date to Issuance
  19. BPAI ‘Informative’ Opinion on Business Method Patents
  20. Patent Reform is in the Air
  21. Prosecution Data
  22. Cargill v. Canbra: Extensive Prosecution Increases Likelihood of Inequitable Conduct
  23. Love Means Business at the PTO
  24. District Court Patent Pilot moves Forward
  25. Gene Patenting; or Patenting Life
  26. Shield vs. Sword: CAFC Finds Inequitable Conduct But Not Antitrust Fraud
  27. USPTO Allowance Rate:
  28. Claim Transitions: "Comprising The Steps Of"
  29. Signals Per Se; Nuijten; Textualism; and Floodgates
  30. Deposition Do’s and Don’ts: The Patent Interference Bar Is Warned
  31. Peer-to-Patent Expected To Launch in April 2007
  32. Patentable Subject Matter: Professor Hricik Discusses Duffy’s Textualism
  33. Microsoft v. AT&T: Transnational patent Law
  34. Divided Congress Finds Common Ground in Patent Reform
  35. In re Nuijten: Patentable Subject Matter, Textualism and the Supreme Court
  36. One for Slashdot
  37. Voda v. Cordis: Plaintiff May Not Assert Foreign Patents in US Courts
  38. Patent Law Tidbits

January 2007

  1. Threats Against Customers Lead to Walker Process Antitrust Claim
  2. CAFC: “Circuit means” interpreted as means-plus-function
  3. CAFC: Construction of Essential Features and Impermissible Recapture
  4. Patent Litigation Blocked By Co-Owner’s Refusal to Participate
  5. Wegner: Escaping the Depths of the Patent Shadows
  6. En Banc Panel to Determine Scope of Opinion Waiver
  7. Only Appeal After Counterclaims are Dismissed
  8. Upcoming Events:
  9. CAFC: Prior suit against manufacturer precluded later suit against end users
  10. CAFC: Electronic Filing of Briefs
  11. 11th Amendment Immunity Waived by Requesting an Interference Proceeding
  12. Follow-on to Professor Merges: High-Tech Calls For Reform
  13. CAFC: Meaning of “About”
  14. Patent Searching
  15. Collateral Estoppel Does Not Extend to Preliminary Injunction Findings
  16. Patently-O Tidbits
  17. ITC: Standing to Appeal
  18. CAFC Outlines Difference Between Vacating and Reversing
  19. Why Microsoft Wants Patent Reform
  20. “Right-to-Sue” Clause Does Not Give Licensee a Right to Sue
  21. Zyprexa Patent Upheld on Appeal

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