The Curious Engineer

Patently-O

2010–2012

1,442 posts

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2012 516

December 2012

  1. Happy New Year!
  2. Carnegie Mellon v. Marvell: Another $1b verdict.
  3. Technical Amendment H.R. 6621
  4. EFF: Limit Software Patents
  5. Expediting Prosecution: Comparing Track 1 Prioritized Examination, Accelerated Examination, the Patent Prosecution Highway, and Petitions to Make Special Based on Age
  6. Countdown to March 16, 2013
  7. Patents Issued Per Year
  8. Try Patently-O Via E-Mail
  9. Recent Design Patent Litigation
  10. Patent Law Treaties Implementation Act of 2012 becomes Law
  11. BPAI Backlog and its Hopeful Trajectory
  12. In re Rosuvastatin Calcium Patent Litigation
  13. Moving forward with a small claims patent court
  14. Something can be both Funny and Improperly Scandalous, even a Federal Circuit Opinion
  15. H.R. 6621 has passed in the House
  16. CLS Bank v. Alice Corp: Software Patentability On the Briefs
  17. H.R. 6621 Hits a Temporary Snag
  18. CAFC Obviousness Decision Trends and KSR
  19. BPAI/PTAB Obviousness Decision Trends
  20. Apple v. Samsung: Court Denies Permanent Injunction and Allows Samsung to Continue Selling Infringing Devices
  21. Patenting Software: Obama Administration Argues “Sometimes”
  22. AIA Technical Amendment (H.R. 6621) Moving Forward
  23. Smith on Design Patents
  24. Judicial Network of the Patent Trial and Appeals Board (PTAB)
  25. Structuring a Privateering Contract
  26. USPTO Financial Tidbits
  27. Federal Circuit Rejects Due Process Challenge to AIA on False Marking Retroactivity
  28. Coming Soon: A European Unified Patent Court (UPC) and Unified Patents
  29. Mark-Up and Commentary on the Patent Law Treaties Implementation Act of 2012
  30. Patents for Humanity
  31. Two events on Monday, December 10.
  32. Reissue Cannot Be Used to Remove Terminal Disclaimer
  33. By dennis crouch ftc v watson pharmaceuticals 12 416 scotus 2012 the supreme court has granted certiorari in the pharmace
  34. Maintaining Uncertainty in the Standard of Review for Exceptional Cases
  35. Patenting Animals Produced through Selective Breeding
  36. Suing the USPTO for Issuing Bad Patents
  37. Request for Comments on Request for Continued Examination (RCE) Practice
  38. Patent Application Outcomes: Rising Allowances and Falling Abandonments
  39. Guest Post:Claim Construction Catch-22: Why the Supreme Court Should Grant Certiorari in Retractable Technologies
  40. The Fox Group v. Cree: Expanding Section 102(g) Prior Art
  41. Patent Law Treaties Implementation Act of 2012
  42. Rader: Reviving the Doctrine of Equivalents
  43. Solicitor General to the Supreme Court: Deny Cert. in Retractable Technologies
  44. I can now say with almost complete confidence that the uspto will grant over 250000 utility patents in calendar year 2012 t
  45. Patent Exhaustion for GM Seeds
  46. H.R. 6621: Proposed Modifications to the America Invents Act of 2011
  47. Myriad at SCOTUS: Early Reaction
  48. Patents Encompassing a Human Organism
  49. Can the 271(e)(1) Safe Harbor Help DuPont Escape its $1 Billion Verdict?

November 2012

  1. Supreme Court has Granted Cert in the Myriad Case, Question: Are Human Genes Patentable
  2. Update on Supplemental Examination
  3. Patent Prosecutors Licensing of Copyrights for Prior Art Submissions
  4. Top 100 Law Blogs and the Law Blog Hall of Fame
  5. Patent Term Adjustment
  6. Patent Term Adjustment
  7. Patent Term Adjustment
  8. Federal-circuit-ism: Defining the relationship between the Federal Circuit and its Regional Sister Courts
  9. Colbert on the First Sale Doctrine
  10. USPTO Director Kappos will Leave in January 2013
  11. Provisional Patent Applications as a Flash in the Pan: Many are Filed and Many are Abandoned
  12. Director Kappos’s Speech on Software Patents, the PTO, and Innovation
  13. Guest Post: Territorial Thinking Misguides on International Exhaustion Doctrine
  14. American Thanksgiving
  15. Unenforceability
  16. Ritz Camera v. SanDisk: Expansion of Standing for Walker Process claims
  17. Guest Post: The RCE Cliff
  18. Transocean v. Maersk, Part II: Secondary Indicia of Nonobviousness Outweigh Prima Facie Case of Obviousness
  19. Supplemental Examination: Looking at the First Supplemental Examination Request
  20. Director of the Silicon Valley United States Patent & Trademark Office
  21. Zoltek v. United States: Patents, the Federal Government, and 271(g)
  22. Patent Issues in the 2012 Lame Duck Session of Congress
  23. Peace Corps Fellowship for Law School at the University of Missouri
  24. Recent Patently-O Posts
  25. Can you Wait 20-Years to Challenge Inventorship?: In this case, Yes
  26. Patently-O Bits & Bytes by Lawrence Higgins
  27. Patently-O Bits & Bytes by Lawrence Higgins
  28. Patently-O Bits & Bytes by Lawrence Higgins
  29. Linking Pigs and Humans through the Enablement Doctrine
  30. Patent Stats for FY 2012
  31. The Baby Boom of Patent Practitioners
  32. Stoll: Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint
  33. Stoll: Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint
  34. Are you a Patent Attorney Masquerading as a Patent Agent?
  35. Reviving Abandoned Applications
  36. Impact of Exelixis on Patent Term
  37. Where Patent Attorneys Work: Big In House
  38. Canadian Supreme Court Voids Pfizer’s Viagra Patent – Focusing Disclosure Requirement on the Patent as a Whole
  39. By dennis crouch samsung v apple 2012 ewca civ 1430 the concluding line of sir robin jacobs opinion reads as follows i
  40. Accelerated Examination
  41. Recent Patently-O Posts
  42. Overkill of the Best Mode
  43. Summary of Oral Argument in Already, LLC d/b/a Yums v. Nike, Inc.
  44. Exelixis v. Kappos: Court Finds PTO is Still Undercalculating Patent Term Adjustments
  45. Best line from todays supreme court oral arguments in already v nike mr dabney your honor in the real world a business
  46. Timing of the First Office Action on the Merits
  47. Map of US Patent Practitioner Locations
  48. Moving Away from Beauty as a Factor in Design Patent Validity
  49. Pending Patent Applications: Delays in Prosecution and Patent Term Adjustments
  50. IP Rights Won’t Stop the Election: Federal Circuit Rules that Florida Voting Machines do not Infringe Patentee’s Exclusive Rights
  51. A Rush to File Ex Parte Reexaminations and Now a Lull
  52. Reviewing Inter Partes Review: After Six Weeks

October 2012

  1. Age of Patents when Asserted
  2. Supreme Court on Patent Law 2013
  3. Mossoff and Epstein on Patent Rights
  4. Duty to Use Your Property and Your Patents
  5. Kirtsaeng v. John Wiley Oral Arguments
  6. International Copyright Exhaustion: Supreme Court to Decide Whether Copyright Holders Can Block Imports
  7. Good Things Come in Threes? DOJ, FTC and EC Officials Wax Eloquent About FRAND
  8. Should a patentee with market power be allowed to charge monopoly prices?: March-In Rights and the NIH
  9. New Book: Law of Superheroes
  10. Top-25 Design Patent Recipients from the Past Year
  11. Apple Patents an Encircled Musical Note
  12. Should we Move Toward More Fee Shifting in Patent Cases?
  13. Reviewing PTO Claim Construction: Calls for De Novo Review of Proper Standard
  14. Citing References at the PTO
  15. Questions on AskPatent:
  16. Two recent 101 Cases at the PTAB
  17. Patent Pro Bono
  18. En Banc Question: Who Proves (Non)Infringement When Licensee Challenges Patent
  19. PTAB Backlog: Over the Hump!
  20. Patently-O Bits and Bytes
  21. USPTO Reopens the First-Inventor-to-File Comment Period
  22. Technology Patents LLC. v. T-Mobile (UK) Ltd.
  23. UK Appellate Court Confirms Pan-European Win for Samsung on iPad Community Design Charges
  24. Design Patent Damages: When is proof of copying required for profit disgorgement?
  25. IP in the US Presidential Debates
  26. Guest Post: New USPTO Proposed Ethics Rules, Part I
  27. Apple v. Samsung: Adding Elements to Avoid Infringement
  28. Conference: AIA Survival Guide
  29. LegalZoom Query
  30. THOSITA: Obvious to a Team Having Ordinary Skill in the Art
  31. Federal Circuit Rejects Galaxy Nexus Preliminary Injunction Finding No Irreparable Harm Despite a Market Shift in Samsung’s Favor.
  32. Software Patents: 50 Years of Circuitous Artifices
  33. Did the AIA Eliminate Secret Prior Art?
  34. Making Software Patents Transparent and Understandable: Begin by Determining Whether Software is Patentable
  35. Federal Circuit To Announce Whether Software is Patentable?: En Banc Rehearing on Section 101 Issues
  36. The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
  37. Supreme Court Questions Whether Patent Law Malpractice Claims “Arise Under” the US Patent Laws (And Thus Are Amenable to Federal Jurisdiction).
  38. Self Replicating (and Alive) Inventions: Supreme Court Grants Certiorari in Monsanto v. Bowman
  39. The Revival of Parker v. Flook
  40. With 102(f) Eliminated, Is Inventorship Now Codified in 35 U.S.C. 101? Maybe, but not Restrictions on Patenting Obvious Variants of Derived Information.
  41. The Patent Song (Musically Calling for More Reform)
  42. Is the New Supplemental Examination a Complete Replacement for Owner Initiated Ex Parte Reexamination?
  43. The GAIN Act Stacks 5-Years of Market Exclusivity for Antibiotics
  44. The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
  45. The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
  46. The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
  47. Inter Partes Reexaminations: USPTO Can Only Consider References from the Request that Were Found to Raise a Substantial Question of Patentability
  48. Trans-Border Active Patent Inducement under Akamai

September 2012

  1. US Courts Reject German Injunction Order in Microsoft v. Google Patent Battle
  2. Patently-O Bits & Bytes by Lawrence Higgins
  3. Practice Note on US/EPO Patent Family Prosecution
  4. Appellate Review of Patent Claim Construction: The Reality and Wisdom of a “Mongrel” Standard
  5. Bits and Bytes
  6. Patent Maintenance Fees
  7. Outside the Box Innovations v. Travel Caddy
  8. Federal Circuit Again Denies Declaratory Judgment Jurisdiction: DJ Plaintiff Must Provide Evidence of Real and Immediate Conflict
  9. USPTO Funding Secured Through March 2013
  10. Intellectual Ventures
  11. Kappos: PTAB Has Authority to Challenge Section 101 issues
  12. Prof Sprigman Discusses his Knockoff Economy Book
  13. Droge: Appealing Board Decisions (And Losing)
  14. Flower-Power
  15. Guest Post: The Problematic Origins of Nationwide Patent Venue.
  16. Good-Standing Licensee Must Prove Non-Infringement in DJ Action
  17. USPTO Press Release on Preissuance Submissions
  18. A Rush to File at the End of Inter Partes Reexaminations
  19. A Rush to File at the End of Inter Partes Reexaminations
  20. A Rush to File at the End of Inter Partes Reexaminations
  21. Listen to Lawyer-2-Lawyer on AIA Implementation
  22. Access to Courts: Federal Circuit Issues Preliminary Rejection of Judge Koh’s Stance on Open Access to Trial Documents
  23. Ex Parte Patent Appeal Results
  24. Harvard’s US OncoMouse Patents are All Expired (For the Time Being)
  25. Alleged Copyright Infringement by Patent Prosecutors
  26. Entire Market Value vs. Entire Market Base
  27. MPEP.USPTO.GOV
  28. Who Decides Obviousness: Judge or Jury?
  29. Supplemental Examination: Inequitable Conduct Amnesty and Beyond
  30. Drew Curtis: How I beat a patent troll
  31. Pending Appeals Not Impacted by BPAI->PTAB Transformation
  32. Pre-Issuance Submissions
  33. P-T-A-B: Patent Trial and Appeal Board
  34. The America Invents Act: One Year Later (Pt. 5)
  35. The America Invents Act: One Year Later (Pt. 4)
  36. Mark T. Banner Scholarship for Law Students
  37. Inequitable Conduct: Federal Circuit Places another Nail in the Coffin
  38. The America Invents Act: One Year Later (Pt. 3)
  39. America Invents Act: One Year Later (pt. 2)
  40. The America Invents Act: One Year Later (conference)
  41. Does the Entire Market Value Rule Make Sense when Applied to Apportionment Analyses?
  42. Patently-O Bits and Bytes: Transitions
  43. Beyond Question: RMail Challenges the Use of Subject Matter Eligibility as an Invalidity Defense
  44. ABA Seeking Comments on Rules about Registration of In-House Counsel and Limited Recognition of Foreign-Based Lawyers
  45. Patent Pendency Time Series and Why Care about Prosecution Delays
  46. Patent Pendency Update
  47. CLS Bank v. Alice Corp: Patenting Software Ideas
  48. Continuations-in-Part (CIPs) and Priority Claims
  49. K-Tec v. Vita-Mix: Analogous Art and Willful Infringement
  50. A Higher Written Description Standard for Negative Claim Limitations?
  51. Judge Alsup’s Last (?) Order on Bloggers in Oracle v. Google
  52. Patently-O Bits & Bytes by Lawrence Higgins
  53. Patently-O Bits & Bytes by Lawrence Higgins
  54. Who is Your Client Part 2: Inventors Subject to Assignment to Your “Other” Client
  55. USPTO Patent Grants: Another Record Year (3rd in a Row)
  56. Apple Escapes Liability for its Cover-Flow & Spotlight OS Features: More on Inducement
  57. USPTO releases new proposed fees
  58. Solvay v. Honeywell and an Alternative Route to a Central Patent Court in Europe
  59. Dissenting Opinions at the Federal Circuit
  60. MPEP 2106 Patent Subject Matter Eligibility [R-9]

August 2012

  1. Joint Infringement: Federal Circuit Changes the Law of Inducement
  2. Eight Points to Know about September 16, 2012: Post-Grant Transitions and Deadlines
  3. Woodrow Woods v. DeAngelo: Make a Meaningful Supplementation of Your Contention Rog Responses
  4. Global Congress on IP and the Public Interest
  5. Ten Years of Inter Partes Reexamination Data
  6. USPTO Webinar on Implementation of the America Invents Act (AIA)
  7. Musical Interlude on Patent Law
  8. Judge Richard Linn to take Senior Status
  9. Who is Your Client? Part 1: Corporate Affiliates
  10. Apple v. Samsung: An Expert but Pro-Patent Jury?
  11. Can a Third Party Challenge Section 101 Subject Matter Eligibility in the USPTO’s new Post-Grant Review Procedure?
  12. UNH Endowed Professor of Patent Law
  13. Upcoming Patent Law Conferences at Indiana-Bloomington
  14. Suing the USPTO to Cancel Improperly Issued Patents
  15. How the AIA violates TRIPS
  16. Amkor v. ITC
  17. Looking at responses the patent validity survey is taking an average of 90 seconds rather than the 30 promised spend 90 sec
  18. Constitutional Challenge to the First-to-Invent Rule
  19. Are the Courts Correct in Their Assumption that a Patent Issued on Non-patentable Subject Matter is Invalid?
  20. Patently-O Bits and Bytes by Dennis Crouch
  21. Follow up on (final one, I’m sure everyone hopes: Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics
  22. Survey: Patent Validity
  23. Micro-Entity Status: Can We All Qualify?
  24. Guest Post: Federal Circuit Continues Split on Scope of 271(e)(1)
  25. Apple wins $1.05 billion verdict
  26. Patently-O Bits and Bytes by Dennis Crouch
  27. Is Patentable Subject Matter a Statutory Defense?
  28. Whitserve v. Computer Packages
  29. A new highest patent court for Europe? Not as long as the Court of Justice of the EU is here
  30. Maintenance Fee Reminders as Indicia of On-Going Attorney-Client Relationships
  31. Adversity in Patent Litigation
  32. Judge Alsup Orders Further Disclosures from Google in Google v. Oracle
  33. Analyzing the Role of NPEs in the Patent System
  34. AIA Practice Tips: Using New Inventor Declaration Forms
  35. Follow up on: Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics
  36. Two Upcoming eSeminars
  37. Libertarians and Patents: Kinsella vs Mossoff
  38. The Case or Controversy in AMP v. PTO
  39. Gene Patent Debate Continues: Federal Circuit Finds Isolated Human Genes Patentable
  40. Is TheraSense Retroactive?
  41. Logical Conclusion?: Claimed Open-Ended Ranges Lack Enablement
  42. Meyer v. Bodum: A Waste of Public and Private Resources?
  43. Recent Federal Circuit Nonobviousness Opinions: Kinetic Concepts
  44. Recent Federal Circuit Nonobviousness Opinions: Alcon v. Apotex
  45. The Proposed Unified Patent Court for Europe: conditio sine qua non for a Unitary Patent or unavailing venture into the unknown?
  46. Hricik on Ethics
  47. Google’s Improved Patent Search
  48. AIA Shifts USPTO Focus from Inventors to Patent Owners
  49. Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics
  50. Why Isn’t Patent Law as Straightforward as Real Estate Law?: Maybe it Is
  51. Supplemental Examination Final Rules
  52. More USPTO Final Rules
  53. And on the General Ethics Front: Civility and Professionalism Codes in the News
  54. Non-Public Litigation: The Hidden Story of Monsanto v. DuPont
  55. “No” to Software Patents Per Se: Software is Only a Means to an End.
  56. September 16 2012 patent changes
  57. Loser Pays System Introduced in Congress
  58. Anonymous Ex Parte Reexam Requests Again Permitted
  59. Monsanto Jury Verdict Form
  60. New Article on Malpractice and Outsourcing of Legal Services
  61. Federal Circuit Panel Splits on Standard of Review for Litigation Misconduct
  62. Monsanto wins $1b verdict on RoundUp Ready Seed Patent
  63. Federal Circuit to Hear En Banc Appeal on Its Jurisdiction over All-But-Accounting Patent Decisions
  64. Guest Post by Christal Sheppard: Solving a Knotty Problem: An Outrageous Call for Patent Reform Part Deux
  65. Incentivizing Discovery (rather than invention)
  66. USPTO Overseeing Patent Attorneys and Agents
  67. The OED Asserts it Has Jurisdiction to Discipline You in Far Broader Circumstances Than You might Think
  68. Director Kappos: Some Thoughts on Patentability
  69. And on the General Ethics Front: We Law Professors, We’re Underpaid and Overworked
  70. Federal Circuit Again Supports USITC Jurisdiction for Pure-Enforcement NPEs; Court Again Splits on Claim Construction
  71. Copyright Claim Against Patent Firm Who Submits Copyrighted Article Withstands Rule 12(b)(6) Challenge

July 2012

  1. New Statute of Limitations for Disciplinary Proceedings
  2. OED Issues Final Rule on New Disciplinary Statute of Limitations
  3. Prosecution Disclaimer: Another Reexamination Trap
  4. ALJ at ITC: Clawbacks, Schmawbacks.
  5. Federal Circuit Upholds Sanctions Against Litigation Counsel
  6. Ongoing Debate: Is Software Patentable?
  7. Hricik on Ethics
  8. Hricik on Ethics
  9. Prior Art Enablement: Burden on Patent Applicant to Prove Non-Enablement
  10. Adverse Inference Order for Spoliation Entered Against Samsung in Apple Patent Suit
  11. A Professional, Effective Cease and Desist Letter
  12. Speaking of Privilege Waiver…
  13. Kilpatrick Townsend’s Privilege Waiver Adventure
  14. Denial of Summary Judgment Arguing No Inequitable Conduct
  15. New Article on Ethics After TheraSense
  16. Can a Practitioner be Disciplined for Being Adverse to a Former Client Without Proof he Misused Confidential Information?
  17. Introducing David Hricik
  18. Administrative Rules for Implementing a First-to-File System
  19. The Best Mode Requirement and the Conflict of Interest it Creates
  20. And on the General Ethics Front…
  21. Administrative Rules for Implementing a First-to-File System
  22. Making Pre-Grant Submissions More Efffective
  23. Interalia
  24. More on the Death of the Best Mode Requirement
  25. Deciding Foreign Case Law; Certifying Questions; and Patent Assignments
  26. Loughlin v. Ling
  27. CLS Bank v. Alice: The “Nothing More Than” Limitation on Abstract Ideas
  28. Sciele v. Lupin: The Presumption of Validity Does Not Change
  29. Three new USPTO Satellite Offices: Denver, Dallas, and San Jose

June 2012

  1. Supreme Court Grants Cert in Already v. Nike
  2. Wrigley v. Cadbury: Pushing Back Against Impax
  3. Scholarship Roundup: A Guide to the Legislative History of the America Invents Act
  4. Selling Patents
  5. Selling Patents
  6. Enhanced Damages: The Seagate Objectively Reckless Standard is Now a Question of Law to be Decided by a Judge and Reviewed De Novo on Appeal
  7. Life of a Patent Attorney
  8. Predicting En Banc Issues
  9. Hello
  10. Judge Posner: No Damages Despite Infringement
  11. Toshiba v. Imation: Claim Construction Three Ways
  12. Pleading Requirements for Direct Infringement; Inducing Infringement; and Contributory Infringement
  13. Survey Response: Does the Amendment Violate the Written Description Requirement?
  14. Patently-O Bits & Bytes by Lawrence Higgins
  15. Patently-O Bits & Bytes by Lawrence Higgins
  16. Avoiding Subject Matter Problems but Creating Written Description Problems
  17. Proposed Rules for Micro Entities
  18. Endowed Chair in IP and Junior Faculty Workshop at the University of Indiana McKinney School of Law

May 2012

  1. Mintz v. Dietz & Watson: Hindsight and Common Sense
  2. Guest Post by Michael Risch: America’s First Patents
  3. Racing Procedures: Federal Circuit Refuses to Stay Reexam Appeal to Wait for Parallel District Court Appeal
  4. Survey Response: Is the patent invalid?
  5. Substantial Evidence on Appeal
  6. Patent of the Day: Protecting Copyright through Patents
  7. My entry 18
  8. My entry 7
  9. Guest Post: Myriad Misunderstandings of Parke-Davis v. Mulford
  10. USPTO Proposes CPI Fee Increase
  11. Appealing Obviousness not the Factual Basis for Obviousness
  12. Patentable Subject Matter: Supreme Court Challenges Chief Judge Rader’s Broad Notion of Software Patentability
  13. Guest Post by Sarah Burstein: Apple v. Samsung
  14. Examiner Interviews 101
  15. Federal Circuit Annual Conference
  16. Patently-O Bits & Bytes by Lawrence Higgins
  17. Patently-O Bits & Bytes by Lawrence Higgins
  18. In Memoriam Best Mode
  19. Judge Wallach and Claim Construction
  20. The USPTO Patent Backlogs: Falling and Rising
  21. Princeton Event: Patent Success or Failure? The America Invents Act and Beyond
  22. Overlapping Copyright and Patent Rights
  23. By dennis crouch in the oracle v google litigation the jury found that google had copied the oracles protected java softwa
  24. Obviousness and Chemical Compounds
  25. Patent Malpractice Jurisdiction
  26. Survey Response Required to Remain on USPTO Rolls
  27. How Many US Patents are In-Force?
  28. Electronic Filing at Federal Circuit
  29. Judicial Panel on Multidistrict Litigation: AIA Does Not Preclude Consolidated Cases
  30. Renewal Rates by Tech Centers
  31. Guest Post: Popularity of Delaware Is On the Rise
  32. Book Discussion: Frischmann Predicts Prometheus

April 2012

  1. Gene Patent Debate Returns to the Federal Circuit
  2. Self-Replicating Technologies
  3. What Happened to All the Cases: Why So Many Section 337 Cases Give Rise to Relatively Few Exclusion Orders
  4. Federal Jurisdiction over Patent Malpractice Cases – Supreme Court Shows Interest in Gunn v. Minton
  5. Status of Applications
  6. Guest Post by Dr. Shine Tu: Luck/Unluck of the Draw: An Emprical Study of Examiner Allowance Rates
  7. Advanced Fiber Technologies v. J&L Fiber Services
  8. Federalism and Patent Law: Courts Split on Scope of Federal Circuit Arising Under Jurisdiction
  9. Patently-O Bits & Bytes by Lawrence Higgins
  10. Patently-O Bits & Bytes by Lawrence Higgins
  11. Patent Specifications Continue to Rise in Size
  12. Copyright Lawsuit against Patent Firms Continue: Firms Claim Fair Use and Copyright Misuse
  13. Supreme Court: District Courts must Review PTO Factual Findings De Novo in Cases Challenging Board Decisions
  14. Dennis Kennedy
  15. Supreme Court: Generic Pharma Manufacturer Has Standing to Pursue FDA Mis-Label Claim against Patentee
  16. The Frand Wars: Who’s on First?
  17. Supreme Court to Hear International Copyright Exhaustion Case
  18. Supreme Court Looks to Take Trademark Standing Case Following Covenant-not-to-Sue
  19. Patently-O Bits & Bytes by Lawrence Higgins
  20. Patently-O Bits & Bytes by Lawrence Higgins
  21. Despite Therasense: Federal Circuit Finds Aventis Patent Unenforceable
  22. The Impact of Mayo v. Prometheus: Three Weeks In
  23. By dennis crouch i created a database of utility patents running up through april 8 2012 and tallied the number of patents
  24. Inter Partes Reexamination: Standard for Initiating Reexamination No Longer Requires “New” Issues
  25. Unenforceable Patents
  26. In 2011 the uspto issued a record number of utility patents just shy of 225000 issued patents my indicators are that the
  27. Punishing Prometheus: Part V – The Long Punt and the Improbable Return
  28. Patently-O Bits & Bytes by Lawrence Higgins
  29. Patently-O Bits & Bytes by Lawrence Higgins
  30. Self-Replicating Inventions: Supreme Court asks for Government’s Views in Monsanto Patent Exhaustion Case
  31. London Masterclass: The Real, Dramatic and Ongoing Changes to United States Patent Law and their Impact on the Practice of Patent Law
  32. Guest Post: Prometheus v Mayo – A European view
  33. Means-Plus-Function: Invalid as Indefinite

March 2012

  1. Punishing Prometheus: Part IV – Machine or Transformation, We Hardly Knew Thee…
  2. 3M v. Avery: Walking the Line of Declaratory Judgment Jurisdiction
  3. District Court Concludes Therasense Patent Unenforceable On Remand
  4. Punishing Prometheus: Part III – Conclusions Masquerading as Analysis
  5. Punishing Prometheus: Part II – What is a Claim?
  6. Gene Patents: AMP v. Myriad Genetics
  7. Supreme Court: Solving Claim Construction?
  8. Punishing Prometheus: The Supreme Court’s Blunders in Mayo v. Prometheus
  9. USPTO Is Hiring
  10. Video Reaction to Mayo v. Prometheus
  11. Examining Subject Matter Eligibility under Mayo v. Prometheus
  12. Non-Practicing Entities at the USITC
  13. A New Record Number of Patents
  14. Survey on USPTO Fees and the Backlog
  15. USPTO Director Kappos on Increased USPTO Fees
  16. Scholarship Cited by the Supreme Court in Mayo v. Prometheus
  17. Mayo v. Prometheus: Natural Process + Known Elements = Normally No Patent
  18. AIA Changes The Role of the Eastern District of Texas
  19. BPAI Ex Parte Results
  20. Old/Old Patent Applications
  21. Total Patent Application Pendency
  22. Prosecution Timing
  23. Federal Circuit Limits Intervening Rights to Cases involving Textual Claim Amendments
  24. Kimberly-Clark v. Naty: Did Reexamination Clean the Diaper?
  25. New/Old Patents
  26. Importing Drugs from Canada for Personal Use?
  27. Patent Infringement Litigation: Filings on the Rise
  28. BPAI: First Decide Indefiniteness, then Subject Matter Eligibility
  29. RPX: Patent Aggregator and Alleged Antitrust Conspirator
  30. Patently-O Bits & Bytes by Lawrence Higgins
  31. Patently-O Bits & Bytes by Lawrence Higgins
  32. Disavowal of Claim Scope and Beauregard Method Claims
  33. USPTO Patent Grants Continue to Rise
  34. Obviousness as a Question of Law
  35. What Judges Think of IP Litigators
  36. Addressing the USPTO Backlog
  37. Recording Assignments and Security Interests in Patents: Australia’s new Personal Property Securities Register
  38. Two surveys on international IP law and IP Transactions
  39. Guest Post: Checking the “Staats” – in Broadening Reissue Practice, We Are Stuck in the “Doll”-drums
  40. Federal Circuit Continues Split on Patentable Subject Matter
  41. Guest Post: The February of FRAND
  42. Guest Post: It’s Time for a Reliable System to Determine Who Owns a U.S. Patent
  43. Microsoft and Nokia sue Apple for Patent Infringement (via a Holding Company)
  44. Contingent Fee Patent Litigation
  45. Copyright: Lawfirms Sued for Submitting Prior Art to the USPTO
  46. GE Wins Wind Turbine Patent Appeal – USITC Must Now Determine Whether to Block Mitsubishi Wind Turbine Imports
  47. Richard Taranto: Next Federal Circuit Judge
  48. IBM’s Patent Abandonment Strategy
  49. Patently-O in the Courts: Tropp v. Conair Corporation

February 2012

  1. Intellectual Ventures Flexes Some Patent Muscle
  2. Deference to BPAI: Federal Circuit Affirms Ruling that Monsanto’s Late-Filed Claims Win Priority over Pioneer’s Issued Patent
  3. Political Candidates Sued for Patent Infringement
  4. Patently-O Bits & Bytes by Lawrence Higgins
  5. Patently-O Bits & Bytes by Lawrence Higgins
  6. Bar to Courts: Please Define “Unpatentably Abstract”
  7. Does Agency Funding Affect the PTO’s Decisionmaking?
  8. Political Candidates Sued for Patent Infringement
  9. New IP Hall of Fame Members
  10. Mettler-Toledo v. B-Tek: Limiting Claim Elements to the Preferred Embodiment
  11. Federal Circuit: COACH not a sufficiently famous brand and therefore cannot oppose a similar mark on a trademark dilution principle.
  12. Suffolk Law Event
  13. Tune in today feb 21 for the usptos senior leadership webinar at 430 530 pm est submit questions early to webinaruspt
  14. Supreme Court: No Move Yet on Denying Human Gene Patents
  15. APPLE V MOTOROLA in the EPO and Germany – patentability of user interface features
  16. Whither Obviousness: Narrow Range Anticipated by Broader Range in Disclosure
  17. USPTO Maintenance Fees
  18. Patently-O Bits & Bytes by Lawrence Higgins
  19. Patently-O Bits & Bytes by Lawrence Higgins
  20. Predicting Patent Litigation – A Response by Professor Chien
  21. The Unpredictability of Patent Litigation
  22. By dennis crouch tomorrow ill be speaking at professor rantanans home institution the university of iowa college of la
  23. BPAI On Statutory Subject Matter
  24. The Path Forward for Intervening Rights: Presaging the En Banc Decision in Marine Polymer v. Hemcon
  25. USPTO Proposed Budget Just Shy of $3B
  26. By dennis crouch this is fun managing ip just listed me on the shortlist for its ip thought leader award for 2012 list
  27. CIPA Guide to the Patents Acts (UK & European Law)
  28. By dennis crouch astrazeneca v apotex et al fed cir 2012 next year i will be teaching the required first year course
  29. Patents for Humanity
  30. Patents for Humanity
  31. In re Google
  32. New Post Grant Options and Associated Proposed Fees
  33. USPTO Begins Process of Setting Fees and Shifting Applicant Behavior
  34. Federal Circuit Stays Relief Pending Appeal
  35. Patently-O Bits & Bytes by Lawrence Higgins
  36. Patently-O Bits & Bytes by Lawrence Higgins
  37. Dealertrack v. Huber: Unpatentable “computer aided” claims
  38. Guest Post on New Inter Partes Reexamination Standard
  39. Prior User Rights Defense

January 2012

  1. IPCom Wins by Waiver – Federal Circuit Temporarily Revitalizes IPCom Case Against HTC
  2. Ford Krippelz
  3. Patently-O Bits & Bytes by Lawrence Higgins
  4. Patently-O Bits & Bytes by Lawrence Higgins
  5. Recap of Recent AIA-related PTO Activities
  6. PTO Announces Proposed Rules for Supplemental Examination
  7. United States Intellectual Property Organization?: Curing a Fractured Administrative Structure
  8. Falana v. Kent State University
  9. Patently-O Bits & Bytes by Lawrence Higgins
  10. Patently-O Bits & Bytes by Lawrence Higgins
  11. Upcoming Events: Santa Clara
  12. The New Choice: Inequitable Conduct or Copyright Infringement
  13. En Banc Federal Circuit To Reconsider Scope of Intervening Rights Defense
  14. Supreme Court Affirms Broad Congressional Authority to Offer Intellectual Property Rights for Public Domain Works
  15. New Track I Prioritized Examination for RCE Applications
  16. The Role of In-House Patent Counsel in Prosecuting Patents
  17. Guest Post: Should you Submit Third-Party Prior Art?
  18. How does the USPTO Investigate Allegations of Misconduct?
  19. Abbott Loses Patent Rights Due to Gap in Consultant Contract
  20. Estimate: Fewer than 26,000 Active US Patent Attorneys & Agents
  21. Streck v. Research Diagnostic Systems: Dismissal of Invalidity Counterclaims, Written Description, and Enablement
  22. Patently-O Bits & Bytes by Lawrence Higgins
  23. Patently-O Bits & Bytes by Lawrence Higgins
  24. Celsis: Federal Circuit Upholds Preliminary Injunction over Dissent
  25. New Detroit Office
  26. Preliminary Report on Track I: Prioritized Patent Examination Program
  27. USPTO Notice and Comments
  28. Chief Judge Rader & Band DeNovo to “Rock” San Diego’s House of Blues
  29. Patently-O as Incontestable?
  30. Reviewing the New USPTO Post Grant Review System with Reference to EPO Oppositions
  31. Patent Law Blogs and the ABA
  32. 2011 Patent Grants: A New Record
  33. Loser Pays: Federal Circuit Affirms $4 Million Award of Attorney Fees and Costs
  34. Patented or Described in a Printed Publication
  35. 2011 Recap: The Practically Important Elements of the America Invents Act of 2011
  36. Judge Newman Rejects Reexamination following Validity Verdict (in Dissent)

2011 479

December 2011

  1. Guest Post: Supplemental Examinations and the Client-Practitioner Relationship
  2. Vote for Patently-O Today – Get Free Books! :)
  3. Patents, Litigation and Reexaminations
  4. CAFC & TTAB: No (Excess) Leeway for Pro Se
  5. In Memory: Gideon F. “Frank” Rothwell, IV
  6. Patently-O Bits & Bytes by Lawrence Higgins
  7. Patently-O Bits & Bytes by Lawrence Higgins
  8. Patently-O Bits & Bytes by Lawrence Higgins
  9. Injunctive Relief and the Public Interest at the ITC
  10. Patent Stats: Abandoning Provisional Patent Applications
  11. Assignment of US patents
  12. Merry Christmas and Happy Holidays
  13. ABA Voting
  14. Inter Partes Re-exam Requests Continue To Rise, For Now
  15. Claiming Priority to Provisional Applications
  16. Guest Post: Where do Processes of Nature End and Processes of Human Invention Begin?
  17. Design Patent Pendency
  18. Aba100
  19. Guest Post on Myriad by Prof. Megan La Belle
  20. Time for Clients to Start Marking?
  21. Average Patent Application Pendency
  22. Mayo v. Prometheus Guest Post: The Hot-Button Issues
  23. My entry 27
  24. My entry 19
  25. My entry 8
  26. Where should we put the next two patent offices?
  27. Chisum on the New Rules of Patent Priority
  28. Patent Pendency as a Function of Claim Count
  29. Summary of Mayo v. Prometheus Oral Argument
  30. Justice Breyer: Giving Patent Law the Finger
  31. Mayo v. Prometheus
  32. Morgan: Ambiguities in Defining Prior Art under the Leahy-Smith America Invents Act
  33. Morgan: Ambiguities in Defining Prior Art under the Leahy-Smith America Invents Act
  34. Forthcoming Article: Patentable Subject Matter for Diagnostic Methods after in re Bilski
  35. IP Hall of Fame Nominations
  36. Recent patentable subject matter decisions at the BPAI
  37. Provisional Patent Application Filing Count
  38. Federal Circuit Holds Defendant’s State of Incorporation (Delaware) Improper Venue
  39. Patently-O and the Top 100 Legal Blogs: Vote Here
  40. Teva v. Astrazeneca: Invalidating a patent with secret prior art

November 2011

  1. Divided Patent Ownership, Equitable Title, and Failed Assignments
  2. Patently-O Bits & Bytes by Lawrence Higgins
  3. Patently-O Bits & Bytes by Lawrence Higgins
  4. Patently-O Bits & Bytes by Lawrence Higgins
  5. Are Patent Filings Increasing or Decreasing?
  6. Innovation and Competition Policy
  7. USPTO Patent Grants
  8. USPTO Patent Grants
  9. USPTO Patent Grants
  10. In re Ricoh Patent Litigation: Costs May Be Awarded For Document Production Databases
  11. Holiday Gift List for Patent Attorneys and the Like
  12. New BPAI Final Rules
  13. Bits and Bytes by Dennis Crouch
  14. Bits and Bytes by Dennis Crouch
  15. Bits and Bytes by Dennis Crouch
  16. Evaluating Supplemental Examination
  17. Patent Models
  18. Federal Circuit Divided on Federal Jurisdiction over Legal Malpractice Claims
  19. Patently-O Bits & Bytes by Lawrence Higgins
  20. Patently-O Bits & Bytes by Lawrence Higgins
  21. Patently-O Bits & Bytes by Lawrence Higgins
  22. Inherency and Functional Claim Language
  23. KISS my Patent
  24. Federal Circuit Ducks Question of Federal Mediation Privilege
  25. Recent Patent Law Scholarship Roundup
  26. Patently-O Bits & Bytes by Lawrence Higgins
  27. Patently-O Bits & Bytes by Lawrence Higgins
  28. Patently-O Bits & Bytes by Lawrence Higgins
  29. Therasense: Encouraging Intentional Deception?
  30. Fighting the Retroactive Elimination of False Marking Claims
  31. Next Federal Circuit Judge Nominee: Richard G. Taranto
  32. USPTO Management Shake-Up Continues
  33. Don’t update Java on your Computers
  34. Edward DuMont is Out: DuMont Requests that President Obama Withdraw his Federal Circuit Nomination
  35. Claim Construction in the Abstract
  36. Senate Confirms Evan Wallach as Next Federal Circuit Judge
  37. Patently-O Bits & Bytes by Lawrence Higgins
  38. Patently-O Bits & Bytes by Lawrence Higgins
  39. Patently-O Bits & Bytes by Lawrence Higgins
  40. Patentable Subject Matter: Relying on Benson; Construing Claims for Eligibility
  41. Federal Circuit Again Declines to Revisit Cybor
  42. Guest Post by Tun-Jen Chiang: Functionalism versus Faux Formalism at the Federal Circuit
  43. Ongoing Battles over Patentable Subject Matter
  44. Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making
  45. UK Patent Case Lowers Bar on Utility (Industrial Application)
  46. We the People: Petitioning President Obama to End Software Patents
  47. Mayo v. Prometheus: the Patentee’s Section 101 Argument

October 2011

  1. Patently-O Bits & Bytes by Lawrence Higgins
  2. Patently-O Bits & Bytes by Lawrence Higgins
  3. Patently-O Bits & Bytes by Lawrence Higgins
  4. CAFC: Patent Opinions Down, Rule 36 Affirmances Up
  5. Federal Circuit Statistics – FY 2011
  6. VS Tech v. Twitter: Patentable Subject Matter
  7. Purchase my eBook: Mark-Up and Commentary on the Leahy-Smith America Invents Act
  8. This week in patent law class
  9. Patently-O Bits & Bytes by Lawrence Higgins
  10. Patently-O Bits & Bytes by Lawrence Higgins
  11. Patently-O Bits & Bytes by Lawrence Higgins
  12. Limiting Damages: $107 Million Interest Charge Improperly Awarded On-Top of Pre-Agreed Damages
  13. Telegram for the Federal Circuit: Electronic Case Filing Is Now Available
  14. Patently-O Bits & Bytes by Lawrence Higgins
  15. Book Review: Justifying Intellectual Property
  16. Law Jobs: Patent Prosecution Professor at UNH
  17. Patent Issues Arising from the US-Korea Free Trade Agreement
  18. Guest Post: Industrial Designs – the Wonder Weapon for the German Blitzkrieg?
  19. Bosch v. Pylon: jettisoning the presumption of irreparable harm in injunction relief
  20. Guest Post: First Patent Reform, Now Trade Secret Reform?
  21. Book Review: Introduction to Patent Law for Non-Lawyers
  22. Stay Pending Reissue: Timing and Blog Reliability
  23. BPAI’s ex parte Decision Based Upon New Factual Findings Constitutes a New Ground of Rejection
  24. Two men walk into a bar…
  25. The Narrows: Winning by Arguing Both Trade Secret Misappropriations and Patent Infringement
  26. Patently-O Bits & Bytes by Lawrence Higgins
  27. Patently-O Bits & Bytes by Lawrence Higgins
  28. Patently-O Bits & Bytes by Lawrence Higgins
  29. Notes from DC
  30. Sarnoff: Derivation and Prior Art Problems with the New Patent Act
  31. Sarnoff: Derivation and Prior Art Problems with the New Patent Act
  32. Patently-O Bits & Bytes by Lawrence Higgins
  33. Patently-O Bits & Bytes by Lawrence Higgins
  34. Patently-O Bits & Bytes by Lawrence Higgins
  35. Kimberly-Clark v. First Quality Baby Products: No CAFC en banc resolution of standard for preliminary injunctions
  36. Steve jobs 1955 2011
  37. Private Federal Civil Actions for Trade Secret Infringement
  38. Federal Circuit Upholds Strong Domestic Industry Requirement for USITC Patent Litigation
  39. No Litigation Estoppel until All Appeals Exhausted in Inter Partes Reexamination
  40. Guest Post: Accelerated Examination and Prioritized Examination

September 2011

  1. Patently-O Bits & Bytes by Lawrence Higgins
  2. Patently-O Bits & Bytes by Lawrence Higgins
  3. Patently-O Bits & Bytes by Lawrence Higgins
  4. A Response to Professor Chiang
  5. Guest Post on Best Mode by Tun-Jen Chiang
  6. The Federal Circuit’s Rare Opportunity to Protect the Public from Agency Misconduct
  7. Construing Claim Constructions
  8. Guest Post: Because Inquiring Minds Want to Know – Best Mode – Why is it One-Sided?
  9. Chief Judge Rader: Improving Patent Litigation
  10. Post Grant: Narrowing Claim Construction Argument Creates Intervening Rights for Accused Infringers
  11. When Monsanto’s Patents Expire
  12. 35 U.S.C. § 102 (newly amended by the Leahy-Smith America Invents Act of 2011)
  13. Dissents: Judges Newman and Dyk
  14. Guest Post: Preclusive Inventor Disclosure Under Leahy-Smith
  15. Disqualifying Plaintiff’s Litigation Counsel based upon Former Joint Defense Agreement
  16. Implementation of the America Invents Act
  17. Disclosure under the AIA: Introducing The Poor Man’s Provisional Patent Application
  18. Ultramercial v. Hulu: Computer Programs and Patentable Subject Matter
  19. Rush to Judgment: New Dis-Joinder Rules and Non-Practicing Entities
  20. No Patent for Claimed Method of Patenting
  21. Guest Post: Mark Twain’s Patent Interference
  22. New Patent Regime Signed into Law
  23. Of Immediate Concern: Best Mode and Joinder
  24. The Court’s Future Role in the International Harmonization of Patent Laws
  25. Guest Post — Defining Prior Art under the Leahy-Smith AIA
  26. Patently-O Bits & Bytes by Lawrence Higgins
  27. Patently-O Bits & Bytes by Lawrence Higgins
  28. Patently-O Bits & Bytes by Lawrence Higgins
  29. Guest Post – To Promote Progress in Science and Job Creation
  30. Law Professors and their Initial Remarks on the Leahy-Smith Patent Reforms
  31. Patents Directed to Human Organisms
  32. Used with permission josue pereira
  33. Smith-Leahy America Invents Act to Become Law – Senate Passes H.R. 1249 Without Amendment
  34. Senator maria cantwell this is not a patent reform bill this is a big corporation patent give away that tramples on the ri
  35. Patent Reform –Amendments Fail
  36. The Effects of the America Invents Act on Technological Disclosure
  37. First Change: 15% Fee Increase
  38. Patent Reform Passage Likely Today
  39. Patently-O Bits & Bytes by Lawrence Higgins
  40. Patently-O Bits & Bytes by Lawrence Higgins
  41. Patently-O Bits & Bytes by Lawrence Higgins
  42. Some Hope for the Patent Reforms
  43. Debate on H.R.1249 in Senate
  44. Patently-O Bits and Bytes by Dennis Crouch
  45. Patently-O Bits and Bytes by Dennis Crouch
  46. Patently-O Bits and Bytes by Dennis Crouch
  47. Patent Reform 2011 Survey Results
  48. Guest Post: Patent Troll Myths
  49. Patent Reform 2011: Vote Scheduled At the Conclusion of Labor Day
  50. Patently-O Bits & Bytes by Lawrence Higgins
  51. Patently-O Bits & Bytes by Lawrence Higgins
  52. Patently-O Bits & Bytes by Lawrence Higgins

August 2011

  1. Classen Immunotherapies v. Biogen: The Broad, Broad Scope of Statutory Subject Matter
  2. Obviousness in Chemical Formulations: (Unclaimed) Purpose of Limitation Leads to Nonobviousness Holding
  3. Guest Post: An Empirical Exploration of First-to-Invent Versus First-to-File
  4. Flowchart Insuficient Structure to Define Sofware Means-Plus-Function Limitation
  5. Genetics Institute v. Novartis Vaccines
  6. Patently-O Bits & Bytes by Lawrence Higgins
  7. Patently-O Bits & Bytes by Lawrence Higgins
  8. Patently-O Bits & Bytes by Lawrence Higgins
  9. The APA Waives Federal Sovereign Immunity to Declaratory Judgment Challenges against Federally Owned Patents
  10. Wonky Claim Construction; Wonky On-Sale Bar
  11. Predicting Patent Litigation
  12. Recent Scholarship: Do Patents Disclose Useful Information?
  13. GametimeIP by Patrick Anderson
  14. Guest Post: Google is Packing Heat (With Sights on Apple)
  15. Two-Minute Survey: The Impact of Patent Reform
  16. If the software method is not patentable, then neither is the “computer readable medium”
  17. Can You Believe: U.S. Patent No. 8,000,000
  18. Recent Scholarship: Did Phillips Change Anything?
  19. Google’s Purchase of Motorola Mobility
  20. Interpreting the Scope of Patent Assignments Beyond Family Members
  21. Patently-O Bits & Bytes by Lawrence Higgins
  22. Patently-O Bits & Bytes by Lawrence Higgins
  23. Patently-O Bits & Bytes by Lawrence Higgins
  24. USPTO’s Future Budget
  25. Correcting Patents at the District Court
  26. Peripheral Disclosure
  27. BPAI Backlog: Only Growth
  28. Patent Statistics [Updated]
  29. Patently-O Bits & Bytes by Lawrence Higgins
  30. Patently-O Bits & Bytes by Lawrence Higgins
  31. Patently-O Bits & Bytes by Lawrence Higgins
  32. Guest Post: What We Said (and Didn’t Say) in the Berkeley Patent Study
  33. The Impact of Patent Reform on Filing Strategy (I)
  34. Scholarship Roundup: Crouch and Merges, Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making
  35. Eon-Net v. Flagstar Bancorp: Exceptional Case after Remand
  36. Patentable Subject Matter and the Supreme Court Myriad Preview
  37. Patent Reform 2011: House Bill Coming to the Senate in September
  38. Joint Appendix Practice
  39. The BPAI’s Precedent: Most Cited Cases by the Board
  40. Patently-O Daily E-Mail (Free)
  41. Patently-O Bits & Bytes by Lawrence Higgins
  42. Patently-O Bits & Bytes by Lawrence Higgins
  43. Patently-O Bits & Bytes by Lawrence Higgins
  44. Recent Patent Deals:

July 2011

  1. Reverse Bifurcation in Practice
  2. Federal Circuit: Isolated Human DNA Molecules are Patentable
  3. Essay: Not So Confidential: A Call for Restraint in Sealing Court Records
  4. Bernard Chao: Not So Confidential: A Call for Restraint in Sealing Court Records
  5. Judge Nominee: Evan Wallach
  6. Patent Licenses are Presumed to Cover Continuation Applications (Absent Clear Indication to the Contrary)
  7. Federal Circuit Judicial Watch
  8. Federal Circuit Judicial Watch
  9. Federal Circuit Judicial Watch
  10. In Memory: Judge Glenn Archer
  11. Patent Term Adjustment (PTA) Statistics
  12. Judge to PTO: Faster! Faster! Faster!
  13. Prosecution History Estoppel: Defining a Foreseeable Alternative
  14. The Frequency of Means-Plus-Function Claims
  15. Patents Citing More than 2,500 References
  16. Average Number of References Cited Per Patent
  17. USPTO Proposes to Modify Applicants Duty to Disclose, Following Therasense in Limiting the Scope of Materiality
  18. Who cares about Patent Term?: Biotechnology Patent Applicants
  19. Tees & Radar: Patent Pendency 2011
  20. Antitrust Concerns Over the $4.5B Apple-Microsoft-RIM Patent Purchase
  21. Patently-O Bits & Bytes by Lawrence Higgins
  22. Patently-O Bits & Bytes by Lawrence Higgins
  23. Patently-O Bits & Bytes by Lawrence Higgins
  24. Recent Patent Law Scholarship
  25. Recent Patent Law Scholarship
  26. Recent Patent Law Scholarship
  27. Patent Malpractice Litigation: State versus Federal Jurisdiction
  28. The Future of Expectancy Interests in Patent Rights
  29. Court Continues to Struggle with Claim Construction
  30. Patently-O Bits & Bytes by Lawrence Higgins
  31. Patently-O Bits & Bytes by Lawrence Higgins
  32. Patently-O Bits & Bytes by Lawrence Higgins
  33. H.R. 1249 As Passed by the House
  34. Guest Post: Rein in the Big Bank Bail-Out
  35. In Memory: Judge Daniel M. Friedman
  36. H.R. 1249 Section 18
  37. Two-way Declaratory Judgment: Court rejects “competing patent” theory of jurisdiction
  38. Lobbying for a Patent Term Extension
  39. USPTO Patent Grant Forecast for 2011

June 2011

  1. Calcar v. Honda: CAFC’s First Post-Therasense Inequitable Conduct Opinion
  2. Patently-O Bits & Bytes by Lawrence Higgins
  3. Patently-O Bits & Bytes by Lawrence Higgins
  4. Patently-O Bits & Bytes by Lawrence Higgins
  5. Patently-O Bits & Bytes by Lawrence Higgins
  6. Patently-O Bits & Bytes by Lawrence Higgins
  7. Patently-O Bits & Bytes by Lawrence Higgins
  8. Universities & Micro Entities to Receive 75% reduction in Patent Office Fees
  9. Supreme Court takes Two More Patent Cases
  10. Patent Reform Passes
  11. The Big Government Patent Bill: Guest Essay By John Duffy
  12. Tyco v. Mutual Pharmaceutical: Obviousness of a Pharmaceutical Formulation
  13. Therasense: Further Impressions
  14. Supreme Court to Revisit Patentable Subject Matter Eligibility
  15. Obviousness Decisions at the BPAI
  16. BPAI Judicial Diversity and Appeal Win Rate
  17. Inventio v. ThyssenKrupp: Functional Claiming
  18. Identifying the Invention as part of the Claims
  19. A Modest Proposal?: Identifying the Invention within the Patent Application
  20. Intellectual Property Watch
  21. Spectralytics v. Cordis: The Jury Black Box; Teaching Away; Commercial Success; and Treble Damages
  22. Professor Kieff: Problems with First-to-File
  23. First-To-File and the Constitutional Argument
  24. Patently-O Bits & Bytes by Lawrence Higgins
  25. Patently-O Bits & Bytes by Lawrence Higgins
  26. Patently-O Bits & Bytes by Lawrence Higgins
  27. Microsoft v. i4i: Supreme Court Affirms Strong Presumption of Patent Validity
  28. Boston Scientific v. Johnson & Johnson
  29. Advice on Kindle vs Nook vs iPad
  30. In re Klein – a breakthrough for arguments as to non-analogous art before the USPTO?
  31. Therasense v. Becton Dickinson: A First Impression
  32. In re Klein: Analogous Art Test as the New Structure for Non-Obviousness Determinations
  33. Supreme Court: Inventors Can Retain Rights Even for Federally Funded Inventions
  34. Overall Patent Application Timeline
  35. Patently-O Bits & Bytes by Lawrence Higgins
  36. Patently-O Bits & Bytes by Lawrence Higgins
  37. Patently-O Bits & Bytes by Lawrence Higgins
  38. Intellectual Property Office Launches UK Peer to Patent Pilot

May 2011

  1. Global-Tech v. SEB: Supreme Court Affirms CAFC Result But Not “Deliberate Indifference” Standard
  2. Upcoming Event: Chisum Patent Academy
  3. Matching the Problem with the Methodology: The Failure of the EC’s PatQual Report
  4. Patently-O Bits & Bytes by Lawrence Higgins
  5. Patently-O Bits & Bytes by Lawrence Higgins
  6. Patently-O Bits & Bytes by Lawrence Higgins
  7. Arris Group v. BT: Vendors and DJ Standing
  8. En Banc: Federal Circuit to further Address Joint Infringement
  9. Therasense v. BD: En Banc Federal Circuit Raises Bar for Proving Inequitable Conduct and Unenforceability
  10. Apple Buys 200+ Patents from Freescale Semiconductor
  11. Responding to USPTO Requests for Information
  12. In re Brimonidine Patent Litigation: Reviewing Nonobviousness Determinations
  13. Who is the Client?: Advising Inventors, their Spouses, and their Start-Up Companies
  14. Intellectual Ventures: Revealing Investors
  15. Person(s) Skilled in the Art: Should the Now Established Model of Team-Based Inventing Impact the Obviousness Analysis?
  16. In re Kao: Important Decision Controlling BPAI Obviousness Holdings
  17. Pre-Examination Interview Program Formalized and Expanded to All Art Units
  18. The Rambus Opinions: CAFC rules on the “reasonable forseeability” of litigation
  19. Tivo v. Echostar: En Banc Opinion Stands
  20. Odom v. Microsoft: Using Your Own Patents as Prior Art
  21. Aristocrat v. IGT: Attorney Negligence, Revival, and Inequitable Conduct
  22. Trade Secrets and Published Patent Applications
  23. USPTO BPAI to Reconsider Restriction Practice and Markush Claims
  24. Malpractice: Failure to Thoroughly Advise in Settlement Negotiations
  25. Patently-O Bits & Bytes by Lawrence Higgins
  26. Patently-O Bits & Bytes by Lawrence Higgins
  27. Patently-O Bits & Bytes by Lawrence Higgins
  28. Odom’s patent confirmed invalid by Federal Circuit
  29. Impermissible Recapture Rule Curtails Potential for Broadening Reissue
  30. Billups-Rothenberg v. ARUP: The Dangers of FIling Too Early…Or Too Late
  31. Dir. Kappos Brings in New Chief Judge: James D. Smith
  32. Rembrandt v. AOL: Licensing and Indefiniteness

April 2011

  1. Jurisdiction in Patent Declaratory Judgment Actions
  2. Third Party Attempts to Protest or Otherwise Oppose the Grant of a Published Application
  3. Ex Parte Contact with USPTO Examiners
  4. Claim Construction Deference
  5. Kappos and his $100 Million (10%) Budget Cut
  6. Ed DuMont’s “Controversial” Federal Circuit Nomination Continues to Languish after One Year
  7. Federal Circuit orders En Banc rehearing of Akamai Joint Infringement Claim
  8. Tivo v. Echostar: New Rules for Post Injunction Contempt Proceedings against Modified Products
  9. Nortel, Google, and the Ongoing Rights of Licensees in Bankruptcy [Updated]
  10. In re Yasuhito Tanaka – Addition of Narrower Claims is Appropriate Basis for Reissue
  11. Summary of Microsoft v. i4i Oral Argument
  12. Concentration of Patent Cases in the Eastern District of Texas
  13. Microsoft v. i4i Oral Argument – Monday, April 18
  14. The Federal Trade Commission’s (FTC) Recommendations to the International Trade Commission (ITC): Unsound, Unmeasured, and Unauthoritative
  15. Levi & Sweetland: The Federal Trade Commission’s (FTC) Recommendations to the International Trade Commission (ITC): Unsound, Unmeasured, and Unauthoritative
  16. Patently-O Bits & Bytes by Lawrence Higgins
  17. Patently-O Bits & Bytes by Lawrence Higgins
  18. Patently-O Bits & Bytes by Lawrence Higgins
  19. Patent Reform 2011
  20. Joint Infringement: When Multiple Actors Work in Concert
  21. New Members of the PPAC: Google’s Michelle Lee
  22. Copyright versus Free Speech
  23. Crown Packaging v. Ball Metal Beverage Container: The Problem-Solution Approach to Written Description Issues
  24. Federal Budget Cuts = USPTO Budget Cuts?
  25. Fixing the “First Inventor to File” One-Year Grace-Period Provision of the Patent Reform Bills
  26. US Government Asks for Increased Deference When Patent Applicants Challenge BPAI Decisions in Court
  27. Challenging USPTO Decisions in the Courts
  28. US Patent Office and the Government Shutdown
  29. Confidentiality Designations in Federal Circuit Appeals
  30. Patently-O Bits & Bytes by Lawrence Higgins
  31. Patently-O Bits & Bytes by Lawrence Higgins
  32. Patently-O Bits & Bytes by Lawrence Higgins
  33. A Few More Patent Law Students at the University of Missouri
  34. Senate Confirms Jimmie V. Reyna to the CAFC
  35. Fast Track 12-Month Examination Begins May 4, 2011 – $4,000 fee
  36. The Thesaurus of Claim Construction
  37. Federal Circuit Hears Myriad Gene Patent Case
  38. Patent Reform Survey Results on the “Pulse of the Patent Bar”
  39. FTC Report Gives NPEs a new name (PAE), Recommends That Courts and the PTO improve Patent Notice and Damages
  40. Patently-O Bits & Bytes by Lawrence Higgins
  41. Patently-O Bits & Bytes by Lawrence Higgins
  42. Patently-O Bits & Bytes by Lawrence Higgins

March 2011

  1. Electronic Filing and Automatic Decisions for Common Petitions to the Patent Office
  2. Patent Reform 2011: House of Representatives Bill No. H.R. 1249
  3. Federal Circuit Refuses to Require Examiners to Articulate a Claim Construction as Part of the Examination/Rejection Process
  4. MBHB Snippets
  5. High Rate of Patent Throughput Continues in 2011
  6. In re Verizon Business Network Services Inc.
  7. Improper Cross Appeals
  8. Paying Maintenance Fees
  9. American Piledriving v. Geoquip: Resolving Different Courts’ Constructions
  10. Clearing the Oldest Patent Applications
  11. Using Foreign Infringement Judgment to Prove Infringement in the US
  12. Federal Circuit Rejects Narrow View of Analogous Arts Test
  13. Patently-O Bits & Bytes by Lawrence Higgins
  14. Patently-O Bits & Bytes by Lawrence Higgins
  15. Patently-O Bits & Bytes by Lawrence Higgins
  16. US DOJ: Invalidating an Issued Patent Should Require Clear and Convincing Evidence
  17. Old Reliable v. Cornell: Federal Circuit Again Rejects Award of Attorneys’ Fees
  18. Judge O’Malley in Dissent: Patent Assignments Should be a Matter of State Law
  19. Bilski Applied to Invalidate Computer System Claims
  20. White House Recommends Increased Criminal Penalties for Intellectual Property Crimes
  21. False Marking: A Temporary Flash in the Pan
  22. False Marking Settlement Updates
  23. Guest Post: One EU Patent, 27 Courts
  24. Who is Suing for Patent Infringement?
  25. Post-Disclosure Grace Period – Unique but Good Policy
  26. Microsoft v. i4i: Shifting Weight of Evidence versus Shifting Burden of Proof
  27. Patently-O Bits & Bytes by Lawrence Higgins
  28. Patently-O Bits & Bytes by Lawrence Higgins
  29. Patently-O Bits & Bytes by Lawrence Higgins
  30. Patent Reform in the House of Representatives:
  31. America Invents Act – First to Invent and a Filing Date Focus
  32. Jason Rantanen – Associate Professor of Law
  33. ABB v Cooper: The Broad Scope of Declaratory Judgment Jurisdiction
  34. Patent Reform Passed in Senate: House Likely to Introduce Bill this Month
  35. Patent Reform in the Senate
  36. Federal Circuit En Banc Patent Decisions
  37. Patent Woes Threaten Drug Firms
  38. Copyright: Supreme Court to Hear Constitutional Challenge to Copyright Restoration
  39. Federal Circuit Refuses to Hear Appeal of Stay Pending Reexamination
  40. Today’s Study: The BPAI’s Response to its Backlog
  41. Patently-O Bits & Bytes by Lawrence Higgins
  42. Patently-O Bits & Bytes by Lawrence Higgins
  43. Patently-O Bits & Bytes by Lawrence Higgins
  44. Backlog of BPAI Appeals in Ex Parte Cases Pending Resolution
  45. Patent Damages and the Need for Reform
  46. Filing-Date-Focused-System – The Key is the Scope of the Grace Period
  47. Comparison of the Current U.S. First-to-Invent System with the First-Inventor-To-File System Proposed in the Patent Reform Act of 2011 (S.23)
  48. Patent Reform – An Important Amendment to the Bill

February 2011

  1. CAFC Declines to Take Prosecution Laches En Banc
  2. Guest Post: Centocor, the Antibody Exception, and Claiming Only What was Invented
  3. Centocor v. Abbott: Written Description and Antibody Claims
  4. Federal Circuit Dispositions (Updated)
  5. Patently-O Bits & Bytes by Lawrence Higgins
  6. Patently-O Bits & Bytes by Lawrence Higgins
  7. Patently-O Bits & Bytes by Lawrence Higgins
  8. Global-Tech v. SEB: Supreme Court Argument Tomorrow
  9. In re Katz (part 2): Indefiniteness of computer processes
  10. Patently-O Bits and Bytes by Dennis Crouch
  11. Patently-O Bits and Bytes by Dennis Crouch
  12. Patently-O Bits and Bytes by Dennis Crouch
  13. USPTO Implements Prioritized Examination (Track 1)
  14. Now have about 130 patent and technology law professionals registered to attend the missouri law reviews symposium on februa
  15. In re Katz: Managing Complex Patent Suits
  16. Copyright Interlude: What is the Public Domain?
  17. Teresa Stanek Rea Takes Post as Patent Office Deputy Director
  18. Patently-O Bits & Bytes
  19. Federal Circuit Dispositions, Part II
  20. Federal Circuit Dispositions, Part I
  21. USPTO Hopeful for Budget Increases
  22. Open Invitation for February 25th Event in Columbia Missouri
  23. Dissenting in Patent Cases
  24. Patent Reform Act of 2011: An Overview
  25. Top Twelve Most Read Patently-O Posts over the Past Year
  26. Patently-O Bits & Bytes
  27. Al Tramposch Takes Charge of USPTO External Affairs
  28. Super Bowl and the NFL’s Trademark Offense
  29. Briefing Microsoft v. i4i: Amicus Briefs Supporting Easier Invalidation of Patents in Court
  30. The Teeth of KSR: Obviousness on Summary Judgment
  31. Patently-O Bits & Bytes

January 2011

  1. I almost cut my hair: Haircut Property
  2. Patent Suit Filings for 2010 Show a Slight Rise
  3. Patently-O Bits and Bytes*
  4. Patently-O Bits and Bytes*
  5. Arlington Industries v. Bridgeport Fittings: “The specification is the heart of the patent”
  6. Centillion Data v. Qwest Communications: Getting Around Joint Infringement Problems
  7. Reissue Patent Pendency
  8. Accessing Brand-Generic Settlement Data
  9. Sometimes a Pig is Just a Pig
  10. A Poor Man’s Tale of a Patent
  11. Don’t File a Patent: A Book by John Smith
  12. Survey on Willful Infringement
  13. Patents From Hollywood to Cincinnati
  14. Legal Malpractice in Federal Courts
  15. iLOR v. Google: Rejected Claim Construction Does Not Render Case “Objectively Baseless”
  16. Global-Tech v. SEB: Respondent and Additional Amicus Briefs
  17. The Use of Online Databases for Legal Scholarship
  18. Reverse Payment Settlements Return to the Supreme Court
  19. Patent Law Exam 2010: Part II
  20. Guest Post: Microsoft v. i4i – Is the Sky Really Falling?
  21. Tracing the Quote: Everything that can be Invented has been Invented
  22. In re Glatt Air Techniques, Inc.: Single Embodiment Commercial Success
  23. Judge Moore Weighs In on Vacatur of Invalidity Opinions
  24. In re Microsoft: Presence Created Solely for Purposes of Litigation Does Not Support Venue
  25. Uniloc v. Microsoft: The CAFC Rejects the 25 Percent Rule
  26. Patent Law Final Exam – Part 1

2010 447

December 2010

  1. WiAV Solutions v. Motorola: Clarifying the Meaning of “Exclusive Licensee”
  2. Judge Kathleen O’Malley Confirmed to the Federal Circuit
  3. Prometheus Laboratories v. Mayo: The Broad Scope of Statutory Subject Matter
  4. Akamai v. Limelight: Joint Infringement Requires an Agency Relationship or a Contractual Obligation
  5. The Federal Circuit’s Use of Legal Scholarship
  6. In re Vistaprint Ltd.: Venue Transfer Denied
  7. Old-School Submarine Patents
  8. Patent Term: Comparing 17-years-from-issue to 20-years-from-filing
  9. Research Corp. v. Microsoft: Section 101 and Process Claims
  10. Intellectual Ventures Takes First Overt Legal Actions to Enforce its Mammoth Patent Portfolio
  11. Patently-O Bits and Bytes: Getting Personal
  12. Global-Tech v. SEB: Amicus Briefs
  13. Design Patents and the Fashion Industry
  14. In re Acer: Transfer Out of the Eastern District of Texas
  15. ABA Journal Includes Patently-O in its Blawg 100

November 2010

  1. Nuance Communications v. Abbyy Software
  2. My entry 20
  3. My entry 9
  4. Liability for Future Indirect Infringement
  5. Missouri Law Review Patent Law Writing Competition: $5,000 Award
  6. Cross-Border Inventors
  7. Correlating Patent Term Adjustment with Patent Claim Count
  8. Final Draft of ACTA Released
  9. Guest Post: Copyrights, Patents, and International Exhaustion
  10. How Effective are Pre-Appeal Brief Conferences?
  11. Untouchable: Sham Reexamination Requests
  12. En Banc Federal Circuit Arguments in TheraSense and TiVo: Update
  13. Discussion: Patent Prosecution Rates
  14. Statutory Bar Prior Art in the Nonobviousness Analysis
  15. Patently-O Bits and Bytes
  16. Patently-O Bits and Bytes
  17. Sham Reexamination Requests and Federal Preemption
  18. Cancer Research Technology v. Barr Laboratories: Prosecution Laches and Inequitable Conduct
  19. Hyatt v. Kappos: Federal Circuit Opens Door to Post-BPAI Civil Actions
  20. UPDATE: Investigating Patent Law’s Presumption of Validity
  21. Guest Post: What Ultimately Matters In Deciding the “Gene Patenting” Issue?
  22. AstraZeneca v Apotex: Affirmance of a Preliminary Injunction
  23. Constitutional Inventors, First-Possession, and the Confusion of Bayh-Dole
  24. Split Court Denies Rehearing En Banc in Sun Pharmaceuticals v. Eli Lilly
  25. Supreme Court to hear Bayh-Dole Patent Ownership Dispute: Stanford v. Roche

October 2010

  1. US Government Argues in Court that Isolated Genes are Unpatentable
  2. IP Hall of Fame 2011
  3. Patently-O Bits and Bytes
  4. Guest Post: Counting Defendants in Patent Litigation
  5. Federal Circuit: Patentability of Isolated Genes
  6. A First Look at USPTO Petitions Data
  7. USPTO Petitions
  8. Patently-O Bits and Bytes
  9. Patently-O Bits and Bytes
  10. Getting a Patent Examiner Job through Peer-to-Patent Volunteerism
  11. AIPLA Meeting
  12. Guest Post: Origins of the Clear and Convincing Standard
  13. Business Method Patenting in Canada
  14. US Patent Law Provides Prior-Inventor Rights, NOT Prior-User Rights
  15. Inducement of Infringement: Should We Even Think of its Fault Element in Mens Rea Terms?
  16. Patentable Subject Matter at the Board of Patent Appeals
  17. USPTO Preliminary Examination Report for FY2010
  18. USPTO Jobs
  19. Teva v. Eisai: Standing for subsequent Paragraph IV filers
  20. The Federal Circuit and Inequitable Conduct: Part III
  21. Bilski Survey: Questions Left Open by the Supreme Court’s Decision
  22. Citations to Supreme Court Patentable Subject Matter Jurisprudence
  23. The Federal Circuit and Inequitable Conduct: Part II
  24. The Federal Circuit and Inequitable Conduct: Part I
  25. The Standard for Patent Invalidity Under the Prospect Theory
  26. Chippendales Cuffs & Collar lack Inherent Distinctiveness as Product Packaging Trade Dress
  27. Federal Circuit Advisory Council
  28. Judge Jimmie V. Reyna

September 2010

  1. Challenging the Clear and Convincing Standard of Proof for Invalidating Patents in Court
  2. Patently-O Bits and Bytes
  3. Patently-O Bits and Bytes
  4. Patent Term Adjustments – Accounting for Rejections Withdrawn after Appeal-Brief Filings
  5. Trademark Rights for Sound Recordings
  6. Guest Post: An Interesting Preview of Myriad?
  7. Written Description, Claim Scope, and Showing Possession of Hidden Embodiments
  8. Stays Pending Appeal
  9. Guest Post: Open Season on Copyright Infringement Claims? All Hail, or Hate, the “Troll”?
  10. Fujitsu Ltd. v. Netgear
  11. Patent Claims Continue to Drop
  12. Facilitating Freedom-to-Operate Searches
  13. Stanford and Samsung offer $130,000 in Prize Money for Articles on Patent Remedies
  14. Prometheus v. Mayo: Patenting Medical Methods
  15. Successor Company Holds Patents Assigned to Predecessor Company (Even if Assigned after Predecessor Dissolved)
  16. IN DEFENSE OF SOFTWARE PATENTS – PART 2
  17. Preambles as Limitations
  18. GPG v. ITC: Federal Circuit Review of ITC Determinations
  19. CHALLENGE.GOV: Prizes as an Additional Incentive Layer
  20. Best Mode: District Court Improperly Invalidated Patent that Mis-Identified Best Mode
  21. Written Description: Description Must do more than Allow PHOSITA to “Envision” the Claimed Invention
  22. Board of Patent Appeals
  23. Patently-O Bits and Bytes
  24. Patently-O Bits and Bytes
  25. Successor Corporation Held Liable for Default Infringement Judgment Against Predecessor
  26. Law Review Case Note Topics for 2010-2011
  27. Fundraiser — Race for the Cure
  28. False Marking Claims: Standing

August 2010

  1. Federal Circuit Holds-Line on Patent Misuse Defense
  2. Guest Post: Keys to Hiring Newly-Minted Patent Lawyers
  3. Interval Licensing v. AOL, Apple, eBay, Facebook, Google, etc.
  4. Patently-O Bits and Bytes
  5. Patently-O Bits and Bytes
  6. Patent Attorneys and Agents: Years of Hands-On Technical Experience Before Focusing on Patent Law
  7. Who is Behind H.R. 5980?
  8. Preliminary Results on Patent Law Survey.
  9. Guest Post: Patent Abstracts Are Not The Answer To Repatriating Jobs
  10. Attorney Versus Agent
  11. Survey: Why Patent Law
  12. Backgrounds of Registered Patent Practitioners
  13. Lack of “Engineering Details” in Claim Hampers NonObviousness Argument
  14. Patent Attorney Backgrounds
  15. Patently-O Bits and Bytes
  16. Patently-O Bits and Bytes
  17. Transocean v. Maersk: Speeding Up Deepsea Drilling
  18. Examiners Ignore Applicant-Submitted Prior Art
  19. Construing the “Function” of a Means-Plus-Function Claim Element
  20. Adams Respiratory Therapeutics v. Perrigo – construction of pharmacokinetic claim terms
  21. Kevin Collins: An Initial Comment on King Pharmaceuticals: The Printed Matter Doctrine as a Structural Doctrine and Its Implications for Prometheus Laboratories
  22. Kevin Collins: An Initial Comment on King Pharmaceuticals: The Printed Matter Doctrine as a Structural Doctrine and Its Implications for Prometheus Laboratories
  23. Guest Post: The Great Haste and Less Milling of Beer v. United States
  24. A Trademark Justification for Design Patent Rights
  25. Patently-O Bits and Bytes
  26. Patently-O Bits and Bytes
  27. NO JOINT INFRINGEMENT despite Strategic Partnership, Joint Distribution Agreement, and Packaged Sales
  28. TheraSense v. BD: Briefs on the Merits
  29. Ring Plus v. Cingular Wireless
  30. Michel & Nothhaft: Inventing Our Way Out of Joblessness
  31. Doctrine of Equivalents at the Federal Circuit
  32. Genus-Species; Doctrine of Equivalents; and Patentable Subject Matter
  33. Patent Litigation Alerts and other Patent Information
  34. Gene Patents on Appeal: ACLU’s Recusal Motion
  35. Divorce and Patents
  36. Ignoring Non-Patentable Elements While Judging Novelty
  37. Sun Pharmaceuticals v. Eli Lilly: obviousness-type double patenting in the pharmaceutical context
  38. Becton dickinson and co v tyco heathcare group fed cir 2010 tyco appealed a jury verdict that its safety needles infri

July 2010

  1. Patently-O Bits and Bytes
  2. Patently-O Bits and Bytes
  3. Revisiting RCE Statistics
  4. Changing the Law of Inequitable Conduct: Abbot Briefs its Case
  5. PSA For TheraSense Amici: Filing Permission Must Be Requested
  6. Robert Matthews: When Multiple Plaintiffs/Relators Sue for the Same Act of Patent False Marking
  7. Patently-O Patent L.J.: Overlapping Plaintiffs in False Marking Litigation
  8. Prometheus v. Mayo: En Banc Petition on Patentability of Medical Methods
  9. Wyers v. Master Lock
  10. Federal Circuit Review of Patent Term Extensions
  11. Guest Post: USPTO Must Amend Examiner Guidelines On Bilski
  12. Patenting by Entrepreneurs: The Berkeley Patent Survey (Part III of III)
  13. Patenting by Entrepreneurs: The Berkeley Patent Survey (Part II of III)
  14. Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III)
  15. The Business Method Patent Art Units
  16. Avid ID v. Crystal Import: En Banc Request Denied On Issue of Inequitable Conduct by Non-Inventor CEO
  17. Provisional Patent Applications
  18. Advanced Magnetic Closures v. Rome Fastener
  19. Patently-O Bits and Bytes
  20. Patently-O Bits and Bytes
  21. Updated Statistics: Patent Application Pendency
  22. Leviton Manufacturing v. Universal Security Instruments
  23. Attorney Fees and Equal Treatment for Plaintiffs and Defendants
  24. Requests for Continued Examination Continue to Rise
  25. Patently-O Bits and Bytes: USPTO PPAC Morning Report
  26. Patently-O Bits and Bytes
  27. Patently-O Bits and Bytes
  28. Federal Circuit Extends the Scope of 102(e) “Secret Prior Art”
  29. Federal Circuit Splits on Validity of Means Plus Function Claim
  30. Happy Fourth-of-July
  31. Statutory Guidelines for Inequitable Conduct
  32. Patently-O Bits and Bytes
  33. Patently-O Bits and Bytes

June 2010

  1. Patently-O Readership Survey
  2. Prep & Pros: Separated by a Backlog
  3. Why do Applicants File So Many Requests for Continued Examination?
  4. Ongoing Commentary on Bilski v. Kappos
  5. Mayo v. Prometheus Labs: Bilski and Medical Methods
  6. Guest Post: Why Bilski Benefits Startup Companies
  7. Bilski v. Kappos and the Anti-State-Street-Majority
  8. Bilski v. Kappos
  9. BPAI Review of Obviousness Rejections
  10. Pre-Bilski Survey: Software Patents
  11. Reexaminations and Patentable Subject Matter
  12. Bilski, Kenny Rogers and Supreme Court Rule 46
  13. Employee and Officer Liability for Inducing Infringement
  14. Business Method Patents: Insurance Companies Fighting over Patented Annuity Plans
  15. Patently-O Bits and Bytes
  16. Patently-O Bits and Bytes
  17. Submitting Positive Decisions to the World Patent Offices
  18. Survey on Prioritized Examination
  19. Terminal Disclaimers and PTO: Proposal for a Test Case
  20. SGI v. AMD: Chief Judge Rader on Claim Construction
  21. Likelihood of Office Action Rejections
  22. Patently-O Bits and Bytes
  23. Patently-O Bits and Bytes
  24. Beating the Deadline: Timing the Responses to Non-Final Office Actions
  25. When Can a Digital File be a “Product” under Section 271(g)?
  26. When Can a Digital File be a “Product” under Section 271(g)?
  27. False Marking: Solo Cup Properly Rebutted Presumption of Intent to Deceive
  28. Jon Dudas New President of FIRST — the Youth Robotics Leader
  29. Timing of the Notice of Allowance, Issue Fee Payment, and Patent Issuance
  30. Patent Grants Remain at All-Time High
  31. Claim Construction Internal Consistency
  32. Multi-Track Examination: Enhanced Examination Timing Control Initiative
  33. Calculating Patent Term
  34. Patent Maintenance Fee Data
  35. Kristen Osenga: Patent Office Fast Track
  36. Osenga: The PTOs Fast Track Takes Us in the Wrong Direction
  37. Choose-Your-Own-Adventure: A Multi-Track Patent Examination System
  38. Patently-O Bits and Bytes
  39. Measuring the Plague of Inequitable Conduct
  40. Federal Circuit Vacancy Watch: Judge Mayer Moves to Senior Status
  41. Bilski Watch: Timing of Supreme Court Decisions

May 2010

  1. Top Ten Most Cited Patent Cases 2007-2010
  2. Transition: Chief Judge Michel –> Chief Judge Rader
  3. JOTWELL: Journal of Things we Like (LOTS)
  4. Judge Plager: “The Walls Surrounding the Claimed Invention [Should] be Made of Something Other than Quicksand”
  5. USPTO Grant Rate by Technology Center
  6. Patent Grants 2010
  7. Orion v Hyundai on Novelty: Expanding the Scope of a Printed Publication with Oral Testimony
  8. Chief Judge Michel: State of the Court
  9. Patently-O Bits and Bytes
  10. Patently-O Bits and Bytes
  11. Patent Pendency
  12. Patent Pendency
  13. USPTO Rising Allowance Rate
  14. Patently-O Bits and Bytes
  15. Patently-O Bits and Bytes
  16. Defending Yourself in Inequitable Conduct Proceedings
  17. Patenting Numbers
  18. Chien: Recent History Suggests that Supreme Court will Rule Bilski’s Claim Unpatentable
  19. Bits and Bytes: Cybaris
  20. En Banc Federal Circuit: Adjudged Infringers and their “New” Products
  21. Inequitable Conduct: Forming the Doctrinal Boundaries
  22. Therasense: Background Documents For Those Preparing Amicus Filings
  23. Patenting Computer-Implemented-Inventions (CIIs) in the EPO
  24. Federal Circuit Denies Apple’s Motion to Transfer Venue out of Texas
  25. Judge Michel: USPTO Should Receive $1 Billion Infusion of Cash
  26. Menell: Patent Authority of the International Trade Commission
  27. Peter Menell: Authority of the International Trade Commission
  28. Patent Grants Continue to Rise
  29. Vegas Trade Show Satisfies Minimum Contacts Test
  30. Director Kappos Testimony to Congress
  31. Patenting by Small-Entities
  32. Donald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
  33. Donald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
  34. Donald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
  35. Divisional of a Divisional: Avoid Terminal Disclaimers
  36. Gary Locke: Patent Office Needs Self-Control of Funding and Enhanced Post-Grant Review
  37. Patent Litigation Forum Shopping
  38. Patent Pendency: Reconsidering Expedited Examination
  39. How Long Do I Wait for a First Office Action
  40. USPTO News: Patent Grants up 35% over 2009

April 2010

  1. Update on Patent Pendency
  2. False Marking Fine Set at Point Above Gross Revenue
  3. The Impact of Wyeth on Patent Terms
  4. Therasense v. Becton Dickinson: Federal Cicuit Grants En Banc Request to Rethink the Law of Inequitable Conduct
  5. Design Patents: Eliminating the Ornamental/Functional Dichotomy
  6. Difficulties Collecting Royalties
  7. Patently-O Bits and Bytes
  8. Patently-O Bits and Bytes
  9. Department of Commerce Reports that PTO Fee-Setting-Authority and Improved Post-Grant Patent Challenge Lead to Economic Growth
  10. Patent Absurdity: The Movie
  11. Patently-O Bits and Bytes
  12. Patently-O Bits and Bytes
  13. Supreme Court to Decide Case of International Copyright Exhaustion
  14. Federal Circuit Appellate Jurisdiction over Antitrust Claims
  15. BPAI Remanding Cases Involving Computer-Oriented Means-Plus-Function Claims
  16. Interpreting Claims in an Interference: USPTO Rules Now Follow the Law
  17. Ranking of Patent Law Programs for 2011: Perhaps Six Junk-Science Ratings Are Better Than One
  18. Edward DuMont Nominated to the Court of Appeals for the Federal Circuit
  19. Policing Priority: Nintendo Escapes Liability Based on Patentee’s Failure to Satisfy the Written Description Requirement
  20. Recordation of Assignment Creates Rebuttable Presumption that Assignment is Valid, etc.
  21. Judge Rader on Judging (An Interview with Gene Quinn)
  22. Guest Essay: An Initial Comment on Ariad: Written Description and the Baseline of Patent Protection for After-Arising Technology
  23. An Initial Comment on Ariad: Written Description and the Baseline of Patent Protection for After-Arising Technology
  24. Are Appeals at the Federal Circuit a “Coin Flip”?
  25. Joint Inventorship: Federal Circuit Denies Vanderbilt’s Claim to Cialis Patent Rights
  26. Patently-O Bits and Bytes
  27. Patently-O Bits and Bytes
  28. Patently-O Bits and Bytes: Queries from Readers
  29. Means-Plus-Function Claims: Defining the Scope of the Corresponding Structure
  30. Federal Circuit Enforces Agreed-To but Unsigned Settlement Terms
  31. Distinguishing MedImmune: Federal Circuit Denies Declaratory Judgment Jurisdiction
  32. Bilski Predictions: Justice Stevens
  33. Delayed Examination: USPTO Proposes 12-Month Optional Fee-Deferral (and Examination Delay)
  34. Formalities Review of BPAI Briefs
  35. BPAI Revised Procedure for Appeal Brief Review
  36. Patently-O Bits and Bytes
  37. Patently-O Bits and Bytes
  38. Hearing components inc v shure inc appeal no 09 1364 fed cir 2010 this case has three interesting issues 1 the
  39. Patently-O Bits and Bytes: Patent Public Advisory Committee Nominations

March 2010

  1. Guest Post: Update To Recent Patent Damages Article
  2. FalseMarking.Net: An Information Resource on False Marking Litigation
  3. Court: Essentially All Gene Patents Are Invalid
  4. The Relevance of Invention Date in Patent Prosecution: Six Posts
  5. Justifying the Decision in Ariad v. Lilly
  6. The Relevance of Invention Date in Patent Prosecution: Part VI (BPAI Decisions)
  7. Guest Post: Ariad v. Lily: Choosing to Not Disrupt the Settled Expectations of the Patent Community
  8. The Relevance of Invention Date in Patent Prosecution: Part V (Strategies)
  9. The Relevance of Invention Date in Patent Prosecution: Part IV (Survey)
  10. The Relevance of Invention Date in Patent Prosecution: Part III
  11. Miss a Date: $250 Million . . .
  12. The Relevance of Invention Date in Patent Prosecution: Part II
  13. The Relevance of Invention Date in Patent Prosecution: Part I
  14. Patently-O Bits and Bytes No. 327
  15. Patently-O Bits and Bytes No. 327
  16. Fleshing-Out Design Patent Infringement Doctrine
  17. Federal Circuit Confirms that Patents Must Meet Both the Written Description and Enablement Requirements of Section 112.
  18. Design Patent and Replacement Parts
  19. Design Patents and Repair Parts
  20. False Marking: Lobbying against the Senate Bill
  21. False Marking: Starbucks Coffee Cup Insulator
  22. Therasense v. BD: En Banc Support from Law Professors
  23. Patently-O Bits and Bytes No. 326
  24. Eighth Circuit: Federal Circuit Does Not Hold Appellate Jurisdiction over a Refusal to Compel Arbitration in a Patent Case
  25. Dr. Michelson Supports Patent Reform
  26. Settlement + Vacatur: Whitewashing an Invalidated Patent
  27. Vacating an Invalidity Rulings as a Condition of a Negotiated Settlement
  28. Patently-O Bits and Bytes
  29. Patently-O Bits and Bytes
  30. Florist-Inventor Stuck With Admissions Made During Deposition and Loses on Summary Judgment
  31. Federal Circuit Jurisdiction over Declaratory Judgment Actions
  32. Cost of the Patent Backlog and the Proposed Solution
  33. Patently-O Bits and Bytes: Federal Circuit Judicial Nominees
  34. The BPAI’s Standard of Review for Examiner Rejections
  35. Federal Circuit Judge Kathleen O’Malley
  36. Best Mode Requirement Strikes Down Biotech Patent
  37. Amazon One-Click Patent Slides Through Reexamination
  38. Patent Reform Act of 2010: Proposed First-to-File Statute
  39. Patently-O Bits and Bytes
  40. Patently-O Bits and Bytes
  41. Students Writing About the Law
  42. The Role of Claim Construction in the Obviousness Determination
  43. First to Disclose: A Caveat to the Patent Reform Act of 2010
  44. Patent Reform Act of 2010: An Overview
  45. Investigating Patent Law’s Presumption of Validity—An Empirical Analysis
  46. Investigating Patent Law’s Presumption of Validity—An Empirical Analysis
  47. Investigating Patent Law’s Presumption of Validity—An Empirical Analysis
  48. Senate Compromise Bill
  49. Patently-O Bits and Bytes No. 322
  50. Patently-O Bits and Bytes No. 322
  51. Rise in Restrictions: A Response
  52. Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
  53. Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
  54. Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
  55. Rise in Restrictions
  56. Patent Prosecution Malpractice: Proving the Case-Within-a-Case
  57. The Marking Requirement: Here is How the Statute has been Interpreted.
  58. Princo v. ITC and the FTC’s Radical Analytical Framework
  59. Scheduling
  60. Ending the Doctrine of Non-Statutory Double Patenting

February 2010

  1. False Marking and Patent Reform
  2. Patent Law Professors on the Move
  3. False Marking False Marking False Marking False Marking all at up to $500 per offense
  4. Patent Reform Moving Forward
  5. Standard for Reviewing BPAI Obviousness Decisions
  6. The Rising Stature of Reexaminations (Meet in St. Louis)
  7. Patently-O Bits and Bytes
  8. Patently-O Bits and Bytes
  9. Upcoming Symposium and The Role of Patent Applicant Incentives in Patent Office (PTO) Reform
  10. New regime for use claims (dosage regimes) before the European Patent office (EPO)
  11. When does an Ordinary Order become a Preliminary Injunction?
  12. Ariad v. Eli Lilly: Written Description Requirement
  13. An Empirical Study of the Role of The Written Description Requirement in Patent Prosecution
  14. The Timeliness of the En Banc Rehearing of Hyatt v. Kappos
  15. Appealing a BPAI Rejection: Can the Applicant Present New Arguments and New Evidence to the District Court?
  16. Dear Patent Attorney and Patent Agent: Consider Joining to the PTO
  17. Appealing BPAI Rejections in Ex Parte Reexaminations
  18. Viagra, Cialis, & Levitra: Board of Patent Appeals Affirms Rejection of Pfizer’s Broad Patent over ED Treatment
  19. Top-Ten Pending Patent Cases
  20. Broadening Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
  21. Broadening Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
  22. Broadening Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
  23. The North Face versus The South Butt
  24. Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
  25. Inducing Infringement: Knowledge-of-Patent Element Satisfied by “Deliberate Indifference”
  26. Patently-O Bits and Bytes No. 320: LegalZoom
  27. Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II
  28. Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II
  29. Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II
  30. Damages: Federal Circuit Again Demands More Substance from Damages Experts
  31. Goods sold f.o.b. China considered sold “within the United States” for infringement purposes
  32. Patently-O Bits and Bytes
  33. Patently-O Bits and Bytes
  34. Patent Examiner Experience Levels, Part II
  35. USPTO Budget Shortfall Causes: Maintenance Fees
  36. Patently-O Bits and Bytes
  37. Patently-O Bits and Bytes
  38. Patent Examiner Experience Levels
  39. Most Popular Patently-O Posts for January 2010
  40. Attorney Ethics: Disqualifying a Law Firm
  41. Avoiding Declaratory Judgment Jurisdiction
  42. Third-Party Oppositions to PTA Calculations?
  43. USPTO Fees 2011: Justifying the Fee Increase
  44. USPTO FY2011 Budget: Part II
  45. Obama FY2011 Proposed Budget for the USPTO (Including at Least a 15% Increase in Fees)
  46. Patently-O Bits and Bytes No. 317
  47. Patently-O Bits and Bytes No. 317
  48. Invalidity of the Extension of a Patent Term
  49. Filing a Patent on Behalf of a Non-Cooperating Inventor

January 2010

  1. Patently-O Bits and Bytes No. 316
  2. Patently-O Bits and Bytes No. 316
  3. PTA Recalculation Submissions
  4. Interim Procedure for Requesting a (Free) Patent Term Adjustment (PTA) Recalculation from the PTO
  5. Subscribe: Daily E-Mail from Patently-O
  6. Inequitable Conduct Based on Contradictory Statements to the EPO (in a non-family member application)
  7. What Does a Patent Examiner Do with 900+ References?
  8. Jury Wrong on Anticipation; But Claims are Obvious as a Matter of Law
  9. Patently-O Bits and Bytes No. 315: Reexaminations
  10. Obama: “There’s nothing wrong with other people using our technologies. We just want to make sure that it’s licensed and you’re getting paid.”
  11. Restriction Requirements and Double Patenting
  12. Calculating PTA: PTO to offer “guidance for expediting requests.”
  13. Patently-O Bits and Bytes No. 314: Defective Appeal Briefs
  14. InventHelp Sues Gene Quinn (IPWatchDog)
  15. Defective Appeal Briefs
  16. BPAI: No New Arguments (or Nuances) in BPAI Reply Brief Without Good Cause
  17. Editorial Article: The Role of Diversity in Selecting the Next Nominee for the Federal Circuit
  18. Selecting the Next Nominee for the Federal Circuit: Patently Obvious to Consider Diversity
  19. Director Kappos on the USPTO’s (lack of) Funding
  20. Pendency of BPAI Appeals
  21. Narrowing Claims in Reissue
  22. Patently-O Bits and Bytes
  23. Patently-O Bits and Bytes
  24. Reissue Cannot Merely Add New Dependent Claims (Without Cancelling the Broader Claims)
  25. Southern California Wins Trademark Battle with South Carolina
  26. Patently-O Bits and Bytes No. 312
  27. Design Patent Rejections
  28. Patently-O Bits and Bytes No. 311
  29. Patently-O Bits and Bytes No. 311
  30. Law School Summer Programs in Intellectual Property for 2010
  31. Book Review: Patent Ethics: Volume I Prosecution
  32. Patently-O Bits and Bytes No. 310: On TV
  33. PTA Errors: How Hard to Fight
  34. Patent Term Adjustment Statistics
  35. Reconsidering Divided Infringement
  36. Trade Dress Registration Rejected Out of Habit
  37. Helping Independent Inventors Find a Patent Attorney or Patent Agent
  38. Design Patent Application Pendency
  39. Design Patents: Symmetry Requires Elimination of Points-of-Novelty Test for Anticipation
  40. Where is the Next Federal Circuit Judge?
  41. Wikipedia Citations in Patents Up 59 Percent
  42. Wyeth v. Kappos: Appellate Panel Confirms that PTO Is Miscalculating (Undercalculating) Delays in Prosecution and the Corresponding Patent Term Adjustment
  43. Dropping: Average Number of Claims Per Patent
  44. Means-Plus-Function Claims
  45. No Surprise: Broadly Written Means-Plus-Function Terms Limited to Structure Described in Specification
  46. Patently-O Bits and Bytes
  47. Patently-O Bits and Bytes
  48. Enforcing Contracts between Joint Owners: WARF v. Xenon
  49. Refusing to Stay Preliminary Relief Pending Appeal
  50. False Marking: Calculating Damages Part I
  51. Supervisory Patent Examiners: Rethinking their Role

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