2010–2012
1,442 posts
2012 516
December 2012
- Happy New Year!
- Carnegie Mellon v. Marvell: Another $1b verdict.
- Technical Amendment H.R. 6621
- EFF: Limit Software Patents
- Expediting Prosecution: Comparing Track 1 Prioritized Examination, Accelerated Examination, the Patent Prosecution Highway, and Petitions to Make Special Based on Age
- Countdown to March 16, 2013
- Patents Issued Per Year
- Try Patently-O Via E-Mail
- Recent Design Patent Litigation
- Patent Law Treaties Implementation Act of 2012 becomes Law
- BPAI Backlog and its Hopeful Trajectory
- In re Rosuvastatin Calcium Patent Litigation
- Moving forward with a small claims patent court
- Something can be both Funny and Improperly Scandalous, even a Federal Circuit Opinion
- H.R. 6621 has passed in the House
- CLS Bank v. Alice Corp: Software Patentability On the Briefs
- H.R. 6621 Hits a Temporary Snag
- CAFC Obviousness Decision Trends and KSR
- BPAI/PTAB Obviousness Decision Trends
- Apple v. Samsung: Court Denies Permanent Injunction and Allows Samsung to Continue Selling Infringing Devices
- Patenting Software: Obama Administration Argues “Sometimes”
- AIA Technical Amendment (H.R. 6621) Moving Forward
- Smith on Design Patents
- Judicial Network of the Patent Trial and Appeals Board (PTAB)
- Structuring a Privateering Contract
- USPTO Financial Tidbits
- Federal Circuit Rejects Due Process Challenge to AIA on False Marking Retroactivity
- Coming Soon: A European Unified Patent Court (UPC) and Unified Patents
- Mark-Up and Commentary on the Patent Law Treaties Implementation Act of 2012
- Patents for Humanity
- Two events on Monday, December 10.
- Reissue Cannot Be Used to Remove Terminal Disclaimer
- By dennis crouch ftc v watson pharmaceuticals 12 416 scotus 2012 the supreme court has granted certiorari in the pharmace
- Maintaining Uncertainty in the Standard of Review for Exceptional Cases
- Patenting Animals Produced through Selective Breeding
- Suing the USPTO for Issuing Bad Patents
- Request for Comments on Request for Continued Examination (RCE) Practice
- Patent Application Outcomes: Rising Allowances and Falling Abandonments
- Guest Post:Claim Construction Catch-22: Why the Supreme Court Should Grant Certiorari in Retractable Technologies
- The Fox Group v. Cree: Expanding Section 102(g) Prior Art
- Patent Law Treaties Implementation Act of 2012
- Rader: Reviving the Doctrine of Equivalents
- Solicitor General to the Supreme Court: Deny Cert. in Retractable Technologies
- I can now say with almost complete confidence that the uspto will grant over 250000 utility patents in calendar year 2012 t
- Patent Exhaustion for GM Seeds
- H.R. 6621: Proposed Modifications to the America Invents Act of 2011
- Myriad at SCOTUS: Early Reaction
- Patents Encompassing a Human Organism
- Can the 271(e)(1) Safe Harbor Help DuPont Escape its $1 Billion Verdict?
November 2012
- Supreme Court has Granted Cert in the Myriad Case, Question: Are Human Genes Patentable
- Update on Supplemental Examination
- Patent Prosecutors Licensing of Copyrights for Prior Art Submissions
- Top 100 Law Blogs and the Law Blog Hall of Fame
- Patent Term Adjustment
- Patent Term Adjustment
- Patent Term Adjustment
- Federal-circuit-ism: Defining the relationship between the Federal Circuit and its Regional Sister Courts
- Colbert on the First Sale Doctrine
- USPTO Director Kappos will Leave in January 2013
- Provisional Patent Applications as a Flash in the Pan: Many are Filed and Many are Abandoned
- Director Kappos’s Speech on Software Patents, the PTO, and Innovation
- Guest Post: Territorial Thinking Misguides on International Exhaustion Doctrine
- American Thanksgiving
- Unenforceability
- Ritz Camera v. SanDisk: Expansion of Standing for Walker Process claims
- Guest Post: The RCE Cliff
- Transocean v. Maersk, Part II: Secondary Indicia of Nonobviousness Outweigh Prima Facie Case of Obviousness
- Supplemental Examination: Looking at the First Supplemental Examination Request
- Director of the Silicon Valley United States Patent & Trademark Office
- Zoltek v. United States: Patents, the Federal Government, and 271(g)
- Patent Issues in the 2012 Lame Duck Session of Congress
- Peace Corps Fellowship for Law School at the University of Missouri
- Recent Patently-O Posts
- Can you Wait 20-Years to Challenge Inventorship?: In this case, Yes
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Linking Pigs and Humans through the Enablement Doctrine
- Patent Stats for FY 2012
- The Baby Boom of Patent Practitioners
- Stoll: Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint
- Stoll: Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint
- Are you a Patent Attorney Masquerading as a Patent Agent?
- Reviving Abandoned Applications
- Impact of Exelixis on Patent Term
- Where Patent Attorneys Work: Big In House
- Canadian Supreme Court Voids Pfizer’s Viagra Patent – Focusing Disclosure Requirement on the Patent as a Whole
- By dennis crouch samsung v apple 2012 ewca civ 1430 the concluding line of sir robin jacobs opinion reads as follows i
- Accelerated Examination
- Recent Patently-O Posts
- Overkill of the Best Mode
- Summary of Oral Argument in Already, LLC d/b/a Yums v. Nike, Inc.
- Exelixis v. Kappos: Court Finds PTO is Still Undercalculating Patent Term Adjustments
- Best line from todays supreme court oral arguments in already v nike mr dabney your honor in the real world a business
- Timing of the First Office Action on the Merits
- Map of US Patent Practitioner Locations
- Moving Away from Beauty as a Factor in Design Patent Validity
- Pending Patent Applications: Delays in Prosecution and Patent Term Adjustments
- IP Rights Won’t Stop the Election: Federal Circuit Rules that Florida Voting Machines do not Infringe Patentee’s Exclusive Rights
- A Rush to File Ex Parte Reexaminations and Now a Lull
- Reviewing Inter Partes Review: After Six Weeks
October 2012
- Age of Patents when Asserted
- Supreme Court on Patent Law 2013
- Mossoff and Epstein on Patent Rights
- Duty to Use Your Property and Your Patents
- Kirtsaeng v. John Wiley Oral Arguments
- International Copyright Exhaustion: Supreme Court to Decide Whether Copyright Holders Can Block Imports
- Good Things Come in Threes? DOJ, FTC and EC Officials Wax Eloquent About FRAND
- Should a patentee with market power be allowed to charge monopoly prices?: March-In Rights and the NIH
- New Book: Law of Superheroes
- Top-25 Design Patent Recipients from the Past Year
- Apple Patents an Encircled Musical Note
- Should we Move Toward More Fee Shifting in Patent Cases?
- Reviewing PTO Claim Construction: Calls for De Novo Review of Proper Standard
- Citing References at the PTO
- Questions on AskPatent:
- Two recent 101 Cases at the PTAB
- Patent Pro Bono
- En Banc Question: Who Proves (Non)Infringement When Licensee Challenges Patent
- PTAB Backlog: Over the Hump!
- Patently-O Bits and Bytes
- USPTO Reopens the First-Inventor-to-File Comment Period
- Technology Patents LLC. v. T-Mobile (UK) Ltd.
- UK Appellate Court Confirms Pan-European Win for Samsung on iPad Community Design Charges
- Design Patent Damages: When is proof of copying required for profit disgorgement?
- IP in the US Presidential Debates
- Guest Post: New USPTO Proposed Ethics Rules, Part I
- Apple v. Samsung: Adding Elements to Avoid Infringement
- Conference: AIA Survival Guide
- LegalZoom Query
- THOSITA: Obvious to a Team Having Ordinary Skill in the Art
- Federal Circuit Rejects Galaxy Nexus Preliminary Injunction Finding No Irreparable Harm Despite a Market Shift in Samsung’s Favor.
- Software Patents: 50 Years of Circuitous Artifices
- Did the AIA Eliminate Secret Prior Art?
- Making Software Patents Transparent and Understandable: Begin by Determining Whether Software is Patentable
- Federal Circuit To Announce Whether Software is Patentable?: En Banc Rehearing on Section 101 Issues
- The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
- Supreme Court Questions Whether Patent Law Malpractice Claims “Arise Under” the US Patent Laws (And Thus Are Amenable to Federal Jurisdiction).
- Self Replicating (and Alive) Inventions: Supreme Court Grants Certiorari in Monsanto v. Bowman
- The Revival of Parker v. Flook
- 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.
- The Patent Song (Musically Calling for More Reform)
- Is the New Supplemental Examination a Complete Replacement for Owner Initiated Ex Parte Reexamination?
- The GAIN Act Stacks 5-Years of Market Exclusivity for Antibiotics
- The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
- The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
- The Removal of Section 102(f)’s Inventorship Requirement; the Narrowness of Derivation Proceedings; and the Rise of 101’s Invention Requirement
- Inter Partes Reexaminations: USPTO Can Only Consider References from the Request that Were Found to Raise a Substantial Question of Patentability
- Trans-Border Active Patent Inducement under Akamai
September 2012
- US Courts Reject German Injunction Order in Microsoft v. Google Patent Battle
- Patently-O Bits & Bytes by Lawrence Higgins
- Practice Note on US/EPO Patent Family Prosecution
- Appellate Review of Patent Claim Construction: The Reality and Wisdom of a “Mongrel” Standard
- Bits and Bytes
- Patent Maintenance Fees
- Outside the Box Innovations v. Travel Caddy
- Federal Circuit Again Denies Declaratory Judgment Jurisdiction: DJ Plaintiff Must Provide Evidence of Real and Immediate Conflict
- USPTO Funding Secured Through March 2013
- Intellectual Ventures
- Kappos: PTAB Has Authority to Challenge Section 101 issues
- Prof Sprigman Discusses his Knockoff Economy Book
- Droge: Appealing Board Decisions (And Losing)
- Flower-Power
- Guest Post: The Problematic Origins of Nationwide Patent Venue.
- Good-Standing Licensee Must Prove Non-Infringement in DJ Action
- USPTO Press Release on Preissuance Submissions
- A Rush to File at the End of Inter Partes Reexaminations
- A Rush to File at the End of Inter Partes Reexaminations
- A Rush to File at the End of Inter Partes Reexaminations
- Listen to Lawyer-2-Lawyer on AIA Implementation
- Access to Courts: Federal Circuit Issues Preliminary Rejection of Judge Koh’s Stance on Open Access to Trial Documents
- Ex Parte Patent Appeal Results
- Harvard’s US OncoMouse Patents are All Expired (For the Time Being)
- Alleged Copyright Infringement by Patent Prosecutors
- Entire Market Value vs. Entire Market Base
- MPEP.USPTO.GOV
- Who Decides Obviousness: Judge or Jury?
- Supplemental Examination: Inequitable Conduct Amnesty and Beyond
- Drew Curtis: How I beat a patent troll
- Pending Appeals Not Impacted by BPAI->PTAB Transformation
- Pre-Issuance Submissions
- P-T-A-B: Patent Trial and Appeal Board
- The America Invents Act: One Year Later (Pt. 5)
- The America Invents Act: One Year Later (Pt. 4)
- Mark T. Banner Scholarship for Law Students
- Inequitable Conduct: Federal Circuit Places another Nail in the Coffin
- The America Invents Act: One Year Later (Pt. 3)
- America Invents Act: One Year Later (pt. 2)
- The America Invents Act: One Year Later (conference)
- Does the Entire Market Value Rule Make Sense when Applied to Apportionment Analyses?
- Patently-O Bits and Bytes: Transitions
- Beyond Question: RMail Challenges the Use of Subject Matter Eligibility as an Invalidity Defense
- ABA Seeking Comments on Rules about Registration of In-House Counsel and Limited Recognition of Foreign-Based Lawyers
- Patent Pendency Time Series and Why Care about Prosecution Delays
- Patent Pendency Update
- CLS Bank v. Alice Corp: Patenting Software Ideas
- Continuations-in-Part (CIPs) and Priority Claims
- K-Tec v. Vita-Mix: Analogous Art and Willful Infringement
- A Higher Written Description Standard for Negative Claim Limitations?
- Judge Alsup’s Last (?) Order on Bloggers in Oracle v. Google
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Who is Your Client Part 2: Inventors Subject to Assignment to Your “Other” Client
- USPTO Patent Grants: Another Record Year (3rd in a Row)
- Apple Escapes Liability for its Cover-Flow & Spotlight OS Features: More on Inducement
- USPTO releases new proposed fees
- Solvay v. Honeywell and an Alternative Route to a Central Patent Court in Europe
- Dissenting Opinions at the Federal Circuit
- MPEP 2106 Patent Subject Matter Eligibility [R-9]
August 2012
- Joint Infringement: Federal Circuit Changes the Law of Inducement
- Eight Points to Know about September 16, 2012: Post-Grant Transitions and Deadlines
- Woodrow Woods v. DeAngelo: Make a Meaningful Supplementation of Your Contention Rog Responses
- Global Congress on IP and the Public Interest
- Ten Years of Inter Partes Reexamination Data
- USPTO Webinar on Implementation of the America Invents Act (AIA)
- Musical Interlude on Patent Law
- Judge Richard Linn to take Senior Status
- Who is Your Client? Part 1: Corporate Affiliates
- Apple v. Samsung: An Expert but Pro-Patent Jury?
- Can a Third Party Challenge Section 101 Subject Matter Eligibility in the USPTO’s new Post-Grant Review Procedure?
- UNH Endowed Professor of Patent Law
- Upcoming Patent Law Conferences at Indiana-Bloomington
- Suing the USPTO to Cancel Improperly Issued Patents
- How the AIA violates TRIPS
- Amkor v. ITC
- Looking at responses the patent validity survey is taking an average of 90 seconds rather than the 30 promised spend 90 sec
- Constitutional Challenge to the First-to-Invent Rule
- Are the Courts Correct in Their Assumption that a Patent Issued on Non-patentable Subject Matter is Invalid?
- Patently-O Bits and Bytes by Dennis Crouch
- Follow up on (final one, I’m sure everyone hopes: Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics
- Survey: Patent Validity
- Micro-Entity Status: Can We All Qualify?
- Guest Post: Federal Circuit Continues Split on Scope of 271(e)(1)
- Apple wins $1.05 billion verdict
- Patently-O Bits and Bytes by Dennis Crouch
- Is Patentable Subject Matter a Statutory Defense?
- Whitserve v. Computer Packages
- A new highest patent court for Europe? Not as long as the Court of Justice of the EU is here
- Maintenance Fee Reminders as Indicia of On-Going Attorney-Client Relationships
- Adversity in Patent Litigation
- Judge Alsup Orders Further Disclosures from Google in Google v. Oracle
- Analyzing the Role of NPEs in the Patent System
- AIA Practice Tips: Using New Inventor Declaration Forms
- Follow up on: Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics
- Two Upcoming eSeminars
- Libertarians and Patents: Kinsella vs Mossoff
- The Case or Controversy in AMP v. PTO
- Gene Patent Debate Continues: Federal Circuit Finds Isolated Human Genes Patentable
- Is TheraSense Retroactive?
- Logical Conclusion?: Claimed Open-Ended Ranges Lack Enablement
- Meyer v. Bodum: A Waste of Public and Private Resources?
- Recent Federal Circuit Nonobviousness Opinions: Kinetic Concepts
- Recent Federal Circuit Nonobviousness Opinions: Alcon v. Apotex
- The Proposed Unified Patent Court for Europe: conditio sine qua non for a Unitary Patent or unavailing venture into the unknown?
- Hricik on Ethics
- Google’s Improved Patent Search
- AIA Shifts USPTO Focus from Inventors to Patent Owners
- Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics
- Why Isn’t Patent Law as Straightforward as Real Estate Law?: Maybe it Is
- Supplemental Examination Final Rules
- More USPTO Final Rules
- And on the General Ethics Front: Civility and Professionalism Codes in the News
- Non-Public Litigation: The Hidden Story of Monsanto v. DuPont
- “No” to Software Patents Per Se: Software is Only a Means to an End.
- September 16 2012 patent changes
- Loser Pays System Introduced in Congress
- Anonymous Ex Parte Reexam Requests Again Permitted
- Monsanto Jury Verdict Form
- New Article on Malpractice and Outsourcing of Legal Services
- Federal Circuit Panel Splits on Standard of Review for Litigation Misconduct
- Monsanto wins $1b verdict on RoundUp Ready Seed Patent
- Federal Circuit to Hear En Banc Appeal on Its Jurisdiction over All-But-Accounting Patent Decisions
- Guest Post by Christal Sheppard: Solving a Knotty Problem: An Outrageous Call for Patent Reform Part Deux
- Incentivizing Discovery (rather than invention)
- USPTO Overseeing Patent Attorneys and Agents
- The OED Asserts it Has Jurisdiction to Discipline You in Far Broader Circumstances Than You might Think
- Director Kappos: Some Thoughts on Patentability
- And on the General Ethics Front: We Law Professors, We’re Underpaid and Overworked
- Federal Circuit Again Supports USITC Jurisdiction for Pure-Enforcement NPEs; Court Again Splits on Claim Construction
- Copyright Claim Against Patent Firm Who Submits Copyrighted Article Withstands Rule 12(b)(6) Challenge
July 2012
- New Statute of Limitations for Disciplinary Proceedings
- OED Issues Final Rule on New Disciplinary Statute of Limitations
- Prosecution Disclaimer: Another Reexamination Trap
- ALJ at ITC: Clawbacks, Schmawbacks.
- Federal Circuit Upholds Sanctions Against Litigation Counsel
- Ongoing Debate: Is Software Patentable?
- Hricik on Ethics
- Hricik on Ethics
- Prior Art Enablement: Burden on Patent Applicant to Prove Non-Enablement
- Adverse Inference Order for Spoliation Entered Against Samsung in Apple Patent Suit
- A Professional, Effective Cease and Desist Letter
- Speaking of Privilege Waiver…
- Kilpatrick Townsend’s Privilege Waiver Adventure
- Denial of Summary Judgment Arguing No Inequitable Conduct
- New Article on Ethics After TheraSense
- Can a Practitioner be Disciplined for Being Adverse to a Former Client Without Proof he Misused Confidential Information?
- Introducing David Hricik
- Administrative Rules for Implementing a First-to-File System
- The Best Mode Requirement and the Conflict of Interest it Creates
- And on the General Ethics Front…
- Administrative Rules for Implementing a First-to-File System
- Making Pre-Grant Submissions More Efffective
- Interalia
- More on the Death of the Best Mode Requirement
- Deciding Foreign Case Law; Certifying Questions; and Patent Assignments
- Loughlin v. Ling
- CLS Bank v. Alice: The “Nothing More Than” Limitation on Abstract Ideas
- Sciele v. Lupin: The Presumption of Validity Does Not Change
- Three new USPTO Satellite Offices: Denver, Dallas, and San Jose
June 2012
- Supreme Court Grants Cert in Already v. Nike
- Wrigley v. Cadbury: Pushing Back Against Impax
- Scholarship Roundup: A Guide to the Legislative History of the America Invents Act
- Selling Patents
- Selling Patents
- 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
- Life of a Patent Attorney
- Predicting En Banc Issues
- Hello
- Judge Posner: No Damages Despite Infringement
- Toshiba v. Imation: Claim Construction Three Ways
- Pleading Requirements for Direct Infringement; Inducing Infringement; and Contributory Infringement
- Survey Response: Does the Amendment Violate the Written Description Requirement?
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Avoiding Subject Matter Problems but Creating Written Description Problems
- Proposed Rules for Micro Entities
- Endowed Chair in IP and Junior Faculty Workshop at the University of Indiana McKinney School of Law
May 2012
- Mintz v. Dietz & Watson: Hindsight and Common Sense
- Guest Post by Michael Risch: America’s First Patents
- Racing Procedures: Federal Circuit Refuses to Stay Reexam Appeal to Wait for Parallel District Court Appeal
- Survey Response: Is the patent invalid?
- Substantial Evidence on Appeal
- Patent of the Day: Protecting Copyright through Patents
- My entry 18
- My entry 7
- Guest Post: Myriad Misunderstandings of Parke-Davis v. Mulford
- USPTO Proposes CPI Fee Increase
- Appealing Obviousness not the Factual Basis for Obviousness
- Patentable Subject Matter: Supreme Court Challenges Chief Judge Rader’s Broad Notion of Software Patentability
- Guest Post by Sarah Burstein: Apple v. Samsung
- Examiner Interviews 101
- Federal Circuit Annual Conference
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- In Memoriam Best Mode
- Judge Wallach and Claim Construction
- The USPTO Patent Backlogs: Falling and Rising
- Princeton Event: Patent Success or Failure? The America Invents Act and Beyond
- Overlapping Copyright and Patent Rights
- By dennis crouch in the oracle v google litigation the jury found that google had copied the oracles protected java softwa
- Obviousness and Chemical Compounds
- Patent Malpractice Jurisdiction
- Survey Response Required to Remain on USPTO Rolls
- How Many US Patents are In-Force?
- Electronic Filing at Federal Circuit
- Judicial Panel on Multidistrict Litigation: AIA Does Not Preclude Consolidated Cases
- Renewal Rates by Tech Centers
- Guest Post: Popularity of Delaware Is On the Rise
- Book Discussion: Frischmann Predicts Prometheus
April 2012
- Gene Patent Debate Returns to the Federal Circuit
- Self-Replicating Technologies
- What Happened to All the Cases: Why So Many Section 337 Cases Give Rise to Relatively Few Exclusion Orders
- Federal Jurisdiction over Patent Malpractice Cases – Supreme Court Shows Interest in Gunn v. Minton
- Status of Applications
- Guest Post by Dr. Shine Tu: Luck/Unluck of the Draw: An Emprical Study of Examiner Allowance Rates
- Advanced Fiber Technologies v. J&L Fiber Services
- Federalism and Patent Law: Courts Split on Scope of Federal Circuit Arising Under Jurisdiction
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patent Specifications Continue to Rise in Size
- Copyright Lawsuit against Patent Firms Continue: Firms Claim Fair Use and Copyright Misuse
- Supreme Court: District Courts must Review PTO Factual Findings De Novo in Cases Challenging Board Decisions
- Dennis Kennedy
- Supreme Court: Generic Pharma Manufacturer Has Standing to Pursue FDA Mis-Label Claim against Patentee
- The Frand Wars: Who’s on First?
- Supreme Court to Hear International Copyright Exhaustion Case
- Supreme Court Looks to Take Trademark Standing Case Following Covenant-not-to-Sue
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Despite Therasense: Federal Circuit Finds Aventis Patent Unenforceable
- The Impact of Mayo v. Prometheus: Three Weeks In
- By dennis crouch i created a database of utility patents running up through april 8 2012 and tallied the number of patents
- Inter Partes Reexamination: Standard for Initiating Reexamination No Longer Requires “New” Issues
- Unenforceable Patents
- In 2011 the uspto issued a record number of utility patents just shy of 225000 issued patents my indicators are that the
- Punishing Prometheus: Part V – The Long Punt and the Improbable Return
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Self-Replicating Inventions: Supreme Court asks for Government’s Views in Monsanto Patent Exhaustion Case
- London Masterclass: The Real, Dramatic and Ongoing Changes to United States Patent Law and their Impact on the Practice of Patent Law
- Guest Post: Prometheus v Mayo – A European view
- Means-Plus-Function: Invalid as Indefinite
March 2012
- Punishing Prometheus: Part IV – Machine or Transformation, We Hardly Knew Thee…
- 3M v. Avery: Walking the Line of Declaratory Judgment Jurisdiction
- District Court Concludes Therasense Patent Unenforceable On Remand
- Punishing Prometheus: Part III – Conclusions Masquerading as Analysis
- Punishing Prometheus: Part II – What is a Claim?
- Gene Patents: AMP v. Myriad Genetics
- Supreme Court: Solving Claim Construction?
- Punishing Prometheus: The Supreme Court’s Blunders in Mayo v. Prometheus
- USPTO Is Hiring
- Video Reaction to Mayo v. Prometheus
- Examining Subject Matter Eligibility under Mayo v. Prometheus
- Non-Practicing Entities at the USITC
- A New Record Number of Patents
- Survey on USPTO Fees and the Backlog
- USPTO Director Kappos on Increased USPTO Fees
- Scholarship Cited by the Supreme Court in Mayo v. Prometheus
- Mayo v. Prometheus: Natural Process + Known Elements = Normally No Patent
- AIA Changes The Role of the Eastern District of Texas
- BPAI Ex Parte Results
- Old/Old Patent Applications
- Total Patent Application Pendency
- Prosecution Timing
- Federal Circuit Limits Intervening Rights to Cases involving Textual Claim Amendments
- Kimberly-Clark v. Naty: Did Reexamination Clean the Diaper?
- New/Old Patents
- Importing Drugs from Canada for Personal Use?
- Patent Infringement Litigation: Filings on the Rise
- BPAI: First Decide Indefiniteness, then Subject Matter Eligibility
- RPX: Patent Aggregator and Alleged Antitrust Conspirator
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Disavowal of Claim Scope and Beauregard Method Claims
- USPTO Patent Grants Continue to Rise
- Obviousness as a Question of Law
- What Judges Think of IP Litigators
- Addressing the USPTO Backlog
- Recording Assignments and Security Interests in Patents: Australia’s new Personal Property Securities Register
- Two surveys on international IP law and IP Transactions
- Guest Post: Checking the “Staats” – in Broadening Reissue Practice, We Are Stuck in the “Doll”-drums
- Federal Circuit Continues Split on Patentable Subject Matter
- Guest Post: The February of FRAND
- Guest Post: It’s Time for a Reliable System to Determine Who Owns a U.S. Patent
- Microsoft and Nokia sue Apple for Patent Infringement (via a Holding Company)
- Contingent Fee Patent Litigation
- Copyright: Lawfirms Sued for Submitting Prior Art to the USPTO
- GE Wins Wind Turbine Patent Appeal – USITC Must Now Determine Whether to Block Mitsubishi Wind Turbine Imports
- Richard Taranto: Next Federal Circuit Judge
- IBM’s Patent Abandonment Strategy
- Patently-O in the Courts: Tropp v. Conair Corporation
February 2012
- Intellectual Ventures Flexes Some Patent Muscle
- Deference to BPAI: Federal Circuit Affirms Ruling that Monsanto’s Late-Filed Claims Win Priority over Pioneer’s Issued Patent
- Political Candidates Sued for Patent Infringement
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Bar to Courts: Please Define “Unpatentably Abstract”
- Does Agency Funding Affect the PTO’s Decisionmaking?
- Political Candidates Sued for Patent Infringement
- New IP Hall of Fame Members
- Mettler-Toledo v. B-Tek: Limiting Claim Elements to the Preferred Embodiment
- Federal Circuit: COACH not a sufficiently famous brand and therefore cannot oppose a similar mark on a trademark dilution principle.
- Suffolk Law Event
- Tune in today feb 21 for the usptos senior leadership webinar at 430 530 pm est submit questions early to webinaruspt
- Supreme Court: No Move Yet on Denying Human Gene Patents
- APPLE V MOTOROLA in the EPO and Germany – patentability of user interface features
- Whither Obviousness: Narrow Range Anticipated by Broader Range in Disclosure
- USPTO Maintenance Fees
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Predicting Patent Litigation – A Response by Professor Chien
- The Unpredictability of Patent Litigation
- By dennis crouch tomorrow ill be speaking at professor rantanans home institution the university of iowa college of la
- BPAI On Statutory Subject Matter
- The Path Forward for Intervening Rights: Presaging the En Banc Decision in Marine Polymer v. Hemcon
- USPTO Proposed Budget Just Shy of $3B
- By dennis crouch this is fun managing ip just listed me on the shortlist for its ip thought leader award for 2012 list
- CIPA Guide to the Patents Acts (UK & European Law)
- By dennis crouch astrazeneca v apotex et al fed cir 2012 next year i will be teaching the required first year course
- Patents for Humanity
- Patents for Humanity
- In re Google
- New Post Grant Options and Associated Proposed Fees
- USPTO Begins Process of Setting Fees and Shifting Applicant Behavior
- Federal Circuit Stays Relief Pending Appeal
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Dealertrack v. Huber: Unpatentable “computer aided” claims
- Guest Post on New Inter Partes Reexamination Standard
- Prior User Rights Defense
January 2012
- IPCom Wins by Waiver – Federal Circuit Temporarily Revitalizes IPCom Case Against HTC
- Ford Krippelz
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Recap of Recent AIA-related PTO Activities
- PTO Announces Proposed Rules for Supplemental Examination
- United States Intellectual Property Organization?: Curing a Fractured Administrative Structure
- Falana v. Kent State University
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Upcoming Events: Santa Clara
- The New Choice: Inequitable Conduct or Copyright Infringement
- En Banc Federal Circuit To Reconsider Scope of Intervening Rights Defense
- Supreme Court Affirms Broad Congressional Authority to Offer Intellectual Property Rights for Public Domain Works
- New Track I Prioritized Examination for RCE Applications
- The Role of In-House Patent Counsel in Prosecuting Patents
- Guest Post: Should you Submit Third-Party Prior Art?
- How does the USPTO Investigate Allegations of Misconduct?
- Abbott Loses Patent Rights Due to Gap in Consultant Contract
- Estimate: Fewer than 26,000 Active US Patent Attorneys & Agents
- Streck v. Research Diagnostic Systems: Dismissal of Invalidity Counterclaims, Written Description, and Enablement
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Celsis: Federal Circuit Upholds Preliminary Injunction over Dissent
- New Detroit Office
- Preliminary Report on Track I: Prioritized Patent Examination Program
- USPTO Notice and Comments
- Chief Judge Rader & Band DeNovo to “Rock” San Diego’s House of Blues
- Patently-O as Incontestable?
- Reviewing the New USPTO Post Grant Review System with Reference to EPO Oppositions
- Patent Law Blogs and the ABA
- 2011 Patent Grants: A New Record
- Loser Pays: Federal Circuit Affirms $4 Million Award of Attorney Fees and Costs
- Patented or Described in a Printed Publication
- 2011 Recap: The Practically Important Elements of the America Invents Act of 2011
- Judge Newman Rejects Reexamination following Validity Verdict (in Dissent)
2011 479
December 2011
- Guest Post: Supplemental Examinations and the Client-Practitioner Relationship
- Vote for Patently-O Today – Get Free Books! :)
- Patents, Litigation and Reexaminations
- CAFC & TTAB: No (Excess) Leeway for Pro Se
- In Memory: Gideon F. “Frank” Rothwell, IV
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Injunctive Relief and the Public Interest at the ITC
- Patent Stats: Abandoning Provisional Patent Applications
- Assignment of US patents
- Merry Christmas and Happy Holidays
- ABA Voting
- Inter Partes Re-exam Requests Continue To Rise, For Now
- Claiming Priority to Provisional Applications
- Guest Post: Where do Processes of Nature End and Processes of Human Invention Begin?
- Design Patent Pendency
- Aba100
- Guest Post on Myriad by Prof. Megan La Belle
- Time for Clients to Start Marking?
- Average Patent Application Pendency
- Mayo v. Prometheus Guest Post: The Hot-Button Issues
- My entry 27
- My entry 19
- My entry 8
- Where should we put the next two patent offices?
- Chisum on the New Rules of Patent Priority
- Patent Pendency as a Function of Claim Count
- Summary of Mayo v. Prometheus Oral Argument
- Justice Breyer: Giving Patent Law the Finger
- Mayo v. Prometheus
- Morgan: Ambiguities in Defining Prior Art under the Leahy-Smith America Invents Act
- Morgan: Ambiguities in Defining Prior Art under the Leahy-Smith America Invents Act
- Forthcoming Article: Patentable Subject Matter for Diagnostic Methods after in re Bilski
- IP Hall of Fame Nominations
- Recent patentable subject matter decisions at the BPAI
- Provisional Patent Application Filing Count
- Federal Circuit Holds Defendant’s State of Incorporation (Delaware) Improper Venue
- Patently-O and the Top 100 Legal Blogs: Vote Here
- Teva v. Astrazeneca: Invalidating a patent with secret prior art
November 2011
- Divided Patent Ownership, Equitable Title, and Failed Assignments
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Are Patent Filings Increasing or Decreasing?
- Innovation and Competition Policy
- USPTO Patent Grants
- USPTO Patent Grants
- USPTO Patent Grants
- In re Ricoh Patent Litigation: Costs May Be Awarded For Document Production Databases
- Holiday Gift List for Patent Attorneys and the Like
- New BPAI Final Rules
- Bits and Bytes by Dennis Crouch
- Bits and Bytes by Dennis Crouch
- Bits and Bytes by Dennis Crouch
- Evaluating Supplemental Examination
- Patent Models
- Federal Circuit Divided on Federal Jurisdiction over Legal Malpractice Claims
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Inherency and Functional Claim Language
- KISS my Patent
- Federal Circuit Ducks Question of Federal Mediation Privilege
- Recent Patent Law Scholarship Roundup
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Therasense: Encouraging Intentional Deception?
- Fighting the Retroactive Elimination of False Marking Claims
- Next Federal Circuit Judge Nominee: Richard G. Taranto
- USPTO Management Shake-Up Continues
- Don’t update Java on your Computers
- Edward DuMont is Out: DuMont Requests that President Obama Withdraw his Federal Circuit Nomination
- Claim Construction in the Abstract
- Senate Confirms Evan Wallach as Next Federal Circuit Judge
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patentable Subject Matter: Relying on Benson; Construing Claims for Eligibility
- Federal Circuit Again Declines to Revisit Cybor
- Guest Post by Tun-Jen Chiang: Functionalism versus Faux Formalism at the Federal Circuit
- Ongoing Battles over Patentable Subject Matter
- Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making
- UK Patent Case Lowers Bar on Utility (Industrial Application)
- We the People: Petitioning President Obama to End Software Patents
- Mayo v. Prometheus: the Patentee’s Section 101 Argument
October 2011
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- CAFC: Patent Opinions Down, Rule 36 Affirmances Up
- Federal Circuit Statistics – FY 2011
- VS Tech v. Twitter: Patentable Subject Matter
- Purchase my eBook: Mark-Up and Commentary on the Leahy-Smith America Invents Act
- This week in patent law class
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Limiting Damages: $107 Million Interest Charge Improperly Awarded On-Top of Pre-Agreed Damages
- Telegram for the Federal Circuit: Electronic Case Filing Is Now Available
- Patently-O Bits & Bytes by Lawrence Higgins
- Book Review: Justifying Intellectual Property
- Law Jobs: Patent Prosecution Professor at UNH
- Patent Issues Arising from the US-Korea Free Trade Agreement
- Guest Post: Industrial Designs – the Wonder Weapon for the German Blitzkrieg?
- Bosch v. Pylon: jettisoning the presumption of irreparable harm in injunction relief
- Guest Post: First Patent Reform, Now Trade Secret Reform?
- Book Review: Introduction to Patent Law for Non-Lawyers
- Stay Pending Reissue: Timing and Blog Reliability
- BPAI’s ex parte Decision Based Upon New Factual Findings Constitutes a New Ground of Rejection
- Two men walk into a bar…
- The Narrows: Winning by Arguing Both Trade Secret Misappropriations and Patent Infringement
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Notes from DC
- Sarnoff: Derivation and Prior Art Problems with the New Patent Act
- Sarnoff: Derivation and Prior Art Problems with the New Patent Act
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Kimberly-Clark v. First Quality Baby Products: No CAFC en banc resolution of standard for preliminary injunctions
- Steve jobs 1955 2011
- Private Federal Civil Actions for Trade Secret Infringement
- Federal Circuit Upholds Strong Domestic Industry Requirement for USITC Patent Litigation
- No Litigation Estoppel until All Appeals Exhausted in Inter Partes Reexamination
- Guest Post: Accelerated Examination and Prioritized Examination
September 2011
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- A Response to Professor Chiang
- Guest Post on Best Mode by Tun-Jen Chiang
- The Federal Circuit’s Rare Opportunity to Protect the Public from Agency Misconduct
- Construing Claim Constructions
- Guest Post: Because Inquiring Minds Want to Know – Best Mode – Why is it One-Sided?
- Chief Judge Rader: Improving Patent Litigation
- Post Grant: Narrowing Claim Construction Argument Creates Intervening Rights for Accused Infringers
- When Monsanto’s Patents Expire
- 35 U.S.C. § 102 (newly amended by the Leahy-Smith America Invents Act of 2011)
- Dissents: Judges Newman and Dyk
- Guest Post: Preclusive Inventor Disclosure Under Leahy-Smith
- Disqualifying Plaintiff’s Litigation Counsel based upon Former Joint Defense Agreement
- Implementation of the America Invents Act
- Disclosure under the AIA: Introducing The Poor Man’s Provisional Patent Application
- Ultramercial v. Hulu: Computer Programs and Patentable Subject Matter
- Rush to Judgment: New Dis-Joinder Rules and Non-Practicing Entities
- No Patent for Claimed Method of Patenting
- Guest Post: Mark Twain’s Patent Interference
- New Patent Regime Signed into Law
- Of Immediate Concern: Best Mode and Joinder
- The Court’s Future Role in the International Harmonization of Patent Laws
- Guest Post — Defining Prior Art under the Leahy-Smith AIA
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Guest Post – To Promote Progress in Science and Job Creation
- Law Professors and their Initial Remarks on the Leahy-Smith Patent Reforms
- Patents Directed to Human Organisms
- Used with permission josue pereira
- Smith-Leahy America Invents Act to Become Law – Senate Passes H.R. 1249 Without Amendment
- Senator maria cantwell this is not a patent reform bill this is a big corporation patent give away that tramples on the ri
- Patent Reform –Amendments Fail
- The Effects of the America Invents Act on Technological Disclosure
- First Change: 15% Fee Increase
- Patent Reform Passage Likely Today
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Some Hope for the Patent Reforms
- Debate on H.R.1249 in Senate
- Patently-O Bits and Bytes by Dennis Crouch
- Patently-O Bits and Bytes by Dennis Crouch
- Patently-O Bits and Bytes by Dennis Crouch
- Patent Reform 2011 Survey Results
- Guest Post: Patent Troll Myths
- Patent Reform 2011: Vote Scheduled At the Conclusion of Labor Day
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
August 2011
- Classen Immunotherapies v. Biogen: The Broad, Broad Scope of Statutory Subject Matter
- Obviousness in Chemical Formulations: (Unclaimed) Purpose of Limitation Leads to Nonobviousness Holding
- Guest Post: An Empirical Exploration of First-to-Invent Versus First-to-File
- Flowchart Insuficient Structure to Define Sofware Means-Plus-Function Limitation
- Genetics Institute v. Novartis Vaccines
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- The APA Waives Federal Sovereign Immunity to Declaratory Judgment Challenges against Federally Owned Patents
- Wonky Claim Construction; Wonky On-Sale Bar
- Predicting Patent Litigation
- Recent Scholarship: Do Patents Disclose Useful Information?
- GametimeIP by Patrick Anderson
- Guest Post: Google is Packing Heat (With Sights on Apple)
- Two-Minute Survey: The Impact of Patent Reform
- If the software method is not patentable, then neither is the “computer readable medium”
- Can You Believe: U.S. Patent No. 8,000,000
- Recent Scholarship: Did Phillips Change Anything?
- Google’s Purchase of Motorola Mobility
- Interpreting the Scope of Patent Assignments Beyond Family Members
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- USPTO’s Future Budget
- Correcting Patents at the District Court
- Peripheral Disclosure
- BPAI Backlog: Only Growth
- Patent Statistics [Updated]
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Guest Post: What We Said (and Didn’t Say) in the Berkeley Patent Study
- The Impact of Patent Reform on Filing Strategy (I)
- Scholarship Roundup: Crouch and Merges, Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making
- Eon-Net v. Flagstar Bancorp: Exceptional Case after Remand
- Patentable Subject Matter and the Supreme Court Myriad Preview
- Patent Reform 2011: House Bill Coming to the Senate in September
- Joint Appendix Practice
- The BPAI’s Precedent: Most Cited Cases by the Board
- Patently-O Daily E-Mail (Free)
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Recent Patent Deals:
July 2011
- Reverse Bifurcation in Practice
- Federal Circuit: Isolated Human DNA Molecules are Patentable
- Essay: Not So Confidential: A Call for Restraint in Sealing Court Records
- Bernard Chao: Not So Confidential: A Call for Restraint in Sealing Court Records
- Judge Nominee: Evan Wallach
- Patent Licenses are Presumed to Cover Continuation Applications (Absent Clear Indication to the Contrary)
- Federal Circuit Judicial Watch
- Federal Circuit Judicial Watch
- Federal Circuit Judicial Watch
- In Memory: Judge Glenn Archer
- Patent Term Adjustment (PTA) Statistics
- Judge to PTO: Faster! Faster! Faster!
- Prosecution History Estoppel: Defining a Foreseeable Alternative
- The Frequency of Means-Plus-Function Claims
- Patents Citing More than 2,500 References
- Average Number of References Cited Per Patent
- USPTO Proposes to Modify Applicants Duty to Disclose, Following Therasense in Limiting the Scope of Materiality
- Who cares about Patent Term?: Biotechnology Patent Applicants
- Tees & Radar: Patent Pendency 2011
- Antitrust Concerns Over the $4.5B Apple-Microsoft-RIM Patent Purchase
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Recent Patent Law Scholarship
- Recent Patent Law Scholarship
- Recent Patent Law Scholarship
- Patent Malpractice Litigation: State versus Federal Jurisdiction
- The Future of Expectancy Interests in Patent Rights
- Court Continues to Struggle with Claim Construction
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- H.R. 1249 As Passed by the House
- Guest Post: Rein in the Big Bank Bail-Out
- In Memory: Judge Daniel M. Friedman
- H.R. 1249 Section 18
- Two-way Declaratory Judgment: Court rejects “competing patent” theory of jurisdiction
- Lobbying for a Patent Term Extension
- USPTO Patent Grant Forecast for 2011
June 2011
- Calcar v. Honda: CAFC’s First Post-Therasense Inequitable Conduct Opinion
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Universities & Micro Entities to Receive 75% reduction in Patent Office Fees
- Supreme Court takes Two More Patent Cases
- Patent Reform Passes
- The Big Government Patent Bill: Guest Essay By John Duffy
- Tyco v. Mutual Pharmaceutical: Obviousness of a Pharmaceutical Formulation
- Therasense: Further Impressions
- Supreme Court to Revisit Patentable Subject Matter Eligibility
- Obviousness Decisions at the BPAI
- BPAI Judicial Diversity and Appeal Win Rate
- Inventio v. ThyssenKrupp: Functional Claiming
- Identifying the Invention as part of the Claims
- A Modest Proposal?: Identifying the Invention within the Patent Application
- Intellectual Property Watch
- Spectralytics v. Cordis: The Jury Black Box; Teaching Away; Commercial Success; and Treble Damages
- Professor Kieff: Problems with First-to-File
- First-To-File and the Constitutional Argument
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Microsoft v. i4i: Supreme Court Affirms Strong Presumption of Patent Validity
- Boston Scientific v. Johnson & Johnson
- Advice on Kindle vs Nook vs iPad
- In re Klein – a breakthrough for arguments as to non-analogous art before the USPTO?
- Therasense v. Becton Dickinson: A First Impression
- In re Klein: Analogous Art Test as the New Structure for Non-Obviousness Determinations
- Supreme Court: Inventors Can Retain Rights Even for Federally Funded Inventions
- Overall Patent Application Timeline
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Intellectual Property Office Launches UK Peer to Patent Pilot
May 2011
- Global-Tech v. SEB: Supreme Court Affirms CAFC Result But Not “Deliberate Indifference” Standard
- Upcoming Event: Chisum Patent Academy
- Matching the Problem with the Methodology: The Failure of the EC’s PatQual Report
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Arris Group v. BT: Vendors and DJ Standing
- En Banc: Federal Circuit to further Address Joint Infringement
- Therasense v. BD: En Banc Federal Circuit Raises Bar for Proving Inequitable Conduct and Unenforceability
- Apple Buys 200+ Patents from Freescale Semiconductor
- Responding to USPTO Requests for Information
- In re Brimonidine Patent Litigation: Reviewing Nonobviousness Determinations
- Who is the Client?: Advising Inventors, their Spouses, and their Start-Up Companies
- Intellectual Ventures: Revealing Investors
- Person(s) Skilled in the Art: Should the Now Established Model of Team-Based Inventing Impact the Obviousness Analysis?
- In re Kao: Important Decision Controlling BPAI Obviousness Holdings
- Pre-Examination Interview Program Formalized and Expanded to All Art Units
- The Rambus Opinions: CAFC rules on the “reasonable forseeability” of litigation
- Tivo v. Echostar: En Banc Opinion Stands
- Odom v. Microsoft: Using Your Own Patents as Prior Art
- Aristocrat v. IGT: Attorney Negligence, Revival, and Inequitable Conduct
- Trade Secrets and Published Patent Applications
- USPTO BPAI to Reconsider Restriction Practice and Markush Claims
- Malpractice: Failure to Thoroughly Advise in Settlement Negotiations
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Odom’s patent confirmed invalid by Federal Circuit
- Impermissible Recapture Rule Curtails Potential for Broadening Reissue
- Billups-Rothenberg v. ARUP: The Dangers of FIling Too Early…Or Too Late
- Dir. Kappos Brings in New Chief Judge: James D. Smith
- Rembrandt v. AOL: Licensing and Indefiniteness
April 2011
- Jurisdiction in Patent Declaratory Judgment Actions
- Third Party Attempts to Protest or Otherwise Oppose the Grant of a Published Application
- Ex Parte Contact with USPTO Examiners
- Claim Construction Deference
- Kappos and his $100 Million (10%) Budget Cut
- Ed DuMont’s “Controversial” Federal Circuit Nomination Continues to Languish after One Year
- Federal Circuit orders En Banc rehearing of Akamai Joint Infringement Claim
- Tivo v. Echostar: New Rules for Post Injunction Contempt Proceedings against Modified Products
- Nortel, Google, and the Ongoing Rights of Licensees in Bankruptcy [Updated]
- In re Yasuhito Tanaka – Addition of Narrower Claims is Appropriate Basis for Reissue
- Summary of Microsoft v. i4i Oral Argument
- Concentration of Patent Cases in the Eastern District of Texas
- Microsoft v. i4i Oral Argument – Monday, April 18
- The Federal Trade Commission’s (FTC) Recommendations to the International Trade Commission (ITC): Unsound, Unmeasured, and Unauthoritative
- Levi & Sweetland: The Federal Trade Commission’s (FTC) Recommendations to the International Trade Commission (ITC): Unsound, Unmeasured, and Unauthoritative
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patent Reform 2011
- Joint Infringement: When Multiple Actors Work in Concert
- New Members of the PPAC: Google’s Michelle Lee
- Copyright versus Free Speech
- Crown Packaging v. Ball Metal Beverage Container: The Problem-Solution Approach to Written Description Issues
- Federal Budget Cuts = USPTO Budget Cuts?
- Fixing the “First Inventor to File” One-Year Grace-Period Provision of the Patent Reform Bills
- US Government Asks for Increased Deference When Patent Applicants Challenge BPAI Decisions in Court
- Challenging USPTO Decisions in the Courts
- US Patent Office and the Government Shutdown
- Confidentiality Designations in Federal Circuit Appeals
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- A Few More Patent Law Students at the University of Missouri
- Senate Confirms Jimmie V. Reyna to the CAFC
- Fast Track 12-Month Examination Begins May 4, 2011 – $4,000 fee
- The Thesaurus of Claim Construction
- Federal Circuit Hears Myriad Gene Patent Case
- Patent Reform Survey Results on the “Pulse of the Patent Bar”
- FTC Report Gives NPEs a new name (PAE), Recommends That Courts and the PTO improve Patent Notice and Damages
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
March 2011
- Electronic Filing and Automatic Decisions for Common Petitions to the Patent Office
- Patent Reform 2011: House of Representatives Bill No. H.R. 1249
- Federal Circuit Refuses to Require Examiners to Articulate a Claim Construction as Part of the Examination/Rejection Process
- MBHB Snippets
- High Rate of Patent Throughput Continues in 2011
- In re Verizon Business Network Services Inc.
- Improper Cross Appeals
- Paying Maintenance Fees
- American Piledriving v. Geoquip: Resolving Different Courts’ Constructions
- Clearing the Oldest Patent Applications
- Using Foreign Infringement Judgment to Prove Infringement in the US
- Federal Circuit Rejects Narrow View of Analogous Arts Test
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- US DOJ: Invalidating an Issued Patent Should Require Clear and Convincing Evidence
- Old Reliable v. Cornell: Federal Circuit Again Rejects Award of Attorneys’ Fees
- Judge O’Malley in Dissent: Patent Assignments Should be a Matter of State Law
- Bilski Applied to Invalidate Computer System Claims
- White House Recommends Increased Criminal Penalties for Intellectual Property Crimes
- False Marking: A Temporary Flash in the Pan
- False Marking Settlement Updates
- Guest Post: One EU Patent, 27 Courts
- Who is Suing for Patent Infringement?
- Post-Disclosure Grace Period – Unique but Good Policy
- Microsoft v. i4i: Shifting Weight of Evidence versus Shifting Burden of Proof
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patent Reform in the House of Representatives:
- America Invents Act – First to Invent and a Filing Date Focus
- Jason Rantanen – Associate Professor of Law
- ABB v Cooper: The Broad Scope of Declaratory Judgment Jurisdiction
- Patent Reform Passed in Senate: House Likely to Introduce Bill this Month
- Patent Reform in the Senate
- Federal Circuit En Banc Patent Decisions
- Patent Woes Threaten Drug Firms
- Copyright: Supreme Court to Hear Constitutional Challenge to Copyright Restoration
- Federal Circuit Refuses to Hear Appeal of Stay Pending Reexamination
- Today’s Study: The BPAI’s Response to its Backlog
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Backlog of BPAI Appeals in Ex Parte Cases Pending Resolution
- Patent Damages and the Need for Reform
- Filing-Date-Focused-System – The Key is the Scope of the Grace Period
- 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)
- Patent Reform – An Important Amendment to the Bill
February 2011
- CAFC Declines to Take Prosecution Laches En Banc
- Guest Post: Centocor, the Antibody Exception, and Claiming Only What was Invented
- Centocor v. Abbott: Written Description and Antibody Claims
- Federal Circuit Dispositions (Updated)
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Global-Tech v. SEB: Supreme Court Argument Tomorrow
- In re Katz (part 2): Indefiniteness of computer processes
- Patently-O Bits and Bytes by Dennis Crouch
- Patently-O Bits and Bytes by Dennis Crouch
- Patently-O Bits and Bytes by Dennis Crouch
- USPTO Implements Prioritized Examination (Track 1)
- Now have about 130 patent and technology law professionals registered to attend the missouri law reviews symposium on februa
- In re Katz: Managing Complex Patent Suits
- Copyright Interlude: What is the Public Domain?
- Teresa Stanek Rea Takes Post as Patent Office Deputy Director
- Patently-O Bits & Bytes
- Federal Circuit Dispositions, Part II
- Federal Circuit Dispositions, Part I
- USPTO Hopeful for Budget Increases
- Open Invitation for February 25th Event in Columbia Missouri
- Dissenting in Patent Cases
- Patent Reform Act of 2011: An Overview
- Top Twelve Most Read Patently-O Posts over the Past Year
- Patently-O Bits & Bytes
- Al Tramposch Takes Charge of USPTO External Affairs
- Super Bowl and the NFL’s Trademark Offense
- Briefing Microsoft v. i4i: Amicus Briefs Supporting Easier Invalidation of Patents in Court
- The Teeth of KSR: Obviousness on Summary Judgment
- Patently-O Bits & Bytes
January 2011
- I almost cut my hair: Haircut Property
- Patent Suit Filings for 2010 Show a Slight Rise
- Patently-O Bits and Bytes*
- Patently-O Bits and Bytes*
- Arlington Industries v. Bridgeport Fittings: “The specification is the heart of the patent”
- Centillion Data v. Qwest Communications: Getting Around Joint Infringement Problems
- Reissue Patent Pendency
- Accessing Brand-Generic Settlement Data
- Sometimes a Pig is Just a Pig
- A Poor Man’s Tale of a Patent
- Don’t File a Patent: A Book by John Smith
- Survey on Willful Infringement
- Patents From Hollywood to Cincinnati
- Legal Malpractice in Federal Courts
- iLOR v. Google: Rejected Claim Construction Does Not Render Case “Objectively Baseless”
- Global-Tech v. SEB: Respondent and Additional Amicus Briefs
- The Use of Online Databases for Legal Scholarship
- Reverse Payment Settlements Return to the Supreme Court
- Patent Law Exam 2010: Part II
- Guest Post: Microsoft v. i4i – Is the Sky Really Falling?
- Tracing the Quote: Everything that can be Invented has been Invented
- In re Glatt Air Techniques, Inc.: Single Embodiment Commercial Success
- Judge Moore Weighs In on Vacatur of Invalidity Opinions
- In re Microsoft: Presence Created Solely for Purposes of Litigation Does Not Support Venue
- Uniloc v. Microsoft: The CAFC Rejects the 25 Percent Rule
- Patent Law Final Exam – Part 1
2010 447
December 2010
- WiAV Solutions v. Motorola: Clarifying the Meaning of “Exclusive Licensee”
- Judge Kathleen O’Malley Confirmed to the Federal Circuit
- Prometheus Laboratories v. Mayo: The Broad Scope of Statutory Subject Matter
- Akamai v. Limelight: Joint Infringement Requires an Agency Relationship or a Contractual Obligation
- The Federal Circuit’s Use of Legal Scholarship
- In re Vistaprint Ltd.: Venue Transfer Denied
- Old-School Submarine Patents
- Patent Term: Comparing 17-years-from-issue to 20-years-from-filing
- Research Corp. v. Microsoft: Section 101 and Process Claims
- Intellectual Ventures Takes First Overt Legal Actions to Enforce its Mammoth Patent Portfolio
- Patently-O Bits and Bytes: Getting Personal
- Global-Tech v. SEB: Amicus Briefs
- Design Patents and the Fashion Industry
- In re Acer: Transfer Out of the Eastern District of Texas
- ABA Journal Includes Patently-O in its Blawg 100
November 2010
- Nuance Communications v. Abbyy Software
- My entry 20
- My entry 9
- Liability for Future Indirect Infringement
- Missouri Law Review Patent Law Writing Competition: $5,000 Award
- Cross-Border Inventors
- Correlating Patent Term Adjustment with Patent Claim Count
- Final Draft of ACTA Released
- Guest Post: Copyrights, Patents, and International Exhaustion
- How Effective are Pre-Appeal Brief Conferences?
- Untouchable: Sham Reexamination Requests
- En Banc Federal Circuit Arguments in TheraSense and TiVo: Update
- Discussion: Patent Prosecution Rates
- Statutory Bar Prior Art in the Nonobviousness Analysis
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Sham Reexamination Requests and Federal Preemption
- Cancer Research Technology v. Barr Laboratories: Prosecution Laches and Inequitable Conduct
- Hyatt v. Kappos: Federal Circuit Opens Door to Post-BPAI Civil Actions
- UPDATE: Investigating Patent Law’s Presumption of Validity
- Guest Post: What Ultimately Matters In Deciding the “Gene Patenting” Issue?
- AstraZeneca v Apotex: Affirmance of a Preliminary Injunction
- Constitutional Inventors, First-Possession, and the Confusion of Bayh-Dole
- Split Court Denies Rehearing En Banc in Sun Pharmaceuticals v. Eli Lilly
- Supreme Court to hear Bayh-Dole Patent Ownership Dispute: Stanford v. Roche
October 2010
- US Government Argues in Court that Isolated Genes are Unpatentable
- IP Hall of Fame 2011
- Patently-O Bits and Bytes
- Guest Post: Counting Defendants in Patent Litigation
- Federal Circuit: Patentability of Isolated Genes
- A First Look at USPTO Petitions Data
- USPTO Petitions
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Getting a Patent Examiner Job through Peer-to-Patent Volunteerism
- AIPLA Meeting
- Guest Post: Origins of the Clear and Convincing Standard
- Business Method Patenting in Canada
- US Patent Law Provides Prior-Inventor Rights, NOT Prior-User Rights
- Inducement of Infringement: Should We Even Think of its Fault Element in Mens Rea Terms?
- Patentable Subject Matter at the Board of Patent Appeals
- USPTO Preliminary Examination Report for FY2010
- USPTO Jobs
- Teva v. Eisai: Standing for subsequent Paragraph IV filers
- The Federal Circuit and Inequitable Conduct: Part III
- Bilski Survey: Questions Left Open by the Supreme Court’s Decision
- Citations to Supreme Court Patentable Subject Matter Jurisprudence
- The Federal Circuit and Inequitable Conduct: Part II
- The Federal Circuit and Inequitable Conduct: Part I
- The Standard for Patent Invalidity Under the Prospect Theory
- Chippendales Cuffs & Collar lack Inherent Distinctiveness as Product Packaging Trade Dress
- Federal Circuit Advisory Council
- Judge Jimmie V. Reyna
September 2010
- Challenging the Clear and Convincing Standard of Proof for Invalidating Patents in Court
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Patent Term Adjustments – Accounting for Rejections Withdrawn after Appeal-Brief Filings
- Trademark Rights for Sound Recordings
- Guest Post: An Interesting Preview of Myriad?
- Written Description, Claim Scope, and Showing Possession of Hidden Embodiments
- Stays Pending Appeal
- Guest Post: Open Season on Copyright Infringement Claims? All Hail, or Hate, the “Troll”?
- Fujitsu Ltd. v. Netgear
- Patent Claims Continue to Drop
- Facilitating Freedom-to-Operate Searches
- Stanford and Samsung offer $130,000 in Prize Money for Articles on Patent Remedies
- Prometheus v. Mayo: Patenting Medical Methods
- Successor Company Holds Patents Assigned to Predecessor Company (Even if Assigned after Predecessor Dissolved)
- IN DEFENSE OF SOFTWARE PATENTS – PART 2
- Preambles as Limitations
- GPG v. ITC: Federal Circuit Review of ITC Determinations
- CHALLENGE.GOV: Prizes as an Additional Incentive Layer
- Best Mode: District Court Improperly Invalidated Patent that Mis-Identified Best Mode
- Written Description: Description Must do more than Allow PHOSITA to “Envision” the Claimed Invention
- Board of Patent Appeals
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Successor Corporation Held Liable for Default Infringement Judgment Against Predecessor
- Law Review Case Note Topics for 2010-2011
- Fundraiser — Race for the Cure
- False Marking Claims: Standing
August 2010
- Federal Circuit Holds-Line on Patent Misuse Defense
- Guest Post: Keys to Hiring Newly-Minted Patent Lawyers
- Interval Licensing v. AOL, Apple, eBay, Facebook, Google, etc.
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Patent Attorneys and Agents: Years of Hands-On Technical Experience Before Focusing on Patent Law
- Who is Behind H.R. 5980?
- Preliminary Results on Patent Law Survey.
- Guest Post: Patent Abstracts Are Not The Answer To Repatriating Jobs
- Attorney Versus Agent
- Survey: Why Patent Law
- Backgrounds of Registered Patent Practitioners
- Lack of “Engineering Details” in Claim Hampers NonObviousness Argument
- Patent Attorney Backgrounds
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Transocean v. Maersk: Speeding Up Deepsea Drilling
- Examiners Ignore Applicant-Submitted Prior Art
- Construing the “Function” of a Means-Plus-Function Claim Element
- Adams Respiratory Therapeutics v. Perrigo – construction of pharmacokinetic claim terms
- Kevin Collins: An Initial Comment on King Pharmaceuticals: The Printed Matter Doctrine as a Structural Doctrine and Its Implications for Prometheus Laboratories
- Kevin Collins: An Initial Comment on King Pharmaceuticals: The Printed Matter Doctrine as a Structural Doctrine and Its Implications for Prometheus Laboratories
- Guest Post: The Great Haste and Less Milling of Beer v. United States
- A Trademark Justification for Design Patent Rights
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- NO JOINT INFRINGEMENT despite Strategic Partnership, Joint Distribution Agreement, and Packaged Sales
- TheraSense v. BD: Briefs on the Merits
- Ring Plus v. Cingular Wireless
- Michel & Nothhaft: Inventing Our Way Out of Joblessness
- Doctrine of Equivalents at the Federal Circuit
- Genus-Species; Doctrine of Equivalents; and Patentable Subject Matter
- Patent Litigation Alerts and other Patent Information
- Gene Patents on Appeal: ACLU’s Recusal Motion
- Divorce and Patents
- Ignoring Non-Patentable Elements While Judging Novelty
- Sun Pharmaceuticals v. Eli Lilly: obviousness-type double patenting in the pharmaceutical context
- Becton dickinson and co v tyco heathcare group fed cir 2010 tyco appealed a jury verdict that its safety needles infri
July 2010
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Revisiting RCE Statistics
- Changing the Law of Inequitable Conduct: Abbot Briefs its Case
- PSA For TheraSense Amici: Filing Permission Must Be Requested
- Robert Matthews: When Multiple Plaintiffs/Relators Sue for the Same Act of Patent False Marking
- Patently-O Patent L.J.: Overlapping Plaintiffs in False Marking Litigation
- Prometheus v. Mayo: En Banc Petition on Patentability of Medical Methods
- Wyers v. Master Lock
- Federal Circuit Review of Patent Term Extensions
- Guest Post: USPTO Must Amend Examiner Guidelines On Bilski
- Patenting by Entrepreneurs: The Berkeley Patent Survey (Part III of III)
- Patenting by Entrepreneurs: The Berkeley Patent Survey (Part II of III)
- Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III)
- The Business Method Patent Art Units
- Avid ID v. Crystal Import: En Banc Request Denied On Issue of Inequitable Conduct by Non-Inventor CEO
- Provisional Patent Applications
- Advanced Magnetic Closures v. Rome Fastener
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Updated Statistics: Patent Application Pendency
- Leviton Manufacturing v. Universal Security Instruments
- Attorney Fees and Equal Treatment for Plaintiffs and Defendants
- Requests for Continued Examination Continue to Rise
- Patently-O Bits and Bytes: USPTO PPAC Morning Report
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Federal Circuit Extends the Scope of 102(e) “Secret Prior Art”
- Federal Circuit Splits on Validity of Means Plus Function Claim
- Happy Fourth-of-July
- Statutory Guidelines for Inequitable Conduct
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
June 2010
- Patently-O Readership Survey
- Prep & Pros: Separated by a Backlog
- Why do Applicants File So Many Requests for Continued Examination?
- Ongoing Commentary on Bilski v. Kappos
- Mayo v. Prometheus Labs: Bilski and Medical Methods
- Guest Post: Why Bilski Benefits Startup Companies
- Bilski v. Kappos and the Anti-State-Street-Majority
- Bilski v. Kappos
- BPAI Review of Obviousness Rejections
- Pre-Bilski Survey: Software Patents
- Reexaminations and Patentable Subject Matter
- Bilski, Kenny Rogers and Supreme Court Rule 46
- Employee and Officer Liability for Inducing Infringement
- Business Method Patents: Insurance Companies Fighting over Patented Annuity Plans
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Submitting Positive Decisions to the World Patent Offices
- Survey on Prioritized Examination
- Terminal Disclaimers and PTO: Proposal for a Test Case
- SGI v. AMD: Chief Judge Rader on Claim Construction
- Likelihood of Office Action Rejections
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Beating the Deadline: Timing the Responses to Non-Final Office Actions
- When Can a Digital File be a “Product” under Section 271(g)?
- When Can a Digital File be a “Product” under Section 271(g)?
- False Marking: Solo Cup Properly Rebutted Presumption of Intent to Deceive
- Jon Dudas New President of FIRST — the Youth Robotics Leader
- Timing of the Notice of Allowance, Issue Fee Payment, and Patent Issuance
- Patent Grants Remain at All-Time High
- Claim Construction Internal Consistency
- Multi-Track Examination: Enhanced Examination Timing Control Initiative
- Calculating Patent Term
- Patent Maintenance Fee Data
- Kristen Osenga: Patent Office Fast Track
- Osenga: The PTOs Fast Track Takes Us in the Wrong Direction
- Choose-Your-Own-Adventure: A Multi-Track Patent Examination System
- Patently-O Bits and Bytes
- Measuring the Plague of Inequitable Conduct
- Federal Circuit Vacancy Watch: Judge Mayer Moves to Senior Status
- Bilski Watch: Timing of Supreme Court Decisions
May 2010
- Top Ten Most Cited Patent Cases 2007-2010
- Transition: Chief Judge Michel –> Chief Judge Rader
- JOTWELL: Journal of Things we Like (LOTS)
- Judge Plager: “The Walls Surrounding the Claimed Invention [Should] be Made of Something Other than Quicksand”
- USPTO Grant Rate by Technology Center
- Patent Grants 2010
- Orion v Hyundai on Novelty: Expanding the Scope of a Printed Publication with Oral Testimony
- Chief Judge Michel: State of the Court
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Patent Pendency
- Patent Pendency
- USPTO Rising Allowance Rate
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Defending Yourself in Inequitable Conduct Proceedings
- Patenting Numbers
- Chien: Recent History Suggests that Supreme Court will Rule Bilski’s Claim Unpatentable
- Bits and Bytes: Cybaris
- En Banc Federal Circuit: Adjudged Infringers and their “New” Products
- Inequitable Conduct: Forming the Doctrinal Boundaries
- Therasense: Background Documents For Those Preparing Amicus Filings
- Patenting Computer-Implemented-Inventions (CIIs) in the EPO
- Federal Circuit Denies Apple’s Motion to Transfer Venue out of Texas
- Judge Michel: USPTO Should Receive $1 Billion Infusion of Cash
- Menell: Patent Authority of the International Trade Commission
- Peter Menell: Authority of the International Trade Commission
- Patent Grants Continue to Rise
- Vegas Trade Show Satisfies Minimum Contacts Test
- Director Kappos Testimony to Congress
- Patenting by Small-Entities
- Donald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
- Donald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
- Donald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
- Divisional of a Divisional: Avoid Terminal Disclaimers
- Gary Locke: Patent Office Needs Self-Control of Funding and Enhanced Post-Grant Review
- Patent Litigation Forum Shopping
- Patent Pendency: Reconsidering Expedited Examination
- How Long Do I Wait for a First Office Action
- USPTO News: Patent Grants up 35% over 2009
April 2010
- Update on Patent Pendency
- False Marking Fine Set at Point Above Gross Revenue
- The Impact of Wyeth on Patent Terms
- Therasense v. Becton Dickinson: Federal Cicuit Grants En Banc Request to Rethink the Law of Inequitable Conduct
- Design Patents: Eliminating the Ornamental/Functional Dichotomy
- Difficulties Collecting Royalties
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Department of Commerce Reports that PTO Fee-Setting-Authority and Improved Post-Grant Patent Challenge Lead to Economic Growth
- Patent Absurdity: The Movie
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Supreme Court to Decide Case of International Copyright Exhaustion
- Federal Circuit Appellate Jurisdiction over Antitrust Claims
- BPAI Remanding Cases Involving Computer-Oriented Means-Plus-Function Claims
- Interpreting Claims in an Interference: USPTO Rules Now Follow the Law
- Ranking of Patent Law Programs for 2011: Perhaps Six Junk-Science Ratings Are Better Than One
- Edward DuMont Nominated to the Court of Appeals for the Federal Circuit
- Policing Priority: Nintendo Escapes Liability Based on Patentee’s Failure to Satisfy the Written Description Requirement
- Recordation of Assignment Creates Rebuttable Presumption that Assignment is Valid, etc.
- Judge Rader on Judging (An Interview with Gene Quinn)
- Guest Essay: An Initial Comment on Ariad: Written Description and the Baseline of Patent Protection for After-Arising Technology
- An Initial Comment on Ariad: Written Description and the Baseline of Patent Protection for After-Arising Technology
- Are Appeals at the Federal Circuit a “Coin Flip”?
- Joint Inventorship: Federal Circuit Denies Vanderbilt’s Claim to Cialis Patent Rights
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes: Queries from Readers
- Means-Plus-Function Claims: Defining the Scope of the Corresponding Structure
- Federal Circuit Enforces Agreed-To but Unsigned Settlement Terms
- Distinguishing MedImmune: Federal Circuit Denies Declaratory Judgment Jurisdiction
- Bilski Predictions: Justice Stevens
- Delayed Examination: USPTO Proposes 12-Month Optional Fee-Deferral (and Examination Delay)
- Formalities Review of BPAI Briefs
- BPAI Revised Procedure for Appeal Brief Review
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Hearing components inc v shure inc appeal no 09 1364 fed cir 2010 this case has three interesting issues 1 the
- Patently-O Bits and Bytes: Patent Public Advisory Committee Nominations
March 2010
- Guest Post: Update To Recent Patent Damages Article
- FalseMarking.Net: An Information Resource on False Marking Litigation
- Court: Essentially All Gene Patents Are Invalid
- The Relevance of Invention Date in Patent Prosecution: Six Posts
- Justifying the Decision in Ariad v. Lilly
- The Relevance of Invention Date in Patent Prosecution: Part VI (BPAI Decisions)
- Guest Post: Ariad v. Lily: Choosing to Not Disrupt the Settled Expectations of the Patent Community
- The Relevance of Invention Date in Patent Prosecution: Part V (Strategies)
- The Relevance of Invention Date in Patent Prosecution: Part IV (Survey)
- The Relevance of Invention Date in Patent Prosecution: Part III
- Miss a Date: $250 Million . . .
- The Relevance of Invention Date in Patent Prosecution: Part II
- The Relevance of Invention Date in Patent Prosecution: Part I
- Patently-O Bits and Bytes No. 327
- Patently-O Bits and Bytes No. 327
- Fleshing-Out Design Patent Infringement Doctrine
- Federal Circuit Confirms that Patents Must Meet Both the Written Description and Enablement Requirements of Section 112.
- Design Patent and Replacement Parts
- Design Patents and Repair Parts
- False Marking: Lobbying against the Senate Bill
- False Marking: Starbucks Coffee Cup Insulator
- Therasense v. BD: En Banc Support from Law Professors
- Patently-O Bits and Bytes No. 326
- Eighth Circuit: Federal Circuit Does Not Hold Appellate Jurisdiction over a Refusal to Compel Arbitration in a Patent Case
- Dr. Michelson Supports Patent Reform
- Settlement + Vacatur: Whitewashing an Invalidated Patent
- Vacating an Invalidity Rulings as a Condition of a Negotiated Settlement
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Florist-Inventor Stuck With Admissions Made During Deposition and Loses on Summary Judgment
- Federal Circuit Jurisdiction over Declaratory Judgment Actions
- Cost of the Patent Backlog and the Proposed Solution
- Patently-O Bits and Bytes: Federal Circuit Judicial Nominees
- The BPAI’s Standard of Review for Examiner Rejections
- Federal Circuit Judge Kathleen O’Malley
- Best Mode Requirement Strikes Down Biotech Patent
- Amazon One-Click Patent Slides Through Reexamination
- Patent Reform Act of 2010: Proposed First-to-File Statute
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Students Writing About the Law
- The Role of Claim Construction in the Obviousness Determination
- First to Disclose: A Caveat to the Patent Reform Act of 2010
- Patent Reform Act of 2010: An Overview
- Investigating Patent Law’s Presumption of Validity—An Empirical Analysis
- Investigating Patent Law’s Presumption of Validity—An Empirical Analysis
- Investigating Patent Law’s Presumption of Validity—An Empirical Analysis
- Senate Compromise Bill
- Patently-O Bits and Bytes No. 322
- Patently-O Bits and Bytes No. 322
- Rise in Restrictions: A Response
- Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
- Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
- Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
- Rise in Restrictions
- Patent Prosecution Malpractice: Proving the Case-Within-a-Case
- The Marking Requirement: Here is How the Statute has been Interpreted.
- Princo v. ITC and the FTC’s Radical Analytical Framework
- Scheduling
- Ending the Doctrine of Non-Statutory Double Patenting
February 2010
- False Marking and Patent Reform
- Patent Law Professors on the Move
- False Marking False Marking False Marking False Marking all at up to $500 per offense
- Patent Reform Moving Forward
- Standard for Reviewing BPAI Obviousness Decisions
- The Rising Stature of Reexaminations (Meet in St. Louis)
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Upcoming Symposium and The Role of Patent Applicant Incentives in Patent Office (PTO) Reform
- New regime for use claims (dosage regimes) before the European Patent office (EPO)
- When does an Ordinary Order become a Preliminary Injunction?
- Ariad v. Eli Lilly: Written Description Requirement
- An Empirical Study of the Role of The Written Description Requirement in Patent Prosecution
- The Timeliness of the En Banc Rehearing of Hyatt v. Kappos
- Appealing a BPAI Rejection: Can the Applicant Present New Arguments and New Evidence to the District Court?
- Dear Patent Attorney and Patent Agent: Consider Joining to the PTO
- Appealing BPAI Rejections in Ex Parte Reexaminations
- Viagra, Cialis, & Levitra: Board of Patent Appeals Affirms Rejection of Pfizer’s Broad Patent over ED Treatment
- Top-Ten Pending Patent Cases
- Broadening Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
- Broadening Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
- Broadening Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
- The North Face versus The South Butt
- Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases
- Inducing Infringement: Knowledge-of-Patent Element Satisfied by “Deliberate Indifference”
- Patently-O Bits and Bytes No. 320: LegalZoom
- Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II
- Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II
- Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II
- Damages: Federal Circuit Again Demands More Substance from Damages Experts
- Goods sold f.o.b. China considered sold “within the United States” for infringement purposes
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Patent Examiner Experience Levels, Part II
- USPTO Budget Shortfall Causes: Maintenance Fees
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Patent Examiner Experience Levels
- Most Popular Patently-O Posts for January 2010
- Attorney Ethics: Disqualifying a Law Firm
- Avoiding Declaratory Judgment Jurisdiction
- Third-Party Oppositions to PTA Calculations?
- USPTO Fees 2011: Justifying the Fee Increase
- USPTO FY2011 Budget: Part II
- Obama FY2011 Proposed Budget for the USPTO (Including at Least a 15% Increase in Fees)
- Patently-O Bits and Bytes No. 317
- Patently-O Bits and Bytes No. 317
- Invalidity of the Extension of a Patent Term
- Filing a Patent on Behalf of a Non-Cooperating Inventor
January 2010
- Patently-O Bits and Bytes No. 316
- Patently-O Bits and Bytes No. 316
- PTA Recalculation Submissions
- Interim Procedure for Requesting a (Free) Patent Term Adjustment (PTA) Recalculation from the PTO
- Subscribe: Daily E-Mail from Patently-O
- Inequitable Conduct Based on Contradictory Statements to the EPO (in a non-family member application)
- What Does a Patent Examiner Do with 900+ References?
- Jury Wrong on Anticipation; But Claims are Obvious as a Matter of Law
- Patently-O Bits and Bytes No. 315: Reexaminations
- 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.”
- Restriction Requirements and Double Patenting
- Calculating PTA: PTO to offer “guidance for expediting requests.”
- Patently-O Bits and Bytes No. 314: Defective Appeal Briefs
- InventHelp Sues Gene Quinn (IPWatchDog)
- Defective Appeal Briefs
- BPAI: No New Arguments (or Nuances) in BPAI Reply Brief Without Good Cause
- Editorial Article: The Role of Diversity in Selecting the Next Nominee for the Federal Circuit
- Selecting the Next Nominee for the Federal Circuit: Patently Obvious to Consider Diversity
- Director Kappos on the USPTO’s (lack of) Funding
- Pendency of BPAI Appeals
- Narrowing Claims in Reissue
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Reissue Cannot Merely Add New Dependent Claims (Without Cancelling the Broader Claims)
- Southern California Wins Trademark Battle with South Carolina
- Patently-O Bits and Bytes No. 312
- Design Patent Rejections
- Patently-O Bits and Bytes No. 311
- Patently-O Bits and Bytes No. 311
- Law School Summer Programs in Intellectual Property for 2010
- Book Review: Patent Ethics: Volume I Prosecution
- Patently-O Bits and Bytes No. 310: On TV
- PTA Errors: How Hard to Fight
- Patent Term Adjustment Statistics
- Reconsidering Divided Infringement
- Trade Dress Registration Rejected Out of Habit
- Helping Independent Inventors Find a Patent Attorney or Patent Agent
- Design Patent Application Pendency
- Design Patents: Symmetry Requires Elimination of Points-of-Novelty Test for Anticipation
- Where is the Next Federal Circuit Judge?
- Wikipedia Citations in Patents Up 59 Percent
- Wyeth v. Kappos: Appellate Panel Confirms that PTO Is Miscalculating (Undercalculating) Delays in Prosecution and the Corresponding Patent Term Adjustment
- Dropping: Average Number of Claims Per Patent
- Means-Plus-Function Claims
- No Surprise: Broadly Written Means-Plus-Function Terms Limited to Structure Described in Specification
- Patently-O Bits and Bytes
- Patently-O Bits and Bytes
- Enforcing Contracts between Joint Owners: WARF v. Xenon
- Refusing to Stay Preliminary Relief Pending Appeal
- False Marking: Calculating Damages Part I
- Supervisory Patent Examiners: Rethinking their Role