2013–2014
1,210 posts
2014 653
December 2014
- Lawyer Threatens to Post Negative Internet Reviews to Get Money from Former Firm: OED Steps in
- Guest Post by Prof. Chiang: A Response to Hrdy and Picozzi
- Federal Circuit to Review Defense of Laches in Patent Law
- Guest Post by Camilla Hrdy on The Interpretation-Construction Distinction in Patent Law
- The Huge Assumption in 101 Jurisprudence
- Comments on the “Real Name” Experiment
- The Interpretation-Construction Distinction in Patent Law
- What Makes a Proper “Error” for a Reissue Application?
- The Malleability of Patent Rights
- Transitions: Hal Wegner
- More on Willfulness
- Supreme Court: Problem of Divided Ownership
- Promega v. Life Tech: Enablement and Open Claim Elements
- No Willful Infringement Since Infringer’s Litigation Arguments were “Not Without Reason”
- Inventing to Nowhere
- Iowa Innovation, Business & Law Center
- Federal Circuit: Next Round of Myriad Patent Claims Are Also Invalid
- IP as a Corporate Human Right
- IP5 Annual Report
- Trademarks: You Don’t Own the Word – Just the Right to Avoid Some Market Confusion
- Examination Guidelines on Patent Eligibility
- DDR Holdings – Federal Circuit Forges a Sensible Path on Software Patents
- Supreme Court to test its Spidey-Sense in Patent-Antitrust Case
- Obviousness: Analogous Art and Hindsight
- Article on Georgia’s New “bad faith threats of infringement” statute
- Lawyer Misses PCT Date, So Deletes Claim for Priority without Consulting with Client: Disciplined
- It is Time to Confirm Michelle Lee
- Patentee Seeks Cert Due to Mediator’s Failure to Disclose Conflicts that CAFC Held Breached Mediator’s Duties and Undermined Trust in Mediation
- Next Steps in Shifting Pleading Standards for Patent Cases
- Federal Circuit Supports USPTO’s Refusal to Withdraw Terminal Disclaimer
- Director Michelle Lee: Confirmation Hearing
- Federal Circuit Reverses District Court, Holds PTO Properly Refused to Withdraw a Terminal Disclaimer the Client did not Authorize
- Supreme Court Sanctions for Faulty Brief
- Not so fast: Phase III Biosimilar Clinical Trial & Infringement Threat does not Create Justiciable Case or Controversy
- Slicing the Bologna: Judge Chen Distinguishes this Business Method from those Found Ineligible in Alice, Bilski, and Ultramercial
- USPTO Patent Grants
- Commil v. Cisco: Cert Granted as to Invalidity and Inducement Issues
- Ericsson v D-Link: Standards, Patents, and Damages
- Sidley: Docket Text “Affirmatively Misled” us so None of the 18 Lawyers who Received It Needed to Read the Actual Orders
- Law Firm: Because Third Party Patent Annuity Company Actually Missed the Deadline, We Can’t be Liable for Covering it up.
- Throwback Thursday: 1993 Patent Application Pendency
- Williamson v. Citrix: Means-plus-function, presumptions, and “nonce” words
- Federal Circuit Continues to Support Claiming Pharmaceutical Function
- Guest Commentary by Prof. Peter Menell: Appellate Review of Patent Claim Construction and Institutional Competence
- Patent Reform: Impact of Alice on Business Method Patents
- Brilliant New Book on Ethics in Prosecution 2015 Edition Out Now!
November 2014
- USPTO’s Swelling Examiner Rolls
- The Reines Matter: My Long-Promised Post.
- USPTO Backlog
- Patent Jobs 2014
- Vail 2015
- Stays Pending Review
- Looking at Inter Partes Reviews
- Notes from the Patent Public Advisory Committee Meeting
- Issue Preclusion in Relation to a Larger Patent Portfolio
- Bragging on Mercer Law School, Home of the 2014 Giles Rich Scholarship Winner
- Moving Toward Unified European Patent Enforcement: Leaping Another Hurdle
- Patent Litigation Rates
- Reissue Patent with Shifted Claim Focus Invalid: Not “clearly and unequivocally disclose[d] … as a separate invention.”
- USPTO Telework Abuses
- An Update on Patent Reform 2015
- Cracks in the 101 architecture?
- Federal Circuit: Novelty in Implementation of an Abstract Idea Insufficient to Overcome Alice
- Federal Circuit Vacates and Remands Death-penalty Sanctions under Rule 37
- Judge Kara Farnandez Stoll
- USPTO vs Hyatt: When an Applicant has Too Many Patent Applications
- Congressional Oversight of the USPTO
- Copyrighting Software? Google v. Oracle
- Part 1 of a Full Analysis of the Reines Decision: The Procedural Rules (edited)
- FTC Extracts Settlement from Notorious “Troll;” Seeks Public Comments
- Pending Patent Cases in Decline
- Two Upcoming Patent Law Symposia in D.C.
- Wild Inaccuracies in CAFC’s Opinion on Reines
- Patent Ownership and Standing: Legal Title vs Effective Title
- Court Publicly Reprimands Ed Reines, Recipient of Email from then-Chief Judge Rader (to be updated)
- The Ethical Issues Caused by Devaluation of Patents by Alice and CLS
- Patent Reform 2015: Republican Agenda
- Patenting vs Secrecy: Impact on Company Financing
- Guest Post by Prof. Osborn: Infringement by Sales and Offers to Sell
- Lessons I’m Learning at the IPMI Conference: Change Blowing in the Wind?
- PTAB: If a prosecution bar doesn’t say it applies to PTAB proceedings, then it doesn’t.
- The Medicines Co. Sues Over Missed FDA Deadline on Angiomax
- Gray-Le Coz and Duan: USPTO’s Immediate Implementation Alice v. CLS Bank
- Top Patently-O Subscribers
- US Government Secrecy Orders
- The Demise of the Whereby Clause
October 2014
- Supreme Court: A Web of Post-Issuance Licensing Restrictions
- Patent Attorneys Face Multiple-Jeopardy
- Software Patenting: Are you Smarter than a Fourth Grader
- Rise of Computer Patents
- More Engineers => More Patents
- Proposed Amendment to Fed. Cir. R. 50 to Affect Future Clerks
- Bucking the Trend: Security Software Patent Not Yet Ruled Ineligible
- Economics: Explaining Reverse Payments in ANDA Litigation
- The Patentee’s Risk of Multiple-Jeopardy
- Software as an Abstract Idea
- Reduced Average Patent Life
- US Government Volunteers to Pay for Infringement by Japan Airlines
- The Number of U.S. Patents In Force
- Upcoming Events and Recent Job Postings
- Sorting Out Sections 284 and 285
- Supreme Court: A Good-Faith-But-Incorrect-Belief that the Patent is Invalid
- Considerations for International Inventions – Foreign Filing Licenses
- Proving Non-Obviousness with Ex-Post Experimental Evidence?
- Federal Circuit: Absent bad faith, court cannot condition allowing patentee to supplement preliminary infringement contentions upon paying accused infringer’s fees
- Post-Octane: What’s Happening with Fee Awards?
- The Vast Middle Ground of Hybrid Functional Claim Elements
- Another Prosecution Bar Case, but With a Twist
- How is Patent Litigation like Baseball?
- Director Michelle Lee
- Guest Post by Prof. Shubha Ghosh: Are South African Yellow Canaries a Question of Law or Fact?
- Teva v. Sandoz and Claim Construction Deference
- Inventing Solutions to Global Disease & Poverty
- Allison, Lemley & Schwartz on Patent Litigation
- The Role of Patents in the Emerging Market for Venture Lending
- Nobel Prize in Patent Law
- NYU Engelberg Center on Innovation Law and Policy looking for Executive Director
- What is the Particular ‘Value’ of FaceTime?: Thoughts Provoked by Discussion of VirnetX v. Cisco and Apple
- Status of US Patent Applications
- New Jobs
- Right Round: Comparing US and European Software Patent Eligiblity
- ABA IP Scholarship Symposium: Call for Papers
- Call for Papers
- A Major Drop in Patent Infringement Litigation?
- STC.UMN v. Intel: Co-owners are necessary parties but may not be involuntarily joined
- The New Role for Post Grant Review Proceedings (PGR)
- Moving Toward A Way of Searching Through Cited References
- Integration vs Filtration: Federal Circuit Asked How to Determine Eligibility
- Get Your Own Statue of Chief Judge Rader (Bobblehead)
- Berkeley Center for Law and Technology is looking for an Executive Director
- US Patents: Where are the Inventors Located?
- Update: Using IPR to Manipulate the Stock Price of Patentees Which Won in District Court
- Court Affirms Inequitable Conduct for Inventor’s Failure to Submit Prior Art
- Judge Gilstrap Holds Firm has Only Partial Lien on Proceeds from Representing NPE Patentee
- BPCIA Ethical Issues?
- Hearing on Ohio Bill to Protect Against Frivolous Patent Suits.
- For Patents, It Still Comes Down to the Jury Verdict
- K&L Gates says no conflict but withdraws anyway
- Double Patenting when you have a Common Assignee but No Common Inventors
- Would you like 10,000 Cloems with that Patent?
- Hunter Douglas Sues In-House IP Lawyer for Bilking it out of Millions by False Invoices from Sham Search Entity
- Upcoming Events
- Your turn to vent: what do you see in written communication that bugs you?
September 2014
- USPTO Breaks New Ground with 300,000 Patents Issued This Fiscal Year
- Doctrine of Equivalents: What Elements Are you Narrowing?
- Patenting Software in the US as compared with Europe
- Speeches this week
- Patent Invalid for Unduly Preempting the Field of “Automatic Lip Synchronization For Computer-Generated 3D Animation Using a Rules-Based Morph Target Approach”
- Eligible Software Patents
- 11th Circuit: Because Client Loses Faith in Lawyer, and so Lawyer Quits, Lawyer Still gets Contingent Fee
- Law Schools and Clinical IP Hiring
- YODA: You Own Devices Act
- Facebook’s Privacy Patent
- Software Business Method Patent Fails Again
- Does Obviousness Type Double Patenting Survive the AIA?
- What would you ask a District Judge?
- The enfant terrible?
- In Memoriam: Donald Quigg
- Federal Circuit Defies Supreme Court in Laches Holding
- Bits and Bytes from Dennis Crouch
- Design Patents §103 – Obvious to Whom and As Compared to What?
- Survey on Fields-of-Study for Patent Practice
- Important Damages Opinion: VirnetX v. Cisco and Apple
- Is VPN Software Patent Eligible?
- Amending 101?
- Interval Licensing v. AOL: Post-Nautilus Indefiniteness
- Finding the limits of ineligibility
- Company sues Kilpatrick Townsend, Claiming Firm Gave its Secrets to a Client to Patent
- Why FRAND Commitments are Not (usually) Contracts
- OED reprimands lawyer for unreasonable fees, improper fee division, and related issues.
- Nice Summary of the 101-based “Invalidity” War on Software Patents
- Section 101 Invalidates Another Financial Services Patent
- Law Prof Ethics and Publications: a Rant
- The Abele test
- Abstract Idea: I know it when I see it
- Libertarians Moving Against Patent Rights
- Moving Toward a Better Patently-O Ecosphere
- Sequenom v. Ariosa: Invalidating the patent on Non-Invasive Pre-Natal Genetic Testing
- Practitioner’s Non-Lawyer Assistant Signs Documents, Fabricates, E-mails: OED Acts.
- 101 Decision on the Pleadings: ECommerce Patent Ineligible
- New Abstract Ideas?
- Procedure and 101: I haven’t ranted in a while.
- Judge Bryson: Computerized Loyalty-Point Conversion System Not Patent Eligible
- Australia: Myriad Gene Patents Look Good
- Buy Your Opponents’ Computers at Auction and then Have Fun!
- Failure to Disclose Adverse Litigation Claim Constructions During Ex Parte Reexam States Inequitable Conduct Claim
- New Section 101 Decisions: Patents Invalid
- Federal Circuit Falls in Line: Supporting Strong Limits on Patent Eligibility
- Guest Post: Knowing what is Known and Knowable
- Guest Post: The Case Against Federalizing Trade Secrecy
- Patent Grants
- Amicus Briefs at the Supreme Court as Dubious Sources of Fact
- Calling Patent Attorneys to Pro Bono
August 2014
- Case dismissed as sanction for misrepresentations
- Recent Patent Transfers
- What to do About All These Invalid Patents?
- Here’s a Fun One: Judge Hughes Reversed for Imposing Sanctions on Patentee
- Alice Corp. and Patent Claiming: A Simple Example
- Reading Between the Lines of Octane
- Federal Circuit: Bingo Gaming Software Improperly Encompasses the “Basic Tools of Scientific and Technological Work”
- Ready to Nationalize Trade Secret Law?
- Federal Circuit Reminds Courts of Discretion on Fee Awards
- Guest Post by Prof. Risch: A Generation of Patent Litigation: Outcomes and Patent Quality
- Giving Effect to the Order of Steps in a Method Claim
- Guest Post: Publishing Design Patent Applications: Time to Act
- News Flash: Don’t go to the Jury Assembly Room to Observe Jurors.
- Should You go to Law School?
- Accelerating ex parte PTAB Appeals: For a Fee
- Court Finds Patent Invalid; Then Orders Defendant to Stop Infringing
- Myriad Patents Now Challenged at the PTO
- USPTO RCE Backlog Coming Down
- Upcoming Events
- One More Reason Not to Litigate Patents Your Firm Prosecuted
- Judge Mayer Raises 101 When Not In Issue: Other Panelists Don’t
- Federal Circuit Panel Unanimously Affirms Inequitable Conduct
- Non-Patent Friday
- Areas of Disuniformity in US Inventorship
- Schlumberger claims ex-inhouse IP counsel took trade secrets to Acacia; She SLAPPs back
- Intel Successfully Defends its Patent Case but Owes its Own Attorneys $9 Million for the Defense.
- Rule 36 Summary Affirmances
- OED Activity… Not Much
- Does PTAB have 101 Authority in CBMs?
- State of Vermont’s Demand Letter Case against MPHJ Continues
- Update on Patent Grant Rates
- Senators to Pritzker: Patent System Needs More Clarity and Transparency
- Patent Grant Rate by Technology Area
- Telework: How much did you work? Nobody Knows!
- White House Seeks Input on Innovation Strategies
- More Inventors Increases Likelihood of Patenting
- USPTO Continues to Reduce Patent Term Adjustments
- Specification describes machine with sensors – Can you omit the sensor limitation in the claims?
- Another District Court Struggles with Whether a Pre-AIA Prosecution Bar Applies to IPR Proceedings
- Update on USPTO’s Implementation of ‘Alice v. CLS Bank’
- A Few Problems at the PTAB
- A ray of hope for embryonic stem cell patents in Europe; and the 4 things you need to know
- Pendency from Filing to First Action
July 2014
- Jay Walker: Fix the Licensing System
- Why the USPTO still has no director
- Supreme Court Patent Cases Per Decade
- Patent Prosecution Bars: My New Article
- Interpreting Claims Against The Drafter
- Alice being Applied to Allowed but Unissued Patents
- Intellectual Property in an Independent Scotland
- Trade Secrets, Trademarks, and Interstate Commerce
- USPTO Moves to Strongly Enforce Eligibility Limitations
- Data Structure Patent Ineligible
- SEC Charges Company with Fraudulently Lying about its Patents
- Federal Circuit: Administrative Agencies Can Make Rules, But Must Also Follow Them
- Jurisdiction over Contempt Finding
- Applicant’s IDS Submission of Litigation Documents Constituted Disclaimer
- Studying the Mongrel: Why Teva v. Sandoz Won’t Solve Claim Construction
- Federal Circuit affirms Rule 12 dismissal of a design patent case
- Federal Circuit Orders District Court to Stay Litigation to Await Conclusion of Later-Filed Post-Issuance Review (CBM) Proceeding
- Federal Circuit Sends Patent Case to Eighth Circuit
- A Law Prof’s Widow Looks Back
- Patently-O Bits and Bytes by Dennis Crouch
- Compulsory License as a Remedy for Trade Secret Misappropriation
- Ninth Annual Door County Intellectual Property Academy
- Federal Circuit: How Not to Describe the Invention
- Alice, Artifice, and Action – and Ultramercial
- Patent Examiners and Litigation Study
- Guest Post: Selectively Targeting the Patent Troll Problem
- Federal Circuit: You Don’t Infringe . . . You Still Must Pay for Infringing
- Looking for Volunteer Tech Assistance
- The Written Description of a Trade Secret
- Federal Circuit: To Satisfy the Written Description Requirement, a patent “must at least describe some species representative” of the accused product.
- Going to be on Vacation and in Argentina Teaching, so Posts will be Sparse for a While
- Federal Circuit: Now is Not the Time to Judge the Constitutionality of the First-to-File Patent Regime
- New Headlines from Patently-O
June 2014
- An Open Letter from Judge Rader
- Taming the Mongrel: Aligning Appellate Review of Claim Construction with its Evidentiary Character in Teva v. Sandoz
- Panel asks Highmark Litigants for Additional Briefing on Remand
- Federal Circuit will again review the Subject Matter Eligibility of Ultramercial’s Internet Advertising Patent.
- Alice in Patent Land
- Opening of the Rocky Mountain Patent Office Raises Denver’s Profile as Center of Innovation
- Tom Bell on Copyright
- Teva v. Sandoz: Teva’s Opening Merits Brief
- Teva v. Sandoz: Standard of Review for Claim Construction(?)
- Marlboro Man Seeks to Snuff Out t-Shirt Maker
- PTO Issues Alice-based Examination Instructions
- PTO Puts Out Guidelines On Alice
- If you thought Alice v CLS Bank lacked a useful analytic structure
- Hindsight in 101 Jurisprudence: an early morning half-baked thought or an insight?
- Federal Circuit Holds Mediator Violated Duty of Disclosure, but Relief Under FRCP 60(b) Unwarranted
- The Three Faces of Prometheus: Alice and Generic Application
- The Supreme Court’s Alice Decision on Patent Eligibility of Computer-Implemented Inventions: Finding an Oasis In the Desert
- SCOTUSblog symposium on Alice v. CLS Bank
- Which Side of the Mushroom did Alice Eat From?
- CNN on 10 Cool Inventions
- Guest Post by Prof. McKenna: The Implications of Blackhorse v. Pro-Football, Inc.
- Article in Wisconsin Bar Journal about that State’s Anti-troll Efforts
- Alice v. CLS Bank: Claims Invalid Under Section 101
- CLS Bank is out
- A REDSKINS football team is Disparaging to Native American Persons and thus Cannot be Registered as a US Trademark
- Redskins mark cancelled
- Patent Agent and Criminal Defense Lawyer? Not.
- Indefiniteness “Can Be” Difficult under Nautilus
- Regional Director Russ Slifer
- Judge Rader on Judge Rader’s Retirement
- Tesla Motors and the Rise of Non-ICT Patent Pledges
- Upcoming Events with the IPO
- Akamai: Is the Answer in the Common Law?
- Judge Rader Retires
- Study on Patent Trolls and the Criticism Begins
- The Proper Role for the Presumption of Validity
- Mercer Receives ABA Gambrell Professionalism Award
- Tesla’s Patents are Your Patents
- Judge Chen and Nonobviousness
- “Mine-run” and other puzzles
- Guest Post: The Rise of The End User in Patent Litigation (and Attorney Fee Shifting)
- Struggling with Nautilus: Patent Claims Through the Eyes of Non-Lawyer Technologists
- Presidential Elections: Campaign IP Enforcement
- Judge Hudson (E.D. Va.) Agrees with Google that Prosecution Bar Should Cover CBM
- Biosimilars, Ethics, and my Takeaways
- Examples of Nautilus Impact
- The Market Effects of Recent Patent Law Revisions
- On my way to speak in NYC at the Biosimilars Conference on Ethics
- How will Nautilus affect indefiniteness at the PTO?
- Court Affirms Rule 11 Sanctions for Frivolous Claim Construction, Infringement Position
- Federal Circuit: In order to appeal USPTO post-grant decision, third party requestor must show “injury in fact”
- Cartoons on How the IPR Process Works from Perkins Coie
- Ego, Law, and Justice Alito’s Opinion
- Hump Day Humor: Deposition on what is a photocopier.
- Supreme Court asks for SG’s Views on Hearing Another Inducement Case
- Judicial Error and Justice Alito’s Hypothetical in Limelight
- Is the Federal Circuit Really Worse Than the Cubs?
- Patent Reform 2014: Removing Non-Practicing Entities from the USITC’s Jurisdiction
- No Patent Office Director – 486 Days Later
- Two new Supreme Court Patent Decisions
- Supreme Court: To Be Valid, Patent Claims Must Provide Reasonable Certainty Regarding the Claim Scope
- Oregon Supreme Court Permits Patent Firm to Claim Privilege Over Communications with Internal Counsel
- Supreme Court Rejects Expanded Inducement Doctrine
- Patents as Collateral
- Federal Circuit: Firm Cannot Switch Sides in Patent Case
- The OED as Troll Hunter?
May 2014
- UseNet is Prior Art
- An Open Question: Can Counsel be Liable Under 285?
- Guest Post: Defend Trade Secrets Act — A Primer, an Endorsement, and a Criticism
- K/S HIMPP v. Hear-Wear Technologies: Common Sense and Claim Elements
- Motions Panel Denies Writ to Overturn Disqualification of Firm
- Guest Post: PTAB Partial Institution of IPR and CBM Review Violates the AIA– But There Is a Simple Fix
- Speaking Friday at Colorado Rocky Mountain IP Meeting
- A Risk of Moonlighting
- Patently-O Bits and Bytes by Dennis Crouch
- Some Post-Holiday Humor
- SmartGene v. Advanced Biological Laboratories
- Patent Application Pendency (Timing from Priority Date)
- What is a Fair Share for Inventors?
- A Warm Welcome to Chief Judge Prost
- Chief Judge Rader stepping down as Chief as of 5/30
- Some Thoughts on 285 Post-Octane
- Patently-O
- DLA Piper Email Issue
- Akin Gump wins verdict in TS case for client then learns evidence fake and so withdraws and confesses
- Patents Issuing with No Assignee
- Bad Client Review on Avvo or Whatever? Think Twice Before Responding
- Patent Reform 2015
- Fee Shifting as a Risk Management Exercise
- What Issues Involving Money do “Your Friends” Confront?
- Applicant-Assignees
- Trade Secret Subject Matter Eligibility
- Supreme Court: In Copyright, Laches Cannot Preclude Actions Taken Within Three Year Statute of Limitations
- PTO: Business Method Patent in 100 Days
- Chart: Claims Per Application
- Speaking Monday at the Minnesota IP Section’s “Stampede”
- Justice Scalia on Legal Education
- Redskin Great Can’t Call Himself That.
- Friday Afternoon Rant
- McKool Smith, Client Agree Firm Can Withdraw: Judge Says No.
- Kelley Drye Misses First Step in Collecting $14 Million Fee from Client
- Fee Shifting in the Future
- Baker Botts responsible for $40m damages to client, but claim barred by limitations
- Hogan Lovells Files Petition to Compel Arbitration of Dispute with Former Client
- Williams & Woelker on Fee Shifting | Hricik News
- En Banc Federal Circuit to Review ITC’s Power over Induced Infringement
- Speaking at the Philadelphia Intellectual Property Law Association Meeting Tonight
- Guest Post: Federal Circuit Blocks Trademark for Being Disparaging to Muslims
- Interesting New York Case on Interplay between Statutory Fee Awards and Contingent Fee Agreements
- The Veil Over Camelot
- Why You Should Give Only the Best Legal Services But Not Promise to Do So.
- Seeking Reexam for a Third Party of a Patent You Obtained for a Former Client
- Guest Post: Are APIs Patent or Copyright Subject Matter?
- Monday Morning Rant
- Calculating Fee Awards
- 35 USC 282
- More on Claiming Clones: Products of Nature and Source Limitations
- Patent Rights are a Marital Asset and Non-Inventing Spouse is a Co-Owner
- Spouses of Inventors as Co-Owners
- Sanctions in Monsanto Case Against DuPont for Factual Misrepresentations Upheld
- Federal Circuit Supports Dual Patent/Copyright Protection for Interface Software
- Kalo on the main page, and some thoughts learned from Jonathan Turley
- Claiming Clones
- Funk Brothers v Kalo – Eligibility or Unobviousness?
- Did Therasense bury burying?
- An Update on Therasense and Exergen
- The Price Elasticity of Demand for Patents
- Microsoft v. DataTern: Judge Rader’s Dissent Withdrawn
- Federal Circuit Implements Low Standard for Prima Facie Indefiniteness Rejection
- Comparative Patent Remedies
- Court to Employer: No Paper, No Assignment
- Akamai
- Supreme Court Reinstates $6.6 Million Attorney Fee Award
- Biosimilars Ethics?
- Psm
- The Order Dismissing for Lack of Subject Matter Jurisdiction the Texas Conflicts Case
- Penn State’s Auction Fail
- An Aside: The State of Legal Education, the Impact of USN Rankings on Science/Math Majors
- Nice short piece on the risks of AIA transition & 102/103 and malpractice
- Discussion Fodder
- Attorney Fees Awarded Following Consent Decree
- Patently-O
- $50m Conflict of Interest in Prosecution Case being Tried in Texas
- Opportunity Lost: Economic Analysis in Apple v. Motorola
April 2014
- Fee Shifting: First the Supreme Court, Now Congress
- Supreme Court Takes-On Question of Joint Infringement
- Today is Dennis’s Birthday
- Kappos to Lincoln
- Expanded Disclosure Obligations for Inequitable Conduct Due to USPTO Rules?
- Digital Patent Infringement and the ITC
- Octane is Out
- SCOTUS: District Courts Have Broad Discretion in Awarding Attorney Fees in Patent Litigation
- Oral Arguments: Can the Supreme Court Force Clarity in Claim Scope?
- Watch the #StopBadPatents Commercial
- District Courts and Patent Cases, Part I
- Join Me, Mark Lemley, Judge Reyna and Many More in Colorado in June
- GWU Students Consider IP Careers
- Federal Circuit: Jury Must Award Damages for Infringement
- Congratulations to the Winners of the Giles S. Rich Patent Moot Court Competition
- ABA: Lawyers Can Look at Jurors’ Facebook Pages, But Not Try to Friend Them.
- Fifth Circuit Affirms Summary Judgment of No Malpractice Liability
- Patently-O
- Preempting Patent Reform
- Transfer on Mandamus
- Four Opinions Defining “a Patient” and Is a Natural Phenomena an Act of God?
- Court Expands Doctrine of Obviousness Type Double Patenting
- Naming Yourself as an Inventor
- Proving Obvious with Post-Filing Evidence?: Yes
- CAFC Affirms Adverse Inference Instruction Due to Spoliation
- Dicta about lawyers never being inventors on their clients’ applications
- Interesting Opinion Piece on Prosecution Bars
- Searching for a Lien on a Patent
- Preliminary Injunction Can Issue Even Though Patentee Does not Practice the Invention
- Over on the main page…
- Guest Post by Prof. Sichelman: Stop Bashing Academics: Why Mark Lemley, Peter Menell, and Rob Merges are Highly Qualified to Teach and Write about Patent Law
- Curbing Trolls by Reforming the Patent Marking Statute
- Off-the-Record Examination: Is Conventional Wisdom Wrong?
- Why No Patent Revivals?
- Substantial Unresolved Issues Unravel Preliminary Injunction
- Individual Inventors, Corporate Owners
- CAFC Affirms Section 285 Sanctions Without Citing the (incorrect) Brooks Standard
- Medtronic: Patent Enforcement will Kill Patients
- Making Examiner Interviews Transparent
- The PTO’s Role (none) in Defining the Elements of Unenforceability.
- Patent Grant Numbers
- Interesting Article Providing Data Analyzing Exergen/Therasense’s Impact
- Means Plus Function: What Structure are you Referring To?
- Speaking Saturday North of Atlanta on Conflicts in Patent Work
- Book Review: Building Better Babies by Michael de Angeli
- Speaking at the June NYC Conference on Biosimilars
- Patent Reform: It’s now or never?
- Claiming Priority to Provisional Applications
- Patenting a Data Structure?
- High Level Patent Reform
- Fee Shifting
- Microsoft v. DataTern: Declaratory Judgment Jurisdiction and End User Lawsuits
- Reminder on AIA-Transition Applications
- PatCon 4: The Patent Troll Debate
- Judge Robinson Finds Patentee Violated Rule 11 for Asserting a Claim that Required “printed” Material Covered Amazon’s Kindle
- N.D. Cal. Magistrate Permits IPR Participation, but not Amending Claims, under Narrow Facts
- Senate on Patent Reform
- Supreme Court on Patent Law
- “Partnership for Innovation” — big companies seeking patent reform
- Design patent nonobviousness jurisprudence — going to the dogs?
- Retailer Lawsuit May be Severed and Stayed Pending Outcome Against Manufacturer
- Interesting North Carolina opinion: Clients may be entitled to e-files in a preferred format
- Guest Post by Prof. La Belle: Demand Letters, DJ Actions, and Personal Jurisdiction
- 2d Edition of Ethical Issues in Patent Litigation now available!
- My paper on judicial ethics and social media, the Internet, etc., now available
- Hricik on Ethics
- Giving a webinar on conflicts in prosecution, opinions, litigation on April 2!
- Patent Reform Moving Forward in Congress
- A random thought about CLS Bank’s Oral Argument
March 2014
- Unpatentable: See Bilski, Mayo, Flook, and Benson
- Supreme Court to Consider De Novo Review of Claim Construction
- Supreme Court to Address Standard of Review for Claim Construction
- Alice Corporation Pty. Ltd. v. CLS Bank International
- Client, Firm Lose 12(b)(6) Motion to Inventor who Claims Firm Stole his Trade Secrets
- Preclusion in Patent Litigation
- Co-Owners Messing with Patent Rights
- New York State Bar Issues “Guidelines” on Lawyer Use of Social Media
- California Opinion Enters the Fray on What is Puffing, What is Fact, in Negotiations
- Patent Glossary Pilot Program
- New York Ethics Opinion: You can pay for physical evidence, but….
- Federal Circuit: An Author is not an Inventor (And Thus, a Claim of “Authorship” Does Not Raise an Inventorship Dispute).
- Supreme Court Opens Door on Unfair Competition Lawsuits
- What I Learned at the Emory Troll CLE
- Virginia Legislature Passes Anti-Troll Bill
- Judge Robinson Issues Prosecution Bar Regarding IPR, Etc.
- Senate to start moving again on patent “transparency” bill
- Speaking Monday at Emory on Troll Litigation
- The meaning of “intellectual property”
- Patently-O
- Presidential Innovation Fellowship for USPTO Data Initiatives
- Bose v. SDI: Post-verdict intent
- What does the Constitution mean by “Discoveries?”
- Judge Kozinski Reversed by Federal Circuit: Google May be Liable for Street View
- Gone Fishing: 25 year old patent application rejected again
- EPO: Lies, Damned Lies and Statistics
- I’m on Spring Break!
- PatCon 4
- Guest Post: Patent Remedies Should Not Depend on a Patentholder’s Business Model
- Upcoming Events of Interest
- Judge Michel’s Brief in CLS
- Judge Posner Slams Lawyers, Issues Show Cause Order, Suggests Discipline
- Software Patent Eligibility: Alice Corp v. CLS Bank on the Briefs
- Should the Claim Construction Standard for PTAB Post-Grant Proceedings Be Changed?
- Footnote 11 in Pfaff
- The Downstream Effect of Owning an Invalid or Unenforceable Patent
- Danisco v. Novozymes: DJ’s and pre-issuance activity
- A Patentee Must Prove Infringement (Or Else Lose)
- Obamacare and Innovation: #GeeksGetCovered
- Scholarship: What Patent Attorney Fee Awards Really Look Like
- Today’s Supreme Court [Land] Patent Decision
- Ongoing Royalty against Apple: Higher than Back Damages and Willfulness a Given
- AOL’s Sarah Harris to be USPTO GC
- USITC Asks En Banc Federal Circuit for Power to Block Imports Whose Distribution Induce Infringement in the US
- Court: Claim Term Lacks Definiteness but is not Legally Indefinite
- In Memoriam: Prof. Sarah Tran
- Federal Circuit to Take on Corporate Law Question of CEO Liability for False Submissions
- Sarah Harris as Next USPTO General Counsel
- Thank you foliovision
- Speaking Monday at Akron Ohio at the Sughrue IP Conference
- Examining Eligibility: USPTO Guidelines on Products of Nature, Laws of Nature, and Natural Phenomena
- Apple Loses on Claim Construction and Indefiniteness
- Daughter breaches confidentiality clause in settlement agreement of suit by Facebook post.
- You can be friends with a judge, but can you be “friends” with a judge?
February 2014
- With check from settlement from car wreck case in hand, lawyer commits suicide; lawyers with whom he had fee sharing agreement on that case contend that voided their agreement
- My exhaustive (and last, really I promise!) post about why 101 is not a defense, nor properly raised in CBM proceedings
- Federal Circuit Splits on Venue Transfer Issues
- Man Disrupts Oral Argument at Supreme Court on 285 (humor alert)
- Industry Responds to White House Calls for Prior Art, Examiner Training
- 285 at the Supreme Court
- Supreme Court on Fee Shifting – A review of Oral Arguments in Octane Fitness and Highmark
- New 101 case… scares me…
- Federal Circuit: Enablement More Difficult When Invention Faces Skepticism
- More USA Jobs
- More About the OED Jurisdictional Reach
- Patent Plaintiffs May Welcome More Fee Shifting
- Federal Circuit: Patent Case May be Transferred to Court with No Personal Jurisdiction over Plaintiff
- Means-Plus-Function: Invalidity Needs Expert Testimony
- Webinar on Functional Claiming
- Deserving of Attention: The Proposed Abrogation of Civil Rule 84 & the Official Forms
- Patently-O Bits and Bytes by Dennis Crouch
- Lighting Ballast: Deference Would Have Only Masked the Problems
- “Inventive Concept” and the Hot-Blast Cases
- En Banc Federal Circuit Confirms Cybor: Claim Construction Reviewed De Novo on Appeal
- Two Upcoming Conferences
- Duty of disclosure Questions?
- Executive Action For Patent Reforms
- White House Fact Sheet on Patent Reform
- Ring & Pinion v. ARB: No Foreseeability Limitation on DOE
- Patent Reform 2014: Via Executive Action
- Contribution and Indemnity Under the IP Laws
- Speaking tonight at the IP Inn of Court in Austin
- The Value of Open Data for Patent Policy
- Disjunction in IP Litigation: Patent Courts are not Copyright Courts
- Howrey Bankruptcy Court: Trustee can go after billables collected from firms where Howrey’s partners went
- Broader Dependent Claims?
- Patently-O
- Patent Law Jobs
- Pendency of Patent Infringement Litigation
- Upcoming Supreme Court Arguments
- Monday Morning Rant: Law Professors’ Writings.
- The Solicitor General on Section 285 in Octane: he got it right!
- 3M & GE: Defendant Litigation Practices are Just as Bad Nuisance Settlement Trolls
- What is Intellectual Property Law?
- Patently-O
- Law Professors Opposed to Amendments to FRCP; Defense Counsel In Favor
- Micro Entity Status: Who is Filing for Micro Entity Status?
- Patent Reform: MBHB Webinar
- Patents as Community Property?
- Micro Entity Early Stats
- Heightened Pleading Requirements: Patent Reform through the Supreme Court and Judicial Conference
- Federal Circuit to PTAB: New Factual Findings Required Following Amended Claim Construction
- Nice piece reminding us on privilege when ownership of entities changes.
- OED’s jurisdictional reach: 1985 versus 2014
- Whither the USPTOs Authority to Require Ownership Recordation
- AIPLA’s brief in CLS Bank
- Legislation to curb abuse of post-grant proceedings?
- Attorney Fees: Litigation Misconduct But No Fees Awarded
- Exela takes its Collateral Patent Challenge to the Federal Circuit
- Patent Case Filings: Slow Start in 2014
- Proposed Rules: Identify the True Owner on Pain of Abandonment
- Speaking in Arizona on February 6 on Ethics
- Analysis of 2013 Board Decisions Regarding ‘Configured to’ Language
- The Next Patent Office Director …
- PTO puts out for notice & comment rules requiring identification of “attributable owner” of applications
- OED Director’s recent comments on customer number practice
- Dissenting over Internal Procedures at the Federal Circuit
- Federal Circuit: The Term Receiver (found once in the specification) Sufficiently Discloses the Claimed Receiver and Receiver Means
- Medtronic: Much ado about nothing in light of Frolow and “Marking Admission”
- Warranty of Non-Infringement
- Indefiniteness at the PTAB
January 2014
- Priority Claims in US Patents
- The Paramount Interest in Seeing that Patent Monopolies . . . are Kept Within their Legitimate Scope
- Quinn Firm Sanctioned, but not Samsung, for Disclosure of Apple Licensing Info
- SmartGene v. ABL: Foreshadow of the Supreme Court in CLS Bank?
- A trap for the unwary: Indemnity obligations may create privity for purposes of IPR
- Philadelphia Ethics Opinion on Departed Partner’s Email
- President Obama on Patent Law
- Power Grab?: USPTO Says No Appeal (CW v. WARF Part V)
- When Others Infringe Your Patent: Is it a Deductible Business Loss?
- ALL the Facts: PAEs are Suing Many More Companies
- Patent Types: Method, Non-Method, or Both
- Average Number of Independent Claims Per Patent
- Michelle Lee: USPTO to Push Administration Goals in both Prosecution and Litigation
- Functional Claim Language in Issued Patents
- Details Details: Defective Priority Claim Means No Priority Claim
- References Cited Per Patent
- Supreme Court Reverses Federal Circuit: Holds that Patentees Always have Burden of Proving Infringement
- What does it mean for a device to be “configured to” perform a particular function?
- Infringement vs. Trespass
- Jumbo Patents of 2013
- Federal Circuit: Claim Construction Should be Avoided Unless Associated with a Recognized Meaningful Case Outcome
- More information on the Novartis v. Lee Change in Patent Term Adjustment
- Jury Trials in Patent Cases
- Old Applications; New Patents
- Sedona Conference Webinar – Patent Litigation Best Practices
- By dennis crouch edwards lifesciences v medtronic d delaware 2014 a delaware jury has awarded edwards lifesciences almos
- USPTOs Budget to Rise Significantly
- Jumbo Patents on the Decline.
- Yoga Patent & Patent Quality
- Scalia scolds newbie advocate….
- Nazomi v. Nokia
- Hyatt v. USPTO: Three generations of poor examination are enough.
- Readjusting Patent Term Adjustment
- Patent Troll to FTC: We complied with Rule 11, and so we’re suing you.
- N.D. Cal. Holds its Model Protective Order Covers IPR Proceedings
- Patent Trolls Storm the FTC
- European Patent Notes on Divisional Applications
- Acquired Patent Licensing: Guest Post by Prof. Risch
- Guest Post on Pacific Coast Marine by Prof. Sarah Burstein
- Random Thought about Fresenius, Races to Judgment, and Choice of Law
- Square Pegs, Round Holes: Guest Post by Mark Janis and Jason Du Mont
- Lawyer fails to correct Rule 131 Dec; Patent held unenforceable; lawyer agrees to discipline
- Supreme Court on Intellectual Property
- Quiet: Introverts and Patent Rights
- Patent Term Adjustment 2013
- Federal Circuit Claims Jurisdiction over Regulatory Decision but Denies Nationwide Injunction for State Law Infraction
- USPTO Approves of And/Or Claim Limitation
- USPTO Fees
- Utility Patents Granted in 2013: A New Record (For the Fourth Consecutive Year)
- One more Click: Settlement Agreement Revives Disney’s Business Method Patent
2013 557
December 2013
- Institut Pasteur: Federal Circuit Takes Hard Look at USPTO Board Factual Conclusions
- Speaking of Frivolous and Harassing Assertion of IP Rights Against Small Businesses…
- Verdict and Settlement
- Further thoughts on Fee-Shifting from Judges Rader and O’Malley
- Federal Circuit in Kilopass: Section 285 is not as rigid as Brooks Furniture Suggests
- Guest Post: So what if a True Invention Uses a Computer!
- Lawyers Challenge Constitutionality of Florida Advertising Rules
- Michelle Lee, Hal Wegner and Professor Scalia
- AIPLA to FTC: You’re Not Doing it Right.
- Top Patent Law Stories of 2013 (Webinar)
- Reading Patent Law
- “Top 10” Patent Cases of All Time
- CBT Flint v. Return Path: Applying 28 U.S.C. 1920(4) to E-Discovery Costs
- Patent Law Exam: Questions 2-4
- Proving Anticipation-by-Inherency: It is Hard
- Question 1 on my short-answer patent law final
- So long ITC for a number of cases?
- Amendments to FRCP 37 and 45: Foley’s Summary
- AIPLA Files Amicus Brief in Octane v. Icon on 285, Urging Supremes to Reject Brooks Furniture Test
- US Government Suggests that Supreme Court Reject Federal Circuit’s Divided Infringement Jurisprudence
- Director Michelle Lee: A Rough Start
- Another Fight Over The Procedure for 103: Galderma v. Tolmar
- Michelle Lee, Acting as Director but not “Acting Director”
- Nokia a “patent troll”?
- UK’s AG: Twitter, Facebook signal doom of fair trials
- Nice Short Piece on Spoliation
- Chisum on Patents: Abstract Ideas
- Rule 37 Sanctions against Amphastar in ANDA suit
- Supreme Court: The Right to a Jury Trial on Obviousness
- Rader/Chien/Hricik Op-Ed quoted by Judge Alsup
- More of my Rant about the CAFC’s Interpretation of Section 285
- Unpublished US Applications
- Ethics and Using Undercover Investigators to Ferret Out IP Infringement
- Is Software Patentable?: Supreme Court to Decide
- Is Your Alma Mater a Troll?
- Capturing the Consumer Surplus through Downstream licensing and Infringement Lawsuits
- Troll Bill Passes House
- Next Step in Patent Reform
- Legislative update.
- Humor: The Post Office’s Use of the Sexy, Sultry Vegas Version of the Statue of Liberty
- Constitutional Challenge to Administrative Patent Review – Part IV
- Court Strikes Answer of Accused Infringer Which, Among Other Things, Said it had not been a Real Party in Interest to an IPR Proceeding (to avoid estoppel) But Was Seemingly One
- Federal Circuit’s Most Frequently Cited Cases in 2013
- An Aside: The Relationship Between Negligent Misrepresentation and the Economic Loss Doctrine
- Interesting Malicious Prosecution Suit Based on Suit Over Filing of ANDA
- After Final Consideration Pilot (AFCP) Extended
- Apple, Nokia Propose Severe Sanctions Against Samsung, Quinn Emanuel for Alleged Breach of Protective Order
- The Interplay Between the Rules of Civil Procedure and Section 282
- Henry Ford, Patent Trolling, & the Goodlatte Innovation Act in Cartoon Form
- FTC to study trolls, seeks information.
- Strategic use by VCs, others, of IPR proceedings?
- Some more thoughts about Section 285
- Virtual Designs
November 2013
- Patently-O Bits & Bytes by Lawrence Higgins
- FLH Summarizes Senator Hatch’s Anti-Troll Bill
- California appellate court permits narrow exception to rule against non-assignability of legal malpractice claims
- Constitutional Challenge to Administrative Patent Challenges – Part III
- Can hitting “reply to all” violate Rule 4.2’s prohibition against ex part contacts?
- New Study on Trolls
- IP Law Professors Rise-Up Against Patent Assertion Entities
- Working on Second Edition of Ethical Issues in Patent Litigation
- PTO Transitions: Director and Deputy Director Positions Open
- Mullin on Spangenberg
- Ethics, Civil Procedure, and the Rules Enabling Act
- Shooting Blanks: Federal Circuit finds Knock-Off Manufacturer not a “Willful Infringer”
- Patent Reform 2013: Demand Letter Transparency Act of 2013
- Patent Reform 2013: Measured Reform Proposals from the Senate
- Ohio Willow Wood v. Alps South
- Design patents, trade dress & Apple III
- Keep those files handy: OED’s 10-year statute of limitations on discipline
- A Computer Encompassing a Human
- Judge Posner on Patents
- Federal Circuit offers Apple Second Chance to Block Sales of Samsung Galaxy Nexus Devices
- PTAB Appeals 10-Second Survey
- Nice short update on District Courts after Therasense
- Guest Post by Prof. Risch: Functionality and Graphical User Interface Design Patents
- PTAB Backlog
- A Few Upcoming Events
- Lawsuit Abuse Reduction Act of 2013
- Hricik on 101
- My second (belated) post about 101.
- Cisco on the Wrong Side of Xenophobia and Anti-Religious Jury Tactics
- Lawyer Can’t Quote Judicial Opinions Praising His Lawyering… so says New Jersey
- Recent Posts on Patently-O
- Independent Justification for Appellate Standing over Administrative Patent Challenges – Part II
- A First IPR Decision on the Merits
- Interesting new survey results from a timequalcomm survey of 10000 global consumers read here httpwwwqualcommcom
- Should you Transform Your Pre-AIA Application to an AIA Application?
- Independent Justification for Appellate Standing over Inter Partes Reviews
- Guest Post – PAEs under the Microscope: An Empirical Investigation of Patent Holders as Litigants
- Court Sanctions in Litigation Lead to OED Reprimand
- Substantial Evidence Rule Kills PTAB Appeals
- Apple v. Samsung: Samsung’s firm sends ‘outside counsel only’ information to Samsung Execs, who apparently use the information.
- Disuniformity
- One of my favorite malpractice suits.
- Tuesday: AIPLA Webcast on Spotting Conflicts in Patent Practice
- The Landscape of Proposed Patent Law Amendments – A Comparative Look
- N.D. Cal Examines Modification of Prosecution Bar to Allow for IPR Participation
- Bits & Bytes from Jonathan Hummel
- Summary of Oral Argument in Medtronic v. Boston Scientific by Prof. La Belle
- Exhausting Method Claims
- Troll cartoon.
- Chief Judge Rader’s Remarks at ED Tex Touch on Litigation Abuse, Trolls, 101..
- Judge Posner labels Firm’s Argument “Frivolous” and “Censures” Firm
- Speaking at the International Performance Management Institute on Monday in Carlsbad, CA
- Speaking Today at the 18th Annual Advanced Patent Law Institute in Austin, Texas
- Federal Circuit to PTO: Apply KSRs Broad Basic Mandate
October 2013
- Antigua Preparing to Move Forward with WTO Authorized Rejection of US Copyrights
- Warning: do not use political hearing video for a political purpose
- Section 337 Caseload and Win Rate Revert to Norms
- AIA Patents
- LinkedIn and Ethics – Florida opinion
- Federal Circuit: Patent Claims Broadened During Prosecution Fail Written Description Requirement
- Federal Circuit Affirms Denial of Fee Award Under the (Incorrect) Brooks Furniture Standard
- Innovation Protection Act of 2013
- Patent Reform 2013: Pending Bills
- Judge Denies Motion for Continuance to Party Who Needs New Firm Because Party Anticipates Litigation with Counsel of Record
- Intellect Wireless v. HTC
- Of possible interest: Capitalization of Litigation Costs by Contingent Fee Lawyers
- Challenging the PTO’s NonAppealable Decisions to Grant or Deny Petitions for Inter Partes Review
- Upcoming Fee Changes
- Bits & Bytes from Jonathan Hummel
- New Patent Legislation: Innovation Act of 2013
- Another Means-Plus-Function Patent: Invalid as Indefinite
- Interpreting the IPR Deadline; Conflicting PTAB Decisions; and Appealing Nonappealable Decisions
- A short observation about Ultramercial v. Hulu
- Update on Sony v. 1st Media
- Rep. Goodlatte releases second version of “anti-troll” bill
- Samsung Proposes a Patent Pledge to Settle EC FRAND Investigation
- The Meaning of Section 285
- Enforcing Injunctions: Perhaps Not so Powerful
- Supremes Deny Cert in Sony v. First Media: Update
- Ocean Tomo versus PatentRatings
- Naming Yourself as a Co-Inventor or Alone Patenting an Improvement on a Client’s Disclosure
- New Lawsuits: Gillette and P&G
- Federal Circuit Unanimously Affirms Inequitable Conduct, Teaching that Curing False Statements Needs to be Done Clearly
- An interesting response to Chief Judge Wood’s Question
- Patent Invalid for Failure to Claim “What the Applicant Regards as His Invention”
- Federal Circuit Affirms District Court’s Refusal to Allow Amendment of Contention Interrogatories
- What is Your Experience with Patent Assertion Entities and Patent Licensing?
- Intellectual Ventures and its 80,000 Patents
- Supreme Court Action Today
- Judge: Abolish Exclusive Jurisdiction of CAFC Over Patent Appeals
- Fascinating Split Decision on Impact of a Rule 36 Affirmance that May have Significant Consequences
- Mandamus granted ordering E.D. Texas to Transfer Case to Ohio
- Patent Law Federalism (Part II): Protecting the Free Speech Interest of Patent Owners to Conduct an Out-of-Court Patent Enforcement Campaign
- What is an Exceptional Case such that Court Should Award Attorney Fees?
- Government Shutdown & Patent Law Practice
- Prior Art for Obviousness
- Here is a Good Lesson for Everyone
- Supreme Court’s New Patent Cases
- Undoing Gunn v. Minton: Proposed Legislation Would “Clarify” Federal Subject Matter Jurisdiction Over Patent-Related Malpractice Claims.
September 2013
- Speaking in Wilmington on Ethics in a Post-AIA World on Tuesday, October 1
- Under the aia a person shall be entitled to a patent unless 1 the claimed invention was patented described in a printed
- Licensee Underreporting
- Bits & Bytes from Jonathan Hummel
- USPTO and Government Shutdown
- October 4 2013 httplawmissourieducsdrsymposium2013
- FTC on Patent Trolls
- Federal Circuit: Intentional Abandonment Equals Unintentional Abandonment?
- On a panel today in Cleveland on Professionalism and Alternative Fee Agreements
- PTO Post-Issuance Filings
- Amending the America Invents Act 2013
- A Great Lesson on Close Reading, Textualism, and Civility…
- On a Panel Today Addressing Professionalism Issues in Alternative Fee Agreements in Cincy
- CAFC Splits on Reversing Summary Judgment of Inequitable Conduct
- Random bit: Textualism, the Patent Act, and Section 101
- Patent Reform 2013 – A Discussion Draft
- Story on the Main Page About Preemption of State “anti-troll” Laws
- Next Federal Circuit Judge: Todd Hughes
- Patent Reform 2013
- Fun on a Monday: Describe law school in a six word sentence.
- Patent Law Federalism
- Billing Ethics… Again
- Testing comments
- 2014 Holiday Gift Guide for Patent Attorneys – No. 1
- Is “Insolubly Ambiguous” the Correct Standard for Indefiniteness?
- AIA Changeover: Claiming Subject Matter Not Found in the Provisional Application
- Trends in Inequitable Conduct
- The Rambus Spoliation Case
- Competitive and Paid Patent Prosecution Law Internship Starting Now
- My entry 29
- Raising Maintenance Fees for Non-Practiced Inventions
- Bits & Bytes from Jonathan Hummel
- September 19 2013 is missouris annual tech expo here at the university of missouri httpmotechexpomissouriedu spons
- Jenner & Block allegedly walks away from contingent fee client without just cause, but still wants to be paid $3m
- Hricik: Why Section 101 is Neither a “Condition of Patentability” nor an Invalidity Defense
- Why Section 101 is Neither a “Condition of Patentability” nor an Invalidity Defense
- Jon Stewart Show Takes on Biotech Patents
- Gunn v. Minton, Legal Malpractice, Community Property, and me.
- Social Media Ethics
- Oral Argument Recap: Lighting Ballast Control v. Philips
- Acting Director Rea to Step Down from USPTO
- High Point v. Buyer’s Direct – Tell me more, tell me more (about design patents and § 103)
- What is “adverse” in a patent infringement context?
- Resolving IP Disputes: Calling for an Alternative Paradigm
- Solicitor General: Don’t Grant Cert to Analyze Inequitable Conduct
- Patent Practitioners
- UK Take on Software Patent Eligibility: Claim Must include Feature that is both Technological and Innovative
- Wawrzynski v. H.J. Heinz Company: CAFC Jurisdiction and Preemption of State Law Claims
- Patent Appeal Outcome by Art Unit Groups
- Interesting Malpractice Case Based Upon Claiming Work Product Over Pre-Suit Testing
- Contract Dispute: When Paying to Settle a Case Counts as Revenue
- Patently-O Bits & Bytes by Lawrence Higgins
- Surprise! The Law of Subject Matter Eligibility Remains Unsettled
- Exergen as the Guidepost for Findings to Support Inequitable Conduct
- Soverain’s ‘314 Patent is Now Truly Invalid
- What Happens Following a USPTO Board Decision
- Interpreting CLS Bank Int’l v. Alice
- A Random Thought on IPR, BRC, and Life
- Soliciting Thoughts on Prosecution Bars
- Bits & Bytes from Jonathan Hummel
- Ex Parte Appeal Outcome by Assignee 2005-2013
August 2013
- Preliminary Injunctions against Non-Parties
- Trading Technologies v. Open E Cry: Doctrinal Formalism in Patent Law
- Hiring New Law Professors
- Without More, Product Supplier has no DJ Jurisdiction for Protecting its Customers against Infringement Litigation for Using Product
- New Edition of Patent Ethics – Prosecution by Hricik & Meyer is out!
- USPTO General Counsel Bernie Knight Stepping Down, Going to McDermott
- Judge Rader’s Obviousness Tutorial: Including the Conclusion that Older Prior Art is Less Credible and a Restatement that Objective Indicia of Nonobviousness Play a Critical Role
- October 4 Symposium and CLE on Resolving Patent Disputes
- Thoughts on the GAO Report and Implications for Legal Ethics
- Higher Pleading Standards for Direct Infringement?
- SkinMedica v. Histogen
- Federal Circuit: Secret Patent Trials are OK
- GAO report on patent litigation is out
- Some Random Thoughts on Good Appellate Practice at the CAFC
- USPTO: Software Composition Inventions are Unpatentable under §101 unless they Clearly Disavow that the Storage Mechanism is a Transitory Wave or Signal
- Revisiting the Indispensable Party
- Prosecution bars and the burden of proof and production
- On Trolls
- Federal Circuit Rejects Supreme Court Original and Exclusive Jurisdiction over State-vs-State Inventorship Disputes
- Hiring an IP Law Professor at the University of Missouri
- Patent Ethics by Hricik
- Thinking of investing in a business that competes with a former client?
- Some recent cases on Prosecution Bars
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- An attempt at some humor.
- Hello, everyone!
- Resolving Patent Disputes – October 4, 2013
- Supplier’s Offer to Make Product Invalidates Patent under the On-Sale Bar
- Full Attorney Fees ($9m) Awarded for Pattern of Vexatious Litigation Strategy, Affirmed on Appeal
- Patent Attorneys Love Apple
- The Disappearing Federal Circuit Advisory Council Model Orders
- Federal Circuit: Preliminary Injunctions More Available in Trade Secret Cases (Than in Patent Cases)
- My entry 10
- My entry 13
- My entry 2
- Working out the Kinks in Post-Issuance Reviews: Versata v. SAP
- Bits & Bytes from Jonathan Hummel
- Bits & Bytes from Jonathan Hummel
- Bits & Bytes from Jonathan Hummel
- Rembrandt v. Johnson & Johnson: Expert Reports and Inconsistent Testimony
- Impact of Restriction/Election on Claim Scope and Integrating Objective Indicia Into the Obviousness Analysis
- Failing to Use Post-Grant Review as a Bully Club
- Judge Plager: Construe Ambiguous Terms Against the Drafter
- Is it Time to End the USITC’s Jurisdiction over Patent Cases?
- Obama Administration Rejects USITC Decision Blocking Apple Imports
- Welcome Judge Chen!
- Whether Prior Art Should be Presumed Enabled
July 2013
- Merging Burdens on Motions at Law in Patent Invalidity Cases
- First First-to-File Patent
- Written Description: Showing “Possession” of a Negative Limitation
- Charles Machine Works v. Vermeer Mfg: CAFC continues rolling back the vitiation doctrine
- Guest Post: Why Lighting Ballast Won’t Solve Claim Construction
- Model Order Addressing Numerosity of Claims and Prior Art [UPDATED]
- Third Circuit Revives “Exclusive Generic” Contract Claim
- Guest Post by Christopher Cotropia on Existing Deference in Patent Claim Interpretation
- Integration Analysis Dooms Patent’s Written Description
- Federal Circuit gets Technical with PTAB Failures
- Federal Circuit Deciding USPTO Procedure: New Grounds for Rejection
- Drafting License Agreements: Agreement Unenforceable Post-Patent-Expiration Even When Contract Says Otherwise
- Bits & Bytes from Jonathan Hummel
- Bits & Bytes from Jonathan Hummel
- Bits & Bytes from Jonathan Hummel
- Bits & Bytes from Jonathan Hummel
- Myriad Seeks to Enforce its BRCA1/BRCA2 Gene Patents
- Circuit Judge Richard Linn
- A few recent Section 101 cases at the PTAB
- Appealing to the PTAB: Expecting Delay
- Subject Matter Eligibility Post-CLS Bank
- Fresenius v. Baxter: PTO Reexamination Decision Trumps Prior Decisions by both the District Court and the Federal Circuit
- The PATENT Jobs Act of 2013
- Contractual Override of Trade Secret Law
- Does Profit-Distribution to Professors Spoil Princeton’s Non-Profit Status?
June 2013
- USPTO Patent Grants
- Federal Circuit Begins its Campaign for Patent Clarity
- Did the Federal Circuit Just Adopt Functional Claiming Through the Back Door?
- Commil v. Cisco: Issues of validity “may” negate intent for inducement
- Joint Infringement Case Moves Toward Supreme Court Review
- How to Write a Patent Application (Second Edition)
- Federal Circuit: No Deference to PTO Factual Findings from Prosecution
- Hitler on Patent Trolls
- Supreme Court Adds Antitrust Consideration to Patent Settlements.
- Guest Post by Paul Cole: ASSOCIATION FOR MOLECULAR PATHOLOGY v MYRIAD GENETICS – an isolated decision?
- Twenty Thoughts on the Importance of Myriad
- Bosch v. Pylon: 1292(c)(2) CAFC Jurisdiction
- Myriad: The PTO’s Preliminary Guidance
- Myriad: Justice Scalia’s Concurrence
- Myriad: Isolated DNA out, cDNA in
- Monsanto Wins Again in Federal Circuit: Organic Farmers Have No Standing to Challenge Patent
- Fight Litigation Misconduct, But Not Through Hyperbole
- The European Unitary Patent System – 5 things Patent Attorneys need to know now
- Bits and Bytes by Dennis Crouch
- Patent Reform 2013: Adding Clarity and Transparency to the System
- Patent Reform 2013: Adding Clarity and Transparency to the System
- Patent Reform 2013: Adding Clarity and Transparency to the System
- Dey v. Sunovion
- Guest Post on Using the Antitrust Laws to Police Patent Privateering
- Congratulations to 2013 Mark T. Banner Award Recipients!
- Small Entity Patenting
May 2013
- Recent Scholarship: Investing in America’s Future by David Kappos
- Judge Mayer: Subject Matter Eligibility Must be Decided First Even if Not Raised by Either Party on Appeal
- What Is Happening In Vermont? Patent Law Reform From The Bottom Up
- Best Mode: Only Mostly Dead
- Patent Abuse Reduction Act of 2013 (S.1013)
- Sample Civil Procedure II Exam
- Motiva v. ITC and Nintendo
- Guest Post: Monopoly Without Apology
- Supreme Court to hear another Case Involving Licensees in Good Standing who Challenge Patent Rights
- Alexsam inc v best buy barnes noble gap jc penney mcdonalds et aled tex 2013 alexsam has asserted its gift car
- After Final Consideration Pilot 2.0
- Supreme Court Looks More Closely at Reviewing Therasense
- Forrester v. Wheelabrator: No Federal Subject Matter Jurisdiction Over Tortious Interference Claims Involving Prospect of Claim Construction
- Expanding Post-Grant Business Method Reviews: S. 866
- Patent Troll Panel at Yale Law School
- Supreme Court: Patent Rights Block Farmers from Saving and Re-Planting Patented Seeds
- Don’t break the chain – ensuring valid claims to priority based on US patent filings has become easier.
- CLS Bank v. Alice Corp: Court Finds Many Software Patents Ineligible
- Apple’s European Multi-Touch Patent Revived by the English Court of Appeals
- My entry 21
- My entry 14
- My entry 3
- Is This True?: The Most Innovative Products are Not Being Patented
- Hispanic National Bar Association IP Institute
- Patent Ownership Split in Divorce and Divided Ownership Negates Standing to Sue
- Secretary of Commerce then PTO Director
- Allergan v. Sandoz: The Thin Line of Nonobviousness
- Slow and Steady: PTAB Continuing to Address Backlog of Ex Parte Appeals
April 2013
- Guest Post: Nine Reasons why the Supreme Court Should Side with Myriad and Affirm the Patenting of Isolated Human Genes
- Lazare Kaplan v. Photoscribe: Make Sure to Always File a Cross-Appeal (Except When You Shouldn’t)
- UK Moving on Design Patent Rights
- Biogen v. Glaxosmithkline: Prosecution History Disclaimer and Claim Construction
- Patently-O Wordle
- FCBA and Santa Clara Program on Advanced Complex Litigation
- SO THAT’S WHAT “RAND” MEANS?: A Brief Report on the Findings of Fact and Conclusions of Law in Microsoft v. Motorola
- Don’t Write This Letter to the Patent Office
- Tidbit about 3 of recently issued us patents are following an interesting path that begins with the filing of a us provisio
- Issue Preclusion in Repeat Patent Cases
- Federal Circuit Supports Bare-Bones Patent Complaints
- Patent-Conscious Preparation for a Summer at the Beach
- Patent Pendency and the PPH
- Unfair Competition Book Raises Unfair Competition Claims Against Kenyon
- Patent Term Adjustment
- Patent Grant Update
- USPTO Budget Cuts
- Facts and Trends of USITC Litigation
- Welcome Back Fee Diversion: USPTO Likely to Begin Sending Collected Fees back to Treasury
- Survey: Abstract Ideas and Natural Phenomena as Prior Art
- Guest Post by Prof. Michael Risch: The Securitization of Patents
- AMP v. Myriad Gene Patenting Oral Arguments
- Responding to USPTO’s new Maintenance Fee Regime
- Recent Patent Assignments
- Top Phrases by the Federal Circuit
- PatCon 3: Posner/Epstein Debate on the Patent System
- PatCon 3: Plenary Session
- Liveblogging PatCon 3: A Conversation with Industry
- Stent Patent Cannot Heal Divided Claim Construction: Four Judges = Four Different Claim Constructions
- Although “without tact”, Micron’s retaliatory decision to stop hiring University of Illinois Graduates is not Illegal
- Loyola Law Journal – Panel #2: Shortcomings in the Patent System
- Loyola Law Journal – Chief Judge Holderman on innovations in jury trials
- Liveblogging from the Loyola Law Journal Conference on Patents, Innovation & Freedom to Use Ideas
- Awaiting the Outcome of CLS Bank v. Alice Corp.
- Sony v. Red Digital (red.com): Brewing Battle
- Do I qualify for Micro-Entity-Status at the Patent Office?
- Two-Way Media & the Doctrine of Equivalents
- Multiplicity of Design Patent Rights
- Volunteer Opportunities for IP Professionals
- Double Patenting Problems when Inventors Move to a New Employer
- Dawson v. Dawson: Suing Yourself for a Patent
- Do the Wright Brothers Deserve a Patent for their Flying Machine?: Why Eliminating Software Inventions from the Patent System Makes No Sense.
- Guest Post: New USPTO Professional Conduct Rules Will Take Effect on May 3
- Timing of First Actions on the Merits
- Predicting Patent Issuance
- Guest Post: The Patent Failure of Novartis with Gleevec
- Excluding Others in the Market for Ranking Lawyers
- Joint Inventorship
- The Federal Circuit Table of Authorities
- Inventorship: Limits of Collaboration
- India: Drug Patents for True and Genuine Inventions, but not for Gleevec
March 2013
- En Banc Review in Checkpoint v. All-Tag?
- In re Owens (Guest Post by Prof. Sarah Burstein)
- Pre-AIA Filing Numbers
- USPTO Takes Action to Reduce RCE Backlog
- Checkpoint Systems v. All-Tag Security: Failing the Objectively Baseless Standard
- Design Patent Backlog – Growing and Growing
- Guest Post by Prof. Sean Tu: Uneven Distribution in the RCE Backlog
- PTAB Backlog – Downward Trend…
- USPTO Allowances and Abandonments
- USPTO Allowances and Abandonments
- USPTO Allowances and Abandonments
- Reverse Payments at the Supreme Court
- International Patent Exhaustion
- Claiming Intellectual Property
- Patent Conferences in Chicago
- Torrent decisions
- Patent Grant Estimate for 2013: 267k Utility Patents
- Discovery Process in Post-Grant Proceedings
- Intellectual Ventures v. Symantec
- Are Patent Attorneys Overpaid?
- Guest Post: Is there a justification for greater transparency in patent transactions?
- Filing Lead-Up to Full Implementation of the First-To-File AIA Regime
- Professor epstein i am not perfect as generations can testify but at least i dont use power point
- The Sedona Conference’s new regional patent litigation programs
- Average Pendency of US Patent Applications
- Challenging the PTO for Issuing Patents
- First-Sale Doctrine: Authorized Foreign Sales Exhaust US Copyrights [and US Patents]
- Patent Trolls in Public
- PCT Applications as Prior Art
- USPTO Fee Change on March 19
- Frolow v. Wilson: Marking Estoppel and Arising Under Jurisdiction
- More on the SHIELD Act
- The New Law Effective Today: 35 U.S.C. 102
- Federal Circuit to Reconsider De Novo Review of Claim Construction
- Welcome Judge Taranto
- Aristocrat Technologies v. Int’l Game Technology
- Seven Bridges Winery
- Patent Damages Question
- Patent Trolls by the Numbers
- 13mar2013 public and private pair will be unavailable beginning at 12 midnight and ending at 6 am on saturday march 16
- Design Patents in the Modern World Conference
- Revisiting Inequitable Conduct at the Supreme Court
- Doctrinal Precedence Among the Hatch-Waxman Act, the Patent Act, and the Sherman Act
- Almost There: Senate Confirms Nomination of Richard Taranto
- Does the Shift in IP Ownership Predict a Political Shift in the IP Debate
- Professor risch discusses the shield act here httpmadisoniannet20130310scratching my head
- H.R.845 — Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 (Introduced in House – IH)
- March 16 is this week
- Guest Editorial: Throwing Trolls Off The Bridge
- Gunn v. Minton: Moving Forward with Patent Attorney Malpractice Litigation
- Design Patents on Images Shown on a Computer
- Limited Equitable Estoppel for 4 ½ Year Delay in License Pursuits
- Limited Equitable Estoppel for 4 ½ Year Delay in License Pursuits
- Limited Equitable Estoppel for 4 ½ Year Delay in License Pursuits
- Guest Post: What is Next in Design Patents for On-Screen Icons?
- 2013 Sequester at the USPTO
- Debate on Joint/Divided Infringement Doctrine Continues
- Design Patent Infringement: Kimber Cakeware v. Bradshaw
- Guest Post by Dr. Jeffrey Lefstin on What’s Really at Stake in Myriad
- Guest Post on Patent Pools and Competition
February 2013
- Stacking Royalties: One Royalty for Three Patents
- COURT: Twelve Year Old USPTO Rules Cannot be Challenged Even if They Are Only Now Hurting You
- SMU 10th Annual Symposium on Emerging Intellectual Property Issues
- The Use of Legal Scholarship in Intellectual Property Decisions
- Waiting for Federal Circuit Decisions
- 10 Secrets to Locating Non-Patent Prior Art
- Guest Post by Dr. Jeffrey Lefstin on Myriad’s Pre-History
- Patent Law Jobs
- Words in patent claims.
- Claims in Issued Patents
- I am teaching civil procedure this semester here at the university of missouri school of law here is what we learned this we
- What Job do you Want?
- Doctrine of Equivalents: On the Rise Again?
- Gunn v. Minton: Supreme Court Narrows Arising Under Jurisdiction for Patent Cases
- Gunn v. Minton: issue of patent law does not deprive state court of jurisdiction over malpractice claim
- Oral Arguments in Bowman v. Monsanto
- Figures in Design Patents
- When a Functional Claim Limitation is the “Essence of the Invention”
- IP Hall of Fame Call for Nominees
- Folks are Hiring
- President Obama on Patent Reform and the Problem of Patent Trolls
- Constitutionality Question Looms as USPTO Implements Regime that favors a “Filers” over “Inventors”
- FM v. Google: Means-plus-Function Indefiniteness and O2 Micro Challenges
- Final Rules on First-to-File Regime
- Valentines Wishes
- Of Smart Phone Wars and Software Patents
- Selling Patents
- Small Entity Status
- Does the Presumption of Validity Apply to Section 101 Subject-Matter-Eligibility Questions?
- Upcoming Oral Arguments in Myriad
- No Federal Cause of Action against Inventor’s Attempt to Derrogate Patent in Violation of Assignor Estoppel Doctrine
- Patent Marketplace
- CLS Bank v. Alice Corp: Oral Arguments Lead to More Questions
- President Obama Nominates Two to Serve on the US Court of Appeals for the Federal Circuit
- Federal Circuit Judicial Watch
- Next Step for Director Kappos:
- Arkema v. Honeywell: Declaratory Judgment Jurisdiction in the Indirect Infringement Context
- En Banc Arguments This Week
- Presume that Claims Cover the Preferred Embodiment
- Big Firms and Contingency Fee Struggles: Parallel Networks v. Jenner & Block
- USPTO: Kappos -> Rea
- Challenging Cybor: Lighting Ballast Control v. Philips Electronics
January 2013
- The Federal Circuit’s New Obviousness Jurisprudence: An Empirical Study
- Best Super Bowl Commercial So Far
- Patent Term Calculations: District Courts Split on PTA Calculations; Revive Focus on Deference to PTO Determinations
- Smartphone Wars: Micron’s Slide-to-Unlock Patent
- NO DISCLAIMERS OR DISAVOWALS
- Who reads Patently-O: Top Corporate and Governmental Subscribers
- Piercing the Corporate Veil: Corporate Officers Are Liable for Their Own Torts
- Student Writing Competition
- Rexnord v. Kappos
- Antigua to Reject Intellectual Property Rights of US Companies as WTO Authorized Trade Sanction for Killing Offshore Online Gambling
- The Decline in Law School Applications
- Get a New Patent Law Job: Recent Patent Law Job Postings
- Design Patent Litigation: Notice Pleading Requirements Remain Low
- Chisum Patent Academy
- Obvious as a Matter of Law
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patently-O Bits & Bytes by Lawrence Higgins
- Patent versus Copyright
- US Government Brief: Farmer who Purchases Commodity Soybeans Cannot Replant Those Beans Without Committing Patent Infringement
- Moving from a Patent Agent to a Patent Attorney
- Arbitrary $50,000 contingency payment does not prevent mootness
- Third Party Submissions
- And the Internet Won: Parallel Networks Versus Website Operators
- Design Patents are Still Relatively Quick
- USPTO New Fee Schedule
- 3rd Circuit: Covenant not to Sue is a License and therefore Not Dischargeable in Bankruptcy
- Deleting Cybor: En Banc Opportunity
- Inventor Count
- Gunn v. Minton: Oral Arguments
- Reviving an Invalid Patent through Attorney Malpractice?
- When does the Written Description Requirement Limit Amendments to Design Patent Drawings
- What can Patent Applicants do to Improve Patent Quality?
- AIA Technical Amendment Becomes Law
- Means Plus Function Claiming
- Naples Midwinter: Patent Law Experts Conference
- 2013 student writing competition the virginia state bar intellectual property section is seeking papers written by law stud
- Some of you may have heard that there is a serious security problem with java 7 the default version luckily most patent at
- Fewer Patent Claims Per Application
- Patent Law: Preparing for March 16, 2013
- The Timing of Patent Grants
- NPEs Solidify Enforcement Jurisdiction at USITC
- New on AskPatents Awaiting Your Answer
- Citing Patent References
- Inter Partes Review: Winning by Losing
- Fewer Jumbo Patents
- Already v nike supreme court 2013 held this case is moot
- USPTO Grant Rate: 2013 Forecast
- How [Not] to Fight PTAB Obviousness Decisions
- Zumbiel v. Kappos
- Does License of Future Inventions Invoke Patent Law Based Court Jurisdiction?
- Judge Bryson Assumes Senior Status
- Carani on Design Patent Infringement
- Federal Circuit Refuses to Hear Contract Dispute over Patent Assignment and Royalty Contract
- Bits & Bytes
- Bits & Bytes
- Bits & Bytes
- Federal Circuit Judicial Nomination Watch
- Patents per year
- Federal Circuit Statistics – FY 2012
- 2012 Trends: New Life in the Doctrine of Equivalents
- Hr 6621 as amended passed in the house late last night it is expected that president obama will sign the bill today mo
- Abandoning Provisional Applications