The Curious Engineer

Patently-O

2013–2014

1,210 posts

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2014 653

December 2014

  1. Lawyer Threatens to Post Negative Internet Reviews to Get Money from Former Firm: OED Steps in
  2. Guest Post by Prof. Chiang: A Response to Hrdy and Picozzi
  3. Federal Circuit to Review Defense of Laches in Patent Law
  4. Guest Post by Camilla Hrdy on The Interpretation-Construction Distinction in Patent Law
  5. The Huge Assumption in 101 Jurisprudence
  6. Comments on the “Real Name” Experiment
  7. The Interpretation-Construction Distinction in Patent Law
  8. What Makes a Proper “Error” for a Reissue Application?
  9. The Malleability of Patent Rights
  10. Transitions: Hal Wegner
  11. More on Willfulness
  12. Supreme Court: Problem of Divided Ownership
  13. Promega v. Life Tech: Enablement and Open Claim Elements
  14. No Willful Infringement Since Infringer’s Litigation Arguments were “Not Without Reason”
  15. Inventing to Nowhere
  16. Iowa Innovation, Business & Law Center
  17. Federal Circuit: Next Round of Myriad Patent Claims Are Also Invalid
  18. IP as a Corporate Human Right
  19. IP5 Annual Report
  20. Trademarks: You Don’t Own the Word – Just the Right to Avoid Some Market Confusion
  21. Examination Guidelines on Patent Eligibility
  22. DDR Holdings – Federal Circuit Forges a Sensible Path on Software Patents
  23. Supreme Court to test its Spidey-Sense in Patent-Antitrust Case
  24. Obviousness: Analogous Art and Hindsight
  25. Article on Georgia’s New “bad faith threats of infringement” statute
  26. Lawyer Misses PCT Date, So Deletes Claim for Priority without Consulting with Client: Disciplined
  27. It is Time to Confirm Michelle Lee
  28. Patentee Seeks Cert Due to Mediator’s Failure to Disclose Conflicts that CAFC Held Breached Mediator’s Duties and Undermined Trust in Mediation
  29. Next Steps in Shifting Pleading Standards for Patent Cases
  30. Federal Circuit Supports USPTO’s Refusal to Withdraw Terminal Disclaimer
  31. Director Michelle Lee: Confirmation Hearing
  32. Federal Circuit Reverses District Court, Holds PTO Properly Refused to Withdraw a Terminal Disclaimer the Client did not Authorize
  33. Supreme Court Sanctions for Faulty Brief
  34. Not so fast: Phase III Biosimilar Clinical Trial & Infringement Threat does not Create Justiciable Case or Controversy
  35. Slicing the Bologna: Judge Chen Distinguishes this Business Method from those Found Ineligible in Alice, Bilski, and Ultramercial
  36. USPTO Patent Grants
  37. Commil v. Cisco: Cert Granted as to Invalidity and Inducement Issues
  38. Ericsson v D-Link: Standards, Patents, and Damages
  39. Sidley: Docket Text “Affirmatively Misled” us so None of the 18 Lawyers who Received It Needed to Read the Actual Orders
  40. Law Firm: Because Third Party Patent Annuity Company Actually Missed the Deadline, We Can’t be Liable for Covering it up.
  41. Throwback Thursday: 1993 Patent Application Pendency
  42. Williamson v. Citrix: Means-plus-function, presumptions, and “nonce” words
  43. Federal Circuit Continues to Support Claiming Pharmaceutical Function
  44. Guest Commentary by Prof. Peter Menell: Appellate Review of Patent Claim Construction and Institutional Competence
  45. Patent Reform: Impact of Alice on Business Method Patents
  46. Brilliant New Book on Ethics in Prosecution 2015 Edition Out Now!

November 2014

  1. USPTO’s Swelling Examiner Rolls
  2. The Reines Matter: My Long-Promised Post.
  3. USPTO Backlog
  4. Patent Jobs 2014
  5. Vail 2015
  6. Stays Pending Review
  7. Looking at Inter Partes Reviews
  8. Notes from the Patent Public Advisory Committee Meeting
  9. Issue Preclusion in Relation to a Larger Patent Portfolio
  10. Bragging on Mercer Law School, Home of the 2014 Giles Rich Scholarship Winner
  11. Moving Toward Unified European Patent Enforcement: Leaping Another Hurdle
  12. Patent Litigation Rates
  13. Reissue Patent with Shifted Claim Focus Invalid: Not “clearly and unequivocally disclose[d] … as a separate invention.”
  14. USPTO Telework Abuses
  15. An Update on Patent Reform 2015
  16. Cracks in the 101 architecture?
  17. Federal Circuit: Novelty in Implementation of an Abstract Idea Insufficient to Overcome Alice
  18. Federal Circuit Vacates and Remands Death-penalty Sanctions under Rule 37
  19. Judge Kara Farnandez Stoll
  20. USPTO vs Hyatt: When an Applicant has Too Many Patent Applications
  21. Congressional Oversight of the USPTO
  22. Copyrighting Software? Google v. Oracle
  23. Part 1 of a Full Analysis of the Reines Decision: The Procedural Rules (edited)
  24. FTC Extracts Settlement from Notorious “Troll;” Seeks Public Comments
  25. Pending Patent Cases in Decline
  26. Two Upcoming Patent Law Symposia in D.C.
  27. Wild Inaccuracies in CAFC’s Opinion on Reines
  28. Patent Ownership and Standing: Legal Title vs Effective Title
  29. Court Publicly Reprimands Ed Reines, Recipient of Email from then-Chief Judge Rader (to be updated)
  30. The Ethical Issues Caused by Devaluation of Patents by Alice and CLS
  31. Patent Reform 2015: Republican Agenda
  32. Patenting vs Secrecy: Impact on Company Financing
  33. Guest Post by Prof. Osborn: Infringement by Sales and Offers to Sell
  34. Lessons I’m Learning at the IPMI Conference: Change Blowing in the Wind?
  35. PTAB: If a prosecution bar doesn’t say it applies to PTAB proceedings, then it doesn’t.
  36. The Medicines Co. Sues Over Missed FDA Deadline on Angiomax
  37. Gray-Le Coz and Duan: USPTO’s Immediate Implementation Alice v. CLS Bank
  38. Top Patently-O Subscribers
  39. US Government Secrecy Orders
  40. The Demise of the Whereby Clause

October 2014

  1. Supreme Court: A Web of Post-Issuance Licensing Restrictions
  2. Patent Attorneys Face Multiple-Jeopardy
  3. Software Patenting: Are you Smarter than a Fourth Grader
  4. Rise of Computer Patents
  5. More Engineers => More Patents
  6. Proposed Amendment to Fed. Cir. R. 50 to Affect Future Clerks
  7. Bucking the Trend: Security Software Patent Not Yet Ruled Ineligible
  8. Economics: Explaining Reverse Payments in ANDA Litigation
  9. The Patentee’s Risk of Multiple-Jeopardy
  10. Software as an Abstract Idea
  11. Reduced Average Patent Life
  12. US Government Volunteers to Pay for Infringement by Japan Airlines
  13. The Number of U.S. Patents In Force
  14. Upcoming Events and Recent Job Postings
  15. Sorting Out Sections 284 and 285
  16. Supreme Court: A Good-Faith-But-Incorrect-Belief that the Patent is Invalid
  17. Considerations for International Inventions – Foreign Filing Licenses
  18. Proving Non-Obviousness with Ex-Post Experimental Evidence?
  19. Federal Circuit: Absent bad faith, court cannot condition allowing patentee to supplement preliminary infringement contentions upon paying accused infringer’s fees
  20. Post-Octane: What’s Happening with Fee Awards?
  21. The Vast Middle Ground of Hybrid Functional Claim Elements
  22. Another Prosecution Bar Case, but With a Twist
  23. How is Patent Litigation like Baseball?
  24. Director Michelle Lee
  25. Guest Post by Prof. Shubha Ghosh: Are South African Yellow Canaries a Question of Law or Fact?
  26. Teva v. Sandoz and Claim Construction Deference
  27. Inventing Solutions to Global Disease & Poverty
  28. Allison, Lemley & Schwartz on Patent Litigation
  29. The Role of Patents in the Emerging Market for Venture Lending
  30. Nobel Prize in Patent Law
  31. NYU Engelberg Center on Innovation Law and Policy looking for Executive Director
  32. What is the Particular ‘Value’ of FaceTime?: Thoughts Provoked by Discussion of VirnetX v. Cisco and Apple
  33. Status of US Patent Applications
  34. New Jobs
  35. Right Round: Comparing US and European Software Patent Eligiblity
  36. ABA IP Scholarship Symposium: Call for Papers
  37. Call for Papers
  38. A Major Drop in Patent Infringement Litigation?
  39. STC.UMN v. Intel: Co-owners are necessary parties but may not be involuntarily joined
  40. The New Role for Post Grant Review Proceedings (PGR)
  41. Moving Toward A Way of Searching Through Cited References
  42. Integration vs Filtration: Federal Circuit Asked How to Determine Eligibility
  43. Get Your Own Statue of Chief Judge Rader (Bobblehead)
  44. Berkeley Center for Law and Technology is looking for an Executive Director
  45. US Patents: Where are the Inventors Located?
  46. Update: Using IPR to Manipulate the Stock Price of Patentees Which Won in District Court
  47. Court Affirms Inequitable Conduct for Inventor’s Failure to Submit Prior Art
  48. Judge Gilstrap Holds Firm has Only Partial Lien on Proceeds from Representing NPE Patentee
  49. BPCIA Ethical Issues?
  50. Hearing on Ohio Bill to Protect Against Frivolous Patent Suits.
  51. For Patents, It Still Comes Down to the Jury Verdict
  52. K&L Gates says no conflict but withdraws anyway
  53. Double Patenting when you have a Common Assignee but No Common Inventors
  54. Would you like 10,000 Cloems with that Patent?
  55. Hunter Douglas Sues In-House IP Lawyer for Bilking it out of Millions by False Invoices from Sham Search Entity
  56. Upcoming Events
  57. Your turn to vent: what do you see in written communication that bugs you?

September 2014

  1. USPTO Breaks New Ground with 300,000 Patents Issued This Fiscal Year
  2. Doctrine of Equivalents: What Elements Are you Narrowing?
  3. Patenting Software in the US as compared with Europe
  4. Speeches this week
  5. Patent Invalid for Unduly Preempting the Field of “Automatic Lip Synchronization For Computer-Generated 3D Animation Using a Rules-Based Morph Target Approach”
  6. Eligible Software Patents
  7. 11th Circuit: Because Client Loses Faith in Lawyer, and so Lawyer Quits, Lawyer Still gets Contingent Fee
  8. Law Schools and Clinical IP Hiring
  9. YODA: You Own Devices Act
  10. Facebook’s Privacy Patent
  11. Software Business Method Patent Fails Again
  12. Does Obviousness Type Double Patenting Survive the AIA?
  13. What would you ask a District Judge?
  14. The enfant terrible?
  15. In Memoriam: Donald Quigg
  16. Federal Circuit Defies Supreme Court in Laches Holding
  17. Bits and Bytes from Dennis Crouch
  18. Design Patents §103 – Obvious to Whom and As Compared to What?
  19. Survey on Fields-of-Study for Patent Practice
  20. Important Damages Opinion: VirnetX v. Cisco and Apple
  21. Is VPN Software Patent Eligible?
  22. Amending 101?
  23. Interval Licensing v. AOL: Post-Nautilus Indefiniteness
  24. Finding the limits of ineligibility
  25. Company sues Kilpatrick Townsend, Claiming Firm Gave its Secrets to a Client to Patent
  26. Why FRAND Commitments are Not (usually) Contracts
  27. OED reprimands lawyer for unreasonable fees, improper fee division, and related issues.
  28. Nice Summary of the 101-based “Invalidity” War on Software Patents
  29. Section 101 Invalidates Another Financial Services Patent
  30. Law Prof Ethics and Publications: a Rant
  31. The Abele test
  32. Abstract Idea: I know it when I see it
  33. Libertarians Moving Against Patent Rights
  34. Moving Toward a Better Patently-O Ecosphere
  35. Sequenom v. Ariosa: Invalidating the patent on Non-Invasive Pre-Natal Genetic Testing
  36. Practitioner’s Non-Lawyer Assistant Signs Documents, Fabricates, E-mails: OED Acts.
  37. 101 Decision on the Pleadings: ECommerce Patent Ineligible
  38. New Abstract Ideas?
  39. Procedure and 101: I haven’t ranted in a while.
  40. Judge Bryson: Computerized Loyalty-Point Conversion System Not Patent Eligible
  41. Australia: Myriad Gene Patents Look Good
  42. Buy Your Opponents’ Computers at Auction and then Have Fun!
  43. Failure to Disclose Adverse Litigation Claim Constructions During Ex Parte Reexam States Inequitable Conduct Claim
  44. New Section 101 Decisions: Patents Invalid
  45. Federal Circuit Falls in Line: Supporting Strong Limits on Patent Eligibility
  46. Guest Post: Knowing what is Known and Knowable
  47. Guest Post: The Case Against Federalizing Trade Secrecy
  48. Patent Grants
  49. Amicus Briefs at the Supreme Court as Dubious Sources of Fact
  50. Calling Patent Attorneys to Pro Bono

August 2014

  1. Case dismissed as sanction for misrepresentations
  2. Recent Patent Transfers
  3. What to do About All These Invalid Patents?
  4. Here’s a Fun One: Judge Hughes Reversed for Imposing Sanctions on Patentee
  5. Alice Corp. and Patent Claiming: A Simple Example
  6. Reading Between the Lines of Octane
  7. Federal Circuit: Bingo Gaming Software Improperly Encompasses the “Basic Tools of Scientific and Technological Work”
  8. Ready to Nationalize Trade Secret Law?
  9. Federal Circuit Reminds Courts of Discretion on Fee Awards
  10. Guest Post by Prof. Risch: A Generation of Patent Litigation: Outcomes and Patent Quality
  11. Giving Effect to the Order of Steps in a Method Claim
  12. Guest Post: Publishing Design Patent Applications: Time to Act
  13. News Flash: Don’t go to the Jury Assembly Room to Observe Jurors.
  14. Should You go to Law School?
  15. Accelerating ex parte PTAB Appeals: For a Fee
  16. Court Finds Patent Invalid; Then Orders Defendant to Stop Infringing
  17. Myriad Patents Now Challenged at the PTO
  18. USPTO RCE Backlog Coming Down
  19. Upcoming Events
  20. One More Reason Not to Litigate Patents Your Firm Prosecuted
  21. Judge Mayer Raises 101 When Not In Issue: Other Panelists Don’t
  22. Federal Circuit Panel Unanimously Affirms Inequitable Conduct
  23. Non-Patent Friday
  24. Areas of Disuniformity in US Inventorship
  25. Schlumberger claims ex-inhouse IP counsel took trade secrets to Acacia; She SLAPPs back
  26. Intel Successfully Defends its Patent Case but Owes its Own Attorneys $9 Million for the Defense.
  27. Rule 36 Summary Affirmances
  28. OED Activity… Not Much
  29. Does PTAB have 101 Authority in CBMs?
  30. State of Vermont’s Demand Letter Case against MPHJ Continues
  31. Update on Patent Grant Rates
  32. Senators to Pritzker: Patent System Needs More Clarity and Transparency
  33. Patent Grant Rate by Technology Area
  34. Telework: How much did you work? Nobody Knows!
  35. White House Seeks Input on Innovation Strategies
  36. More Inventors Increases Likelihood of Patenting
  37. USPTO Continues to Reduce Patent Term Adjustments
  38. Specification describes machine with sensors – Can you omit the sensor limitation in the claims?
  39. Another District Court Struggles with Whether a Pre-AIA Prosecution Bar Applies to IPR Proceedings
  40. Update on USPTO’s Implementation of ‘Alice v. CLS Bank’
  41. A Few Problems at the PTAB
  42. A ray of hope for embryonic stem cell patents in Europe; and the 4 things you need to know
  43. Pendency from Filing to First Action

July 2014

  1. Jay Walker: Fix the Licensing System
  2. Why the USPTO still has no director
  3. Supreme Court Patent Cases Per Decade
  4. Patent Prosecution Bars: My New Article
  5. Interpreting Claims Against The Drafter
  6. Alice being Applied to Allowed but Unissued Patents
  7. Intellectual Property in an Independent Scotland
  8. Trade Secrets, Trademarks, and Interstate Commerce
  9. USPTO Moves to Strongly Enforce Eligibility Limitations
  10. Data Structure Patent Ineligible
  11. SEC Charges Company with Fraudulently Lying about its Patents
  12. Federal Circuit: Administrative Agencies Can Make Rules, But Must Also Follow Them
  13. Jurisdiction over Contempt Finding
  14. Applicant’s IDS Submission of Litigation Documents Constituted Disclaimer
  15. Studying the Mongrel: Why Teva v. Sandoz Won’t Solve Claim Construction
  16. Federal Circuit affirms Rule 12 dismissal of a design patent case
  17. Federal Circuit Orders District Court to Stay Litigation to Await Conclusion of Later-Filed Post-Issuance Review (CBM) Proceeding
  18. Federal Circuit Sends Patent Case to Eighth Circuit
  19. A Law Prof’s Widow Looks Back
  20. Patently-O Bits and Bytes by Dennis Crouch
  21. Compulsory License as a Remedy for Trade Secret Misappropriation
  22. Ninth Annual Door County Intellectual Property Academy
  23. Federal Circuit: How Not to Describe the Invention
  24. Alice, Artifice, and Action – and Ultramercial
  25. Patent Examiners and Litigation Study
  26. Guest Post: Selectively Targeting the Patent Troll Problem
  27. Federal Circuit: You Don’t Infringe . . . You Still Must Pay for Infringing
  28. Looking for Volunteer Tech Assistance
  29. The Written Description of a Trade Secret
  30. Federal Circuit: To Satisfy the Written Description Requirement, a patent “must at least describe some species representative” of the accused product.
  31. Going to be on Vacation and in Argentina Teaching, so Posts will be Sparse for a While
  32. Federal Circuit: Now is Not the Time to Judge the Constitutionality of the First-to-File Patent Regime
  33. New Headlines from Patently-O

June 2014

  1. An Open Letter from Judge Rader
  2. Taming the Mongrel: Aligning Appellate Review of Claim Construction with its Evidentiary Character in Teva v. Sandoz
  3. Panel asks Highmark Litigants for Additional Briefing on Remand
  4. Federal Circuit will again review the Subject Matter Eligibility of Ultramercial’s Internet Advertising Patent.
  5. Alice in Patent Land
  6. Opening of the Rocky Mountain Patent Office Raises Denver’s Profile as Center of Innovation
  7. Tom Bell on Copyright
  8. Teva v. Sandoz: Teva’s Opening Merits Brief
  9. Teva v. Sandoz: Standard of Review for Claim Construction(?)
  10. Marlboro Man Seeks to Snuff Out t-Shirt Maker
  11. PTO Issues Alice-based Examination Instructions
  12. PTO Puts Out Guidelines On Alice
  13. If you thought Alice v CLS Bank lacked a useful analytic structure
  14. Hindsight in 101 Jurisprudence: an early morning half-baked thought or an insight?
  15. Federal Circuit Holds Mediator Violated Duty of Disclosure, but Relief Under FRCP 60(b) Unwarranted
  16. The Three Faces of Prometheus: Alice and Generic Application
  17. The Supreme Court’s Alice Decision on Patent Eligibility of Computer-Implemented Inventions: Finding an Oasis In the Desert
  18. SCOTUSblog symposium on Alice v. CLS Bank
  19. Which Side of the Mushroom did Alice Eat From?
  20. CNN on 10 Cool Inventions
  21. Guest Post by Prof. McKenna: The Implications of Blackhorse v. Pro-Football, Inc.
  22. Article in Wisconsin Bar Journal about that State’s Anti-troll Efforts
  23. Alice v. CLS Bank: Claims Invalid Under Section 101
  24. CLS Bank is out
  25. A REDSKINS football team is Disparaging to Native American Persons and thus Cannot be Registered as a US Trademark
  26. Redskins mark cancelled
  27. Patent Agent and Criminal Defense Lawyer? Not.
  28. Indefiniteness “Can Be” Difficult under Nautilus
  29. Regional Director Russ Slifer
  30. Judge Rader on Judge Rader’s Retirement
  31. Tesla Motors and the Rise of Non-ICT Patent Pledges
  32. Upcoming Events with the IPO
  33. Akamai: Is the Answer in the Common Law?
  34. Judge Rader Retires
  35. Study on Patent Trolls and the Criticism Begins
  36. The Proper Role for the Presumption of Validity
  37. Mercer Receives ABA Gambrell Professionalism Award
  38. Tesla’s Patents are Your Patents
  39. Judge Chen and Nonobviousness
  40. “Mine-run” and other puzzles
  41. Guest Post: The Rise of The End User in Patent Litigation (and Attorney Fee Shifting)
  42. Struggling with Nautilus: Patent Claims Through the Eyes of Non-Lawyer Technologists
  43. Presidential Elections: Campaign IP Enforcement
  44. Judge Hudson (E.D. Va.) Agrees with Google that Prosecution Bar Should Cover CBM
  45. Biosimilars, Ethics, and my Takeaways
  46. Examples of Nautilus Impact
  47. The Market Effects of Recent Patent Law Revisions
  48. On my way to speak in NYC at the Biosimilars Conference on Ethics
  49. How will Nautilus affect indefiniteness at the PTO?
  50. Court Affirms Rule 11 Sanctions for Frivolous Claim Construction, Infringement Position
  51. Federal Circuit: In order to appeal USPTO post-grant decision, third party requestor must show “injury in fact”
  52. Cartoons on How the IPR Process Works from Perkins Coie
  53. Ego, Law, and Justice Alito’s Opinion
  54. Hump Day Humor: Deposition on what is a photocopier.
  55. Supreme Court asks for SG’s Views on Hearing Another Inducement Case
  56. Judicial Error and Justice Alito’s Hypothetical in Limelight
  57. Is the Federal Circuit Really Worse Than the Cubs?
  58. Patent Reform 2014: Removing Non-Practicing Entities from the USITC’s Jurisdiction
  59. No Patent Office Director – 486 Days Later
  60. Two new Supreme Court Patent Decisions
  61. Supreme Court: To Be Valid, Patent Claims Must Provide Reasonable Certainty Regarding the Claim Scope
  62. Oregon Supreme Court Permits Patent Firm to Claim Privilege Over Communications with Internal Counsel
  63. Supreme Court Rejects Expanded Inducement Doctrine
  64. Patents as Collateral
  65. Federal Circuit: Firm Cannot Switch Sides in Patent Case
  66. The OED as Troll Hunter?

May 2014

  1. UseNet is Prior Art
  2. An Open Question: Can Counsel be Liable Under 285?
  3. Guest Post: Defend Trade Secrets Act — A Primer, an Endorsement, and a Criticism
  4. K/S HIMPP v. Hear-Wear Technologies: Common Sense and Claim Elements
  5. Motions Panel Denies Writ to Overturn Disqualification of Firm
  6. Guest Post: PTAB Partial Institution of IPR and CBM Review Violates the AIA– But There Is a Simple Fix
  7. Speaking Friday at Colorado Rocky Mountain IP Meeting
  8. A Risk of Moonlighting
  9. Patently-O Bits and Bytes by Dennis Crouch
  10. Some Post-Holiday Humor
  11. SmartGene v. Advanced Biological Laboratories
  12. Patent Application Pendency (Timing from Priority Date)
  13. What is a Fair Share for Inventors?
  14. A Warm Welcome to Chief Judge Prost
  15. Chief Judge Rader stepping down as Chief as of 5/30
  16. Some Thoughts on 285 Post-Octane
  17. Patently-O
  18. DLA Piper Email Issue
  19. Akin Gump wins verdict in TS case for client then learns evidence fake and so withdraws and confesses
  20. Patents Issuing with No Assignee
  21. Bad Client Review on Avvo or Whatever? Think Twice Before Responding
  22. Patent Reform 2015
  23. Fee Shifting as a Risk Management Exercise
  24. What Issues Involving Money do “Your Friends” Confront?
  25. Applicant-Assignees
  26. Trade Secret Subject Matter Eligibility
  27. Supreme Court: In Copyright, Laches Cannot Preclude Actions Taken Within Three Year Statute of Limitations
  28. PTO: Business Method Patent in 100 Days
  29. Chart: Claims Per Application
  30. Speaking Monday at the Minnesota IP Section’s “Stampede”
  31. Justice Scalia on Legal Education
  32. Redskin Great Can’t Call Himself That.
  33. Friday Afternoon Rant
  34. McKool Smith, Client Agree Firm Can Withdraw: Judge Says No.
  35. Kelley Drye Misses First Step in Collecting $14 Million Fee from Client
  36. Fee Shifting in the Future
  37. Baker Botts responsible for $40m damages to client, but claim barred by limitations
  38. Hogan Lovells Files Petition to Compel Arbitration of Dispute with Former Client
  39. Williams & Woelker on Fee Shifting | Hricik News
  40. En Banc Federal Circuit to Review ITC’s Power over Induced Infringement
  41. Speaking at the Philadelphia Intellectual Property Law Association Meeting Tonight
  42. Guest Post: Federal Circuit Blocks Trademark for Being Disparaging to Muslims
  43. Interesting New York Case on Interplay between Statutory Fee Awards and Contingent Fee Agreements
  44. The Veil Over Camelot
  45. Why You Should Give Only the Best Legal Services But Not Promise to Do So.
  46. Seeking Reexam for a Third Party of a Patent You Obtained for a Former Client
  47. Guest Post: Are APIs Patent or Copyright Subject Matter?
  48. Monday Morning Rant
  49. Calculating Fee Awards
  50. 35 USC 282
  51. More on Claiming Clones: Products of Nature and Source Limitations
  52. Patent Rights are a Marital Asset and Non-Inventing Spouse is a Co-Owner
  53. Spouses of Inventors as Co-Owners
  54. Sanctions in Monsanto Case Against DuPont for Factual Misrepresentations Upheld
  55. Federal Circuit Supports Dual Patent/Copyright Protection for Interface Software
  56. Kalo on the main page, and some thoughts learned from Jonathan Turley
  57. Claiming Clones
  58. Funk Brothers v Kalo – Eligibility or Unobviousness?
  59. Did Therasense bury burying?
  60. An Update on Therasense and Exergen
  61. The Price Elasticity of Demand for Patents
  62. Microsoft v. DataTern: Judge Rader’s Dissent Withdrawn
  63. Federal Circuit Implements Low Standard for Prima Facie Indefiniteness Rejection
  64. Comparative Patent Remedies
  65. Court to Employer: No Paper, No Assignment
  66. Akamai
  67. Supreme Court Reinstates $6.6 Million Attorney Fee Award
  68. Biosimilars Ethics?
  69. Psm
  70. The Order Dismissing for Lack of Subject Matter Jurisdiction the Texas Conflicts Case
  71. Penn State’s Auction Fail
  72. An Aside: The State of Legal Education, the Impact of USN Rankings on Science/Math Majors
  73. Nice short piece on the risks of AIA transition & 102/103 and malpractice
  74. Discussion Fodder
  75. Attorney Fees Awarded Following Consent Decree
  76. Patently-O
  77. $50m Conflict of Interest in Prosecution Case being Tried in Texas
  78. Opportunity Lost: Economic Analysis in Apple v. Motorola

April 2014

  1. Fee Shifting: First the Supreme Court, Now Congress
  2. Supreme Court Takes-On Question of Joint Infringement
  3. Today is Dennis’s Birthday
  4. Kappos to Lincoln
  5. Expanded Disclosure Obligations for Inequitable Conduct Due to USPTO Rules?
  6. Digital Patent Infringement and the ITC
  7. Octane is Out
  8. SCOTUS: District Courts Have Broad Discretion in Awarding Attorney Fees in Patent Litigation
  9. Oral Arguments: Can the Supreme Court Force Clarity in Claim Scope?
  10. Watch the #StopBadPatents Commercial
  11. District Courts and Patent Cases, Part I
  12. Join Me, Mark Lemley, Judge Reyna and Many More in Colorado in June
  13. GWU Students Consider IP Careers
  14. Federal Circuit: Jury Must Award Damages for Infringement
  15. Congratulations to the Winners of the Giles S. Rich Patent Moot Court Competition
  16. ABA: Lawyers Can Look at Jurors’ Facebook Pages, But Not Try to Friend Them.
  17. Fifth Circuit Affirms Summary Judgment of No Malpractice Liability
  18. Patently-O
  19. Preempting Patent Reform
  20. Transfer on Mandamus
  21. Four Opinions Defining “a Patient” and Is a Natural Phenomena an Act of God?
  22. Court Expands Doctrine of Obviousness Type Double Patenting
  23. Naming Yourself as an Inventor
  24. Proving Obvious with Post-Filing Evidence?: Yes
  25. CAFC Affirms Adverse Inference Instruction Due to Spoliation
  26. Dicta about lawyers never being inventors on their clients’ applications
  27. Interesting Opinion Piece on Prosecution Bars
  28. Searching for a Lien on a Patent
  29. Preliminary Injunction Can Issue Even Though Patentee Does not Practice the Invention
  30. Over on the main page…
  31. 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
  32. Curbing Trolls by Reforming the Patent Marking Statute
  33. Off-the-Record Examination: Is Conventional Wisdom Wrong?
  34. Why No Patent Revivals?
  35. Substantial Unresolved Issues Unravel Preliminary Injunction
  36. Individual Inventors, Corporate Owners
  37. CAFC Affirms Section 285 Sanctions Without Citing the (incorrect) Brooks Standard
  38. Medtronic: Patent Enforcement will Kill Patients
  39. Making Examiner Interviews Transparent
  40. The PTO’s Role (none) in Defining the Elements of Unenforceability.
  41. Patent Grant Numbers
  42. Interesting Article Providing Data Analyzing Exergen/Therasense’s Impact
  43. Means Plus Function: What Structure are you Referring To?
  44. Speaking Saturday North of Atlanta on Conflicts in Patent Work
  45. Book Review: Building Better Babies by Michael de Angeli
  46. Speaking at the June NYC Conference on Biosimilars
  47. Patent Reform: It’s now or never?
  48. Claiming Priority to Provisional Applications
  49. Patenting a Data Structure?
  50. High Level Patent Reform
  51. Fee Shifting
  52. Microsoft v. DataTern: Declaratory Judgment Jurisdiction and End User Lawsuits
  53. Reminder on AIA-Transition Applications
  54. PatCon 4: The Patent Troll Debate
  55. Judge Robinson Finds Patentee Violated Rule 11 for Asserting a Claim that Required “printed” Material Covered Amazon’s Kindle
  56. N.D. Cal. Magistrate Permits IPR Participation, but not Amending Claims, under Narrow Facts
  57. Senate on Patent Reform
  58. Supreme Court on Patent Law
  59. “Partnership for Innovation” — big companies seeking patent reform
  60. Design patent nonobviousness jurisprudence — going to the dogs?
  61. Retailer Lawsuit May be Severed and Stayed Pending Outcome Against Manufacturer
  62. Interesting North Carolina opinion: Clients may be entitled to e-files in a preferred format
  63. Guest Post by Prof. La Belle: Demand Letters, DJ Actions, and Personal Jurisdiction
  64. 2d Edition of Ethical Issues in Patent Litigation now available!
  65. My paper on judicial ethics and social media, the Internet, etc., now available
  66. Hricik on Ethics
  67. Giving a webinar on conflicts in prosecution, opinions, litigation on April 2!
  68. Patent Reform Moving Forward in Congress
  69. A random thought about CLS Bank’s Oral Argument

March 2014

  1. Unpatentable: See Bilski, Mayo, Flook, and Benson
  2. Supreme Court to Consider De Novo Review of Claim Construction
  3. Supreme Court to Address Standard of Review for Claim Construction
  4. Alice Corporation Pty. Ltd. v. CLS Bank International
  5. Client, Firm Lose 12(b)(6) Motion to Inventor who Claims Firm Stole his Trade Secrets
  6. Preclusion in Patent Litigation
  7. Co-Owners Messing with Patent Rights
  8. New York State Bar Issues “Guidelines” on Lawyer Use of Social Media
  9. California Opinion Enters the Fray on What is Puffing, What is Fact, in Negotiations
  10. Patent Glossary Pilot Program
  11. New York Ethics Opinion: You can pay for physical evidence, but….
  12. Federal Circuit: An Author is not an Inventor (And Thus, a Claim of “Authorship” Does Not Raise an Inventorship Dispute).
  13. Supreme Court Opens Door on Unfair Competition Lawsuits
  14. What I Learned at the Emory Troll CLE
  15. Virginia Legislature Passes Anti-Troll Bill
  16. Judge Robinson Issues Prosecution Bar Regarding IPR, Etc.
  17. Senate to start moving again on patent “transparency” bill
  18. Speaking Monday at Emory on Troll Litigation
  19. The meaning of “intellectual property”
  20. Patently-O
  21. Presidential Innovation Fellowship for USPTO Data Initiatives
  22. Bose v. SDI: Post-verdict intent
  23. What does the Constitution mean by “Discoveries?”
  24. Judge Kozinski Reversed by Federal Circuit: Google May be Liable for Street View
  25. Gone Fishing: 25 year old patent application rejected again
  26. EPO: Lies, Damned Lies and Statistics
  27. I’m on Spring Break!
  28. PatCon 4
  29. Guest Post: Patent Remedies Should Not Depend on a Patentholder’s Business Model
  30. Upcoming Events of Interest
  31. Judge Michel’s Brief in CLS
  32. Judge Posner Slams Lawyers, Issues Show Cause Order, Suggests Discipline
  33. Software Patent Eligibility: Alice Corp v. CLS Bank on the Briefs
  34. Should the Claim Construction Standard for PTAB Post-Grant Proceedings Be Changed?
  35. Footnote 11 in Pfaff
  36. The Downstream Effect of Owning an Invalid or Unenforceable Patent
  37. Danisco v. Novozymes: DJ’s and pre-issuance activity
  38. A Patentee Must Prove Infringement (Or Else Lose)
  39. Obamacare and Innovation: #GeeksGetCovered
  40. Scholarship: What Patent Attorney Fee Awards Really Look Like
  41. Today’s Supreme Court [Land] Patent Decision
  42. Ongoing Royalty against Apple: Higher than Back Damages and Willfulness a Given
  43. AOL’s Sarah Harris to be USPTO GC
  44. USITC Asks En Banc Federal Circuit for Power to Block Imports Whose Distribution Induce Infringement in the US
  45. Court: Claim Term Lacks Definiteness but is not Legally Indefinite
  46. In Memoriam: Prof. Sarah Tran
  47. Federal Circuit to Take on Corporate Law Question of CEO Liability for False Submissions
  48. Sarah Harris as Next USPTO General Counsel
  49. Thank you foliovision
  50. Speaking Monday at Akron Ohio at the Sughrue IP Conference
  51. Examining Eligibility: USPTO Guidelines on Products of Nature, Laws of Nature, and Natural Phenomena
  52. Apple Loses on Claim Construction and Indefiniteness
  53. Daughter breaches confidentiality clause in settlement agreement of suit by Facebook post.
  54. You can be friends with a judge, but can you be “friends” with a judge?

February 2014

  1. 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
  2. My exhaustive (and last, really I promise!) post about why 101 is not a defense, nor properly raised in CBM proceedings
  3. Federal Circuit Splits on Venue Transfer Issues
  4. Man Disrupts Oral Argument at Supreme Court on 285 (humor alert)
  5. Industry Responds to White House Calls for Prior Art, Examiner Training
  6. 285 at the Supreme Court
  7. Supreme Court on Fee Shifting – A review of Oral Arguments in Octane Fitness and Highmark
  8. New 101 case… scares me…
  9. Federal Circuit: Enablement More Difficult When Invention Faces Skepticism
  10. More USA Jobs
  11. More About the OED Jurisdictional Reach
  12. Patent Plaintiffs May Welcome More Fee Shifting
  13. Federal Circuit: Patent Case May be Transferred to Court with No Personal Jurisdiction over Plaintiff
  14. Means-Plus-Function: Invalidity Needs Expert Testimony
  15. Webinar on Functional Claiming
  16. Deserving of Attention: The Proposed Abrogation of Civil Rule 84 & the Official Forms
  17. Patently-O Bits and Bytes by Dennis Crouch
  18. Lighting Ballast: Deference Would Have Only Masked the Problems
  19. “Inventive Concept” and the Hot-Blast Cases
  20. En Banc Federal Circuit Confirms Cybor: Claim Construction Reviewed De Novo on Appeal
  21. Two Upcoming Conferences
  22. Duty of disclosure Questions?
  23. Executive Action For Patent Reforms
  24. White House Fact Sheet on Patent Reform
  25. Ring & Pinion v. ARB: No Foreseeability Limitation on DOE
  26. Patent Reform 2014: Via Executive Action
  27. Contribution and Indemnity Under the IP Laws
  28. Speaking tonight at the IP Inn of Court in Austin
  29. The Value of Open Data for Patent Policy
  30. Disjunction in IP Litigation: Patent Courts are not Copyright Courts
  31. Howrey Bankruptcy Court: Trustee can go after billables collected from firms where Howrey’s partners went
  32. Broader Dependent Claims?
  33. Patently-O
  34. Patent Law Jobs
  35. Pendency of Patent Infringement Litigation
  36. Upcoming Supreme Court Arguments
  37. Monday Morning Rant: Law Professors’ Writings.
  38. The Solicitor General on Section 285 in Octane: he got it right!
  39. 3M & GE: Defendant Litigation Practices are Just as Bad Nuisance Settlement Trolls
  40. What is Intellectual Property Law?
  41. Patently-O
  42. Law Professors Opposed to Amendments to FRCP; Defense Counsel In Favor
  43. Micro Entity Status: Who is Filing for Micro Entity Status?
  44. Patent Reform: MBHB Webinar
  45. Patents as Community Property?
  46. Micro Entity Early Stats
  47. Heightened Pleading Requirements: Patent Reform through the Supreme Court and Judicial Conference
  48. Federal Circuit to PTAB: New Factual Findings Required Following Amended Claim Construction
  49. Nice piece reminding us on privilege when ownership of entities changes.
  50. OED’s jurisdictional reach: 1985 versus 2014
  51. Whither the USPTOs Authority to Require Ownership Recordation
  52. AIPLA’s brief in CLS Bank
  53. Legislation to curb abuse of post-grant proceedings?
  54. Attorney Fees: Litigation Misconduct But No Fees Awarded
  55. Exela takes its Collateral Patent Challenge to the Federal Circuit
  56. Patent Case Filings: Slow Start in 2014
  57. Proposed Rules: Identify the True Owner on Pain of Abandonment
  58. Speaking in Arizona on February 6 on Ethics
  59. Analysis of 2013 Board Decisions Regarding ‘Configured to’ Language
  60. The Next Patent Office Director …
  61. PTO puts out for notice & comment rules requiring identification of “attributable owner” of applications
  62. OED Director’s recent comments on customer number practice
  63. Dissenting over Internal Procedures at the Federal Circuit
  64. Federal Circuit: The Term Receiver (found once in the specification) Sufficiently Discloses the Claimed Receiver and Receiver Means
  65. Medtronic: Much ado about nothing in light of Frolow and “Marking Admission”
  66. Warranty of Non-Infringement
  67. Indefiniteness at the PTAB

January 2014

  1. Priority Claims in US Patents
  2. The Paramount Interest in Seeing that Patent Monopolies . . . are Kept Within their Legitimate Scope
  3. Quinn Firm Sanctioned, but not Samsung, for Disclosure of Apple Licensing Info
  4. SmartGene v. ABL: Foreshadow of the Supreme Court in CLS Bank?
  5. A trap for the unwary: Indemnity obligations may create privity for purposes of IPR
  6. Philadelphia Ethics Opinion on Departed Partner’s Email
  7. President Obama on Patent Law
  8. Power Grab?: USPTO Says No Appeal (CW v. WARF Part V)
  9. When Others Infringe Your Patent: Is it a Deductible Business Loss?
  10. ALL the Facts: PAEs are Suing Many More Companies
  11. Patent Types: Method, Non-Method, or Both
  12. Average Number of Independent Claims Per Patent
  13. Michelle Lee: USPTO to Push Administration Goals in both Prosecution and Litigation
  14. Functional Claim Language in Issued Patents
  15. Details Details: Defective Priority Claim Means No Priority Claim
  16. References Cited Per Patent
  17. Supreme Court Reverses Federal Circuit: Holds that Patentees Always have Burden of Proving Infringement
  18. What does it mean for a device to be “configured to” perform a particular function?
  19. Infringement vs. Trespass
  20. Jumbo Patents of 2013
  21. Federal Circuit: Claim Construction Should be Avoided Unless Associated with a Recognized Meaningful Case Outcome
  22. More information on the Novartis v. Lee Change in Patent Term Adjustment
  23. Jury Trials in Patent Cases
  24. Old Applications; New Patents
  25. Sedona Conference Webinar – Patent Litigation Best Practices
  26. By dennis crouch edwards lifesciences v medtronic d delaware 2014 a delaware jury has awarded edwards lifesciences almos
  27. USPTOs Budget to Rise Significantly
  28. Jumbo Patents on the Decline.
  29. Yoga Patent & Patent Quality
  30. Scalia scolds newbie advocate….
  31. Nazomi v. Nokia
  32. Hyatt v. USPTO: Three generations of poor examination are enough.
  33. Readjusting Patent Term Adjustment
  34. Patent Troll to FTC: We complied with Rule 11, and so we’re suing you.
  35. N.D. Cal. Holds its Model Protective Order Covers IPR Proceedings
  36. Patent Trolls Storm the FTC
  37. European Patent Notes on Divisional Applications
  38. Acquired Patent Licensing: Guest Post by Prof. Risch
  39. Guest Post on Pacific Coast Marine by Prof. Sarah Burstein
  40. Random Thought about Fresenius, Races to Judgment, and Choice of Law
  41. Square Pegs, Round Holes: Guest Post by Mark Janis and Jason Du Mont
  42. Lawyer fails to correct Rule 131 Dec; Patent held unenforceable; lawyer agrees to discipline
  43. Supreme Court on Intellectual Property
  44. Quiet: Introverts and Patent Rights
  45. Patent Term Adjustment 2013
  46. Federal Circuit Claims Jurisdiction over Regulatory Decision but Denies Nationwide Injunction for State Law Infraction
  47. USPTO Approves of And/Or Claim Limitation
  48. USPTO Fees
  49. Utility Patents Granted in 2013: A New Record (For the Fourth Consecutive Year)
  50. One more Click: Settlement Agreement Revives Disney’s Business Method Patent

2013 557

December 2013

  1. Institut Pasteur: Federal Circuit Takes Hard Look at USPTO Board Factual Conclusions
  2. Speaking of Frivolous and Harassing Assertion of IP Rights Against Small Businesses…
  3. Verdict and Settlement
  4. Further thoughts on Fee-Shifting from Judges Rader and O’Malley
  5. Federal Circuit in Kilopass: Section 285 is not as rigid as Brooks Furniture Suggests
  6. Guest Post: So what if a True Invention Uses a Computer!
  7. Lawyers Challenge Constitutionality of Florida Advertising Rules
  8. Michelle Lee, Hal Wegner and Professor Scalia
  9. AIPLA to FTC: You’re Not Doing it Right.
  10. Top Patent Law Stories of 2013 (Webinar)
  11. Reading Patent Law
  12. “Top 10” Patent Cases of All Time
  13. CBT Flint v. Return Path: Applying 28 U.S.C. 1920(4) to E-Discovery Costs
  14. Patent Law Exam: Questions 2-4
  15. Proving Anticipation-by-Inherency: It is Hard
  16. Question 1 on my short-answer patent law final
  17. So long ITC for a number of cases?
  18. Amendments to FRCP 37 and 45: Foley’s Summary
  19. AIPLA Files Amicus Brief in Octane v. Icon on 285, Urging Supremes to Reject Brooks Furniture Test
  20. US Government Suggests that Supreme Court Reject Federal Circuit’s Divided Infringement Jurisprudence
  21. Director Michelle Lee: A Rough Start
  22. Another Fight Over The Procedure for 103: Galderma v. Tolmar
  23. Michelle Lee, Acting as Director but not “Acting Director”
  24. Nokia a “patent troll”?
  25. UK’s AG: Twitter, Facebook signal doom of fair trials
  26. Nice Short Piece on Spoliation
  27. Chisum on Patents: Abstract Ideas
  28. Rule 37 Sanctions against Amphastar in ANDA suit
  29. Supreme Court: The Right to a Jury Trial on Obviousness
  30. Rader/Chien/Hricik Op-Ed quoted by Judge Alsup
  31. More of my Rant about the CAFC’s Interpretation of Section 285
  32. Unpublished US Applications
  33. Ethics and Using Undercover Investigators to Ferret Out IP Infringement
  34. Is Software Patentable?: Supreme Court to Decide
  35. Is Your Alma Mater a Troll?
  36. Capturing the Consumer Surplus through Downstream licensing and Infringement Lawsuits
  37. Troll Bill Passes House
  38. Next Step in Patent Reform
  39. Legislative update.
  40. Humor: The Post Office’s Use of the Sexy, Sultry Vegas Version of the Statue of Liberty
  41. Constitutional Challenge to Administrative Patent Review – Part IV
  42. 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
  43. Federal Circuit’s Most Frequently Cited Cases in 2013
  44. An Aside: The Relationship Between Negligent Misrepresentation and the Economic Loss Doctrine
  45. Interesting Malicious Prosecution Suit Based on Suit Over Filing of ANDA
  46. After Final Consideration Pilot (AFCP) Extended
  47. Apple, Nokia Propose Severe Sanctions Against Samsung, Quinn Emanuel for Alleged Breach of Protective Order
  48. The Interplay Between the Rules of Civil Procedure and Section 282
  49. Henry Ford, Patent Trolling, & the Goodlatte Innovation Act in Cartoon Form
  50. FTC to study trolls, seeks information.
  51. Strategic use by VCs, others, of IPR proceedings?
  52. Some more thoughts about Section 285
  53. Virtual Designs

November 2013

  1. Patently-O Bits & Bytes by Lawrence Higgins
  2. FLH Summarizes Senator Hatch’s Anti-Troll Bill
  3. California appellate court permits narrow exception to rule against non-assignability of legal malpractice claims
  4. Constitutional Challenge to Administrative Patent Challenges – Part III
  5. Can hitting “reply to all” violate Rule 4.2’s prohibition against ex part contacts?
  6. New Study on Trolls
  7. IP Law Professors Rise-Up Against Patent Assertion Entities
  8. Working on Second Edition of Ethical Issues in Patent Litigation
  9. PTO Transitions: Director and Deputy Director Positions Open
  10. Mullin on Spangenberg
  11. Ethics, Civil Procedure, and the Rules Enabling Act
  12. Shooting Blanks: Federal Circuit finds Knock-Off Manufacturer not a “Willful Infringer”
  13. Patent Reform 2013: Demand Letter Transparency Act of 2013
  14. Patent Reform 2013: Measured Reform Proposals from the Senate
  15. Ohio Willow Wood v. Alps South
  16. Design patents, trade dress & Apple III
  17. Keep those files handy: OED’s 10-year statute of limitations on discipline
  18. A Computer Encompassing a Human
  19. Judge Posner on Patents
  20. Federal Circuit offers Apple Second Chance to Block Sales of Samsung Galaxy Nexus Devices
  21. PTAB Appeals 10-Second Survey
  22. Nice short update on District Courts after Therasense
  23. Guest Post by Prof. Risch: Functionality and Graphical User Interface Design Patents
  24. PTAB Backlog
  25. A Few Upcoming Events
  26. Lawsuit Abuse Reduction Act of 2013
  27. Hricik on 101
  28. My second (belated) post about 101.
  29. Cisco on the Wrong Side of Xenophobia and Anti-Religious Jury Tactics
  30. Lawyer Can’t Quote Judicial Opinions Praising His Lawyering… so says New Jersey
  31. Recent Posts on Patently-O
  32. Independent Justification for Appellate Standing over Administrative Patent Challenges – Part II
  33. A First IPR Decision on the Merits
  34. Interesting new survey results from a timequalcomm survey of 10000 global consumers read here httpwwwqualcommcom
  35. Should you Transform Your Pre-AIA Application to an AIA Application?
  36. Independent Justification for Appellate Standing over Inter Partes Reviews
  37. Guest Post – PAEs under the Microscope: An Empirical Investigation of Patent Holders as Litigants
  38. Court Sanctions in Litigation Lead to OED Reprimand
  39. Substantial Evidence Rule Kills PTAB Appeals
  40. Apple v. Samsung: Samsung’s firm sends ‘outside counsel only’ information to Samsung Execs, who apparently use the information.
  41. Disuniformity
  42. One of my favorite malpractice suits.
  43. Tuesday: AIPLA Webcast on Spotting Conflicts in Patent Practice
  44. The Landscape of Proposed Patent Law Amendments – A Comparative Look
  45. N.D. Cal Examines Modification of Prosecution Bar to Allow for IPR Participation
  46. Bits & Bytes from Jonathan Hummel
  47. Summary of Oral Argument in Medtronic v. Boston Scientific by Prof. La Belle
  48. Exhausting Method Claims
  49. Troll cartoon.
  50. Chief Judge Rader’s Remarks at ED Tex Touch on Litigation Abuse, Trolls, 101..
  51. Judge Posner labels Firm’s Argument “Frivolous” and “Censures” Firm
  52. Speaking at the International Performance Management Institute on Monday in Carlsbad, CA
  53. Speaking Today at the 18th Annual Advanced Patent Law Institute in Austin, Texas
  54. Federal Circuit to PTO: Apply KSRs Broad Basic Mandate

October 2013

  1. Antigua Preparing to Move Forward with WTO Authorized Rejection of US Copyrights
  2. Warning: do not use political hearing video for a political purpose
  3. Section 337 Caseload and Win Rate Revert to Norms
  4. AIA Patents
  5. LinkedIn and Ethics – Florida opinion
  6. Federal Circuit: Patent Claims Broadened During Prosecution Fail Written Description Requirement
  7. Federal Circuit Affirms Denial of Fee Award Under the (Incorrect) Brooks Furniture Standard
  8. Innovation Protection Act of 2013
  9. Patent Reform 2013: Pending Bills
  10. Judge Denies Motion for Continuance to Party Who Needs New Firm Because Party Anticipates Litigation with Counsel of Record
  11. Intellect Wireless v. HTC
  12. Of possible interest: Capitalization of Litigation Costs by Contingent Fee Lawyers
  13. Challenging the PTO’s NonAppealable Decisions to Grant or Deny Petitions for Inter Partes Review
  14. Upcoming Fee Changes
  15. Bits & Bytes from Jonathan Hummel
  16. New Patent Legislation: Innovation Act of 2013
  17. Another Means-Plus-Function Patent: Invalid as Indefinite
  18. Interpreting the IPR Deadline; Conflicting PTAB Decisions; and Appealing Nonappealable Decisions
  19. A short observation about Ultramercial v. Hulu
  20. Update on Sony v. 1st Media
  21. Rep. Goodlatte releases second version of “anti-troll” bill
  22. Samsung Proposes a Patent Pledge to Settle EC FRAND Investigation
  23. The Meaning of Section 285
  24. Enforcing Injunctions: Perhaps Not so Powerful
  25. Supremes Deny Cert in Sony v. First Media: Update
  26. Ocean Tomo versus PatentRatings
  27. Naming Yourself as a Co-Inventor or Alone Patenting an Improvement on a Client’s Disclosure
  28. New Lawsuits: Gillette and P&G
  29. Federal Circuit Unanimously Affirms Inequitable Conduct, Teaching that Curing False Statements Needs to be Done Clearly
  30. An interesting response to Chief Judge Wood’s Question
  31. Patent Invalid for Failure to Claim “What the Applicant Regards as His Invention”
  32. Federal Circuit Affirms District Court’s Refusal to Allow Amendment of Contention Interrogatories
  33. What is Your Experience with Patent Assertion Entities and Patent Licensing?
  34. Intellectual Ventures and its 80,000 Patents
  35. Supreme Court Action Today
  36. Judge: Abolish Exclusive Jurisdiction of CAFC Over Patent Appeals
  37. Fascinating Split Decision on Impact of a Rule 36 Affirmance that May have Significant Consequences
  38. Mandamus granted ordering E.D. Texas to Transfer Case to Ohio
  39. Patent Law Federalism (Part II): Protecting the Free Speech Interest of Patent Owners to Conduct an Out-of-Court Patent Enforcement Campaign
  40. What is an Exceptional Case such that Court Should Award Attorney Fees?
  41. Government Shutdown & Patent Law Practice
  42. Prior Art for Obviousness
  43. Here is a Good Lesson for Everyone
  44. Supreme Court’s New Patent Cases
  45. Undoing Gunn v. Minton: Proposed Legislation Would “Clarify” Federal Subject Matter Jurisdiction Over Patent-Related Malpractice Claims.

September 2013

  1. Speaking in Wilmington on Ethics in a Post-AIA World on Tuesday, October 1
  2. Under the aia a person shall be entitled to a patent unless 1 the claimed invention was patented described in a printed
  3. Licensee Underreporting
  4. Bits & Bytes from Jonathan Hummel
  5. USPTO and Government Shutdown
  6. October 4 2013 httplawmissourieducsdrsymposium2013
  7. FTC on Patent Trolls
  8. Federal Circuit: Intentional Abandonment Equals Unintentional Abandonment?
  9. On a panel today in Cleveland on Professionalism and Alternative Fee Agreements
  10. PTO Post-Issuance Filings
  11. Amending the America Invents Act 2013
  12. A Great Lesson on Close Reading, Textualism, and Civility…
  13. On a Panel Today Addressing Professionalism Issues in Alternative Fee Agreements in Cincy
  14. CAFC Splits on Reversing Summary Judgment of Inequitable Conduct
  15. Random bit: Textualism, the Patent Act, and Section 101
  16. Patent Reform 2013 – A Discussion Draft
  17. Story on the Main Page About Preemption of State “anti-troll” Laws
  18. Next Federal Circuit Judge: Todd Hughes
  19. Patent Reform 2013
  20. Fun on a Monday: Describe law school in a six word sentence.
  21. Patent Law Federalism
  22. Billing Ethics… Again
  23. Testing comments
  24. 2014 Holiday Gift Guide for Patent Attorneys – No. 1
  25. Is “Insolubly Ambiguous” the Correct Standard for Indefiniteness?
  26. AIA Changeover: Claiming Subject Matter Not Found in the Provisional Application
  27. Trends in Inequitable Conduct
  28. The Rambus Spoliation Case
  29. Competitive and Paid Patent Prosecution Law Internship Starting Now
  30. My entry 29
  31. Raising Maintenance Fees for Non-Practiced Inventions
  32. Bits & Bytes from Jonathan Hummel
  33. September 19 2013 is missouris annual tech expo here at the university of missouri httpmotechexpomissouriedu spons
  34. Jenner & Block allegedly walks away from contingent fee client without just cause, but still wants to be paid $3m
  35. Hricik: Why Section 101 is Neither a “Condition of Patentability” nor an Invalidity Defense
  36. Why Section 101 is Neither a “Condition of Patentability” nor an Invalidity Defense
  37. Jon Stewart Show Takes on Biotech Patents
  38. Gunn v. Minton, Legal Malpractice, Community Property, and me.
  39. Social Media Ethics
  40. Oral Argument Recap: Lighting Ballast Control v. Philips
  41. Acting Director Rea to Step Down from USPTO
  42. High Point v. Buyer’s Direct – Tell me more, tell me more (about design patents and § 103)
  43. What is “adverse” in a patent infringement context?
  44. Resolving IP Disputes: Calling for an Alternative Paradigm
  45. Solicitor General: Don’t Grant Cert to Analyze Inequitable Conduct
  46. Patent Practitioners
  47. UK Take on Software Patent Eligibility: Claim Must include Feature that is both Technological and Innovative
  48. Wawrzynski v. H.J. Heinz Company: CAFC Jurisdiction and Preemption of State Law Claims
  49. Patent Appeal Outcome by Art Unit Groups
  50. Interesting Malpractice Case Based Upon Claiming Work Product Over Pre-Suit Testing
  51. Contract Dispute: When Paying to Settle a Case Counts as Revenue
  52. Patently-O Bits & Bytes by Lawrence Higgins
  53. Surprise! The Law of Subject Matter Eligibility Remains Unsettled
  54. Exergen as the Guidepost for Findings to Support Inequitable Conduct
  55. Soverain’s ‘314 Patent is Now Truly Invalid
  56. What Happens Following a USPTO Board Decision
  57. Interpreting CLS Bank Int’l v. Alice
  58. A Random Thought on IPR, BRC, and Life
  59. Soliciting Thoughts on Prosecution Bars
  60. Bits & Bytes from Jonathan Hummel
  61. Ex Parte Appeal Outcome by Assignee 2005-2013

August 2013

  1. Preliminary Injunctions against Non-Parties
  2. Trading Technologies v. Open E Cry: Doctrinal Formalism in Patent Law
  3. Hiring New Law Professors
  4. Without More, Product Supplier has no DJ Jurisdiction for Protecting its Customers against Infringement Litigation for Using Product
  5. New Edition of Patent Ethics – Prosecution by Hricik & Meyer is out!
  6. USPTO General Counsel Bernie Knight Stepping Down, Going to McDermott
  7. 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
  8. October 4 Symposium and CLE on Resolving Patent Disputes
  9. Thoughts on the GAO Report and Implications for Legal Ethics
  10. Higher Pleading Standards for Direct Infringement?
  11. SkinMedica v. Histogen
  12. Federal Circuit: Secret Patent Trials are OK
  13. GAO report on patent litigation is out
  14. Some Random Thoughts on Good Appellate Practice at the CAFC
  15. USPTO: Software Composition Inventions are Unpatentable under §101 unless they Clearly Disavow that the Storage Mechanism is a Transitory Wave or Signal
  16. Revisiting the Indispensable Party
  17. Prosecution bars and the burden of proof and production
  18. On Trolls
  19. Federal Circuit Rejects Supreme Court Original and Exclusive Jurisdiction over State-vs-State Inventorship Disputes
  20. Hiring an IP Law Professor at the University of Missouri
  21. Patent Ethics by Hricik
  22. Thinking of investing in a business that competes with a former client?
  23. Some recent cases on Prosecution Bars
  24. Patently-O Bits & Bytes by Lawrence Higgins
  25. Patently-O Bits & Bytes by Lawrence Higgins
  26. Patently-O Bits & Bytes by Lawrence Higgins
  27. An attempt at some humor.
  28. Hello, everyone!
  29. Resolving Patent Disputes – October 4, 2013
  30. Supplier’s Offer to Make Product Invalidates Patent under the On-Sale Bar
  31. Full Attorney Fees ($9m) Awarded for Pattern of Vexatious Litigation Strategy, Affirmed on Appeal
  32. Patent Attorneys Love Apple
  33. The Disappearing Federal Circuit Advisory Council Model Orders
  34. Federal Circuit: Preliminary Injunctions More Available in Trade Secret Cases (Than in Patent Cases)
  35. My entry 10
  36. My entry 13
  37. My entry 2
  38. Working out the Kinks in Post-Issuance Reviews: Versata v. SAP
  39. Bits & Bytes from Jonathan Hummel
  40. Bits & Bytes from Jonathan Hummel
  41. Bits & Bytes from Jonathan Hummel
  42. Rembrandt v. Johnson & Johnson: Expert Reports and Inconsistent Testimony
  43. Impact of Restriction/Election on Claim Scope and Integrating Objective Indicia Into the Obviousness Analysis
  44. Failing to Use Post-Grant Review as a Bully Club
  45. Judge Plager: Construe Ambiguous Terms Against the Drafter
  46. Is it Time to End the USITC’s Jurisdiction over Patent Cases?
  47. Obama Administration Rejects USITC Decision Blocking Apple Imports
  48. Welcome Judge Chen!
  49. Whether Prior Art Should be Presumed Enabled

July 2013

  1. Merging Burdens on Motions at Law in Patent Invalidity Cases
  2. First First-to-File Patent
  3. Written Description: Showing “Possession” of a Negative Limitation
  4. Charles Machine Works v. Vermeer Mfg: CAFC continues rolling back the vitiation doctrine
  5. Guest Post: Why Lighting Ballast Won’t Solve Claim Construction
  6. Model Order Addressing Numerosity of Claims and Prior Art [UPDATED]
  7. Third Circuit Revives “Exclusive Generic” Contract Claim
  8. Guest Post by Christopher Cotropia on Existing Deference in Patent Claim Interpretation
  9. Integration Analysis Dooms Patent’s Written Description
  10. Federal Circuit gets Technical with PTAB Failures
  11. Federal Circuit Deciding USPTO Procedure: New Grounds for Rejection
  12. Drafting License Agreements: Agreement Unenforceable Post-Patent-Expiration Even When Contract Says Otherwise
  13. Bits & Bytes from Jonathan Hummel
  14. Bits & Bytes from Jonathan Hummel
  15. Bits & Bytes from Jonathan Hummel
  16. Bits & Bytes from Jonathan Hummel
  17. Myriad Seeks to Enforce its BRCA1/BRCA2 Gene Patents
  18. Circuit Judge Richard Linn
  19. A few recent Section 101 cases at the PTAB
  20. Appealing to the PTAB: Expecting Delay
  21. Subject Matter Eligibility Post-CLS Bank
  22. Fresenius v. Baxter: PTO Reexamination Decision Trumps Prior Decisions by both the District Court and the Federal Circuit
  23. The PATENT Jobs Act of 2013
  24. Contractual Override of Trade Secret Law
  25. Does Profit-Distribution to Professors Spoil Princeton’s Non-Profit Status?

June 2013

  1. USPTO Patent Grants
  2. Federal Circuit Begins its Campaign for Patent Clarity
  3. Did the Federal Circuit Just Adopt Functional Claiming Through the Back Door?
  4. Commil v. Cisco: Issues of validity “may” negate intent for inducement
  5. Joint Infringement Case Moves Toward Supreme Court Review
  6. How to Write a Patent Application (Second Edition)
  7. Federal Circuit: No Deference to PTO Factual Findings from Prosecution
  8. Hitler on Patent Trolls
  9. Supreme Court Adds Antitrust Consideration to Patent Settlements.
  10. Guest Post by Paul Cole: ASSOCIATION FOR MOLECULAR PATHOLOGY v MYRIAD GENETICS – an isolated decision?
  11. Twenty Thoughts on the Importance of Myriad
  12. Bosch v. Pylon: 1292(c)(2) CAFC Jurisdiction
  13. Myriad: The PTO’s Preliminary Guidance
  14. Myriad: Justice Scalia’s Concurrence
  15. Myriad: Isolated DNA out, cDNA in
  16. Monsanto Wins Again in Federal Circuit: Organic Farmers Have No Standing to Challenge Patent
  17. Fight Litigation Misconduct, But Not Through Hyperbole
  18. The European Unitary Patent System – 5 things Patent Attorneys need to know now
  19. Bits and Bytes by Dennis Crouch
  20. Patent Reform 2013: Adding Clarity and Transparency to the System
  21. Patent Reform 2013: Adding Clarity and Transparency to the System
  22. Patent Reform 2013: Adding Clarity and Transparency to the System
  23. Dey v. Sunovion
  24. Guest Post on Using the Antitrust Laws to Police Patent Privateering
  25. Congratulations to 2013 Mark T. Banner Award Recipients!
  26. Small Entity Patenting

May 2013

  1. Recent Scholarship: Investing in America’s Future by David Kappos
  2. Judge Mayer: Subject Matter Eligibility Must be Decided First Even if Not Raised by Either Party on Appeal
  3. What Is Happening In Vermont? Patent Law Reform From The Bottom Up
  4. Best Mode: Only Mostly Dead
  5. Patent Abuse Reduction Act of 2013 (S.1013)
  6. Sample Civil Procedure II Exam
  7. Motiva v. ITC and Nintendo
  8. Guest Post: Monopoly Without Apology
  9. Supreme Court to hear another Case Involving Licensees in Good Standing who Challenge Patent Rights
  10. Alexsam inc v best buy barnes noble gap jc penney mcdonalds et aled tex 2013 alexsam has asserted its gift car
  11. After Final Consideration Pilot 2.0
  12. Supreme Court Looks More Closely at Reviewing Therasense
  13. Forrester v. Wheelabrator: No Federal Subject Matter Jurisdiction Over Tortious Interference Claims Involving Prospect of Claim Construction
  14. Expanding Post-Grant Business Method Reviews: S. 866
  15. Patent Troll Panel at Yale Law School
  16. Supreme Court: Patent Rights Block Farmers from Saving and Re-Planting Patented Seeds
  17. Don’t break the chain – ensuring valid claims to priority based on US patent filings has become easier.
  18. CLS Bank v. Alice Corp: Court Finds Many Software Patents Ineligible
  19. Apple’s European Multi-Touch Patent Revived by the English Court of Appeals
  20. My entry 21
  21. My entry 14
  22. My entry 3
  23. Is This True?: The Most Innovative Products are Not Being Patented
  24. Hispanic National Bar Association IP Institute
  25. Patent Ownership Split in Divorce and Divided Ownership Negates Standing to Sue
  26. Secretary of Commerce then PTO Director
  27. Allergan v. Sandoz: The Thin Line of Nonobviousness
  28. Slow and Steady: PTAB Continuing to Address Backlog of Ex Parte Appeals

April 2013

  1. Guest Post: Nine Reasons why the Supreme Court Should Side with Myriad and Affirm the Patenting of Isolated Human Genes
  2. Lazare Kaplan v. Photoscribe: Make Sure to Always File a Cross-Appeal (Except When You Shouldn’t)
  3. UK Moving on Design Patent Rights
  4. Biogen v. Glaxosmithkline: Prosecution History Disclaimer and Claim Construction
  5. Patently-O Wordle
  6. FCBA and Santa Clara Program on Advanced Complex Litigation
  7. SO THAT’S WHAT “RAND” MEANS?: A Brief Report on the Findings of Fact and Conclusions of Law in Microsoft v. Motorola
  8. Don’t Write This Letter to the Patent Office
  9. Tidbit about 3 of recently issued us patents are following an interesting path that begins with the filing of a us provisio
  10. Issue Preclusion in Repeat Patent Cases
  11. Federal Circuit Supports Bare-Bones Patent Complaints
  12. Patent-Conscious Preparation for a Summer at the Beach
  13. Patent Pendency and the PPH
  14. Unfair Competition Book Raises Unfair Competition Claims Against Kenyon
  15. Patent Term Adjustment
  16. Patent Grant Update
  17. USPTO Budget Cuts
  18. Facts and Trends of USITC Litigation
  19. Welcome Back Fee Diversion: USPTO Likely to Begin Sending Collected Fees back to Treasury
  20. Survey: Abstract Ideas and Natural Phenomena as Prior Art
  21. Guest Post by Prof. Michael Risch: The Securitization of Patents
  22. AMP v. Myriad Gene Patenting Oral Arguments
  23. Responding to USPTO’s new Maintenance Fee Regime
  24. Recent Patent Assignments
  25. Top Phrases by the Federal Circuit
  26. PatCon 3: Posner/Epstein Debate on the Patent System
  27. PatCon 3: Plenary Session
  28. Liveblogging PatCon 3: A Conversation with Industry
  29. Stent Patent Cannot Heal Divided Claim Construction: Four Judges = Four Different Claim Constructions
  30. Although “without tact”, Micron’s retaliatory decision to stop hiring University of Illinois Graduates is not Illegal
  31. Loyola Law Journal – Panel #2: Shortcomings in the Patent System
  32. Loyola Law Journal – Chief Judge Holderman on innovations in jury trials
  33. Liveblogging from the Loyola Law Journal Conference on Patents, Innovation & Freedom to Use Ideas
  34. Awaiting the Outcome of CLS Bank v. Alice Corp.
  35. Sony v. Red Digital (red.com): Brewing Battle
  36. Do I qualify for Micro-Entity-Status at the Patent Office?
  37. Two-Way Media & the Doctrine of Equivalents
  38. Multiplicity of Design Patent Rights
  39. Volunteer Opportunities for IP Professionals
  40. Double Patenting Problems when Inventors Move to a New Employer
  41. Dawson v. Dawson: Suing Yourself for a Patent
  42. Do the Wright Brothers Deserve a Patent for their Flying Machine?: Why Eliminating Software Inventions from the Patent System Makes No Sense.
  43. Guest Post: New USPTO Professional Conduct Rules Will Take Effect on May 3
  44. Timing of First Actions on the Merits
  45. Predicting Patent Issuance
  46. Guest Post: The Patent Failure of Novartis with Gleevec
  47. Excluding Others in the Market for Ranking Lawyers
  48. Joint Inventorship
  49. The Federal Circuit Table of Authorities
  50. Inventorship: Limits of Collaboration
  51. India: Drug Patents for True and Genuine Inventions, but not for Gleevec

March 2013

  1. En Banc Review in Checkpoint v. All-Tag?
  2. In re Owens (Guest Post by Prof. Sarah Burstein)
  3. Pre-AIA Filing Numbers
  4. USPTO Takes Action to Reduce RCE Backlog
  5. Checkpoint Systems v. All-Tag Security: Failing the Objectively Baseless Standard
  6. Design Patent Backlog – Growing and Growing
  7. Guest Post by Prof. Sean Tu: Uneven Distribution in the RCE Backlog
  8. PTAB Backlog – Downward Trend…
  9. USPTO Allowances and Abandonments
  10. USPTO Allowances and Abandonments
  11. USPTO Allowances and Abandonments
  12. Reverse Payments at the Supreme Court
  13. International Patent Exhaustion
  14. Claiming Intellectual Property
  15. Patent Conferences in Chicago
  16. Torrent decisions
  17. Patent Grant Estimate for 2013: 267k Utility Patents
  18. Discovery Process in Post-Grant Proceedings
  19. Intellectual Ventures v. Symantec
  20. Are Patent Attorneys Overpaid?
  21. Guest Post: Is there a justification for greater transparency in patent transactions?
  22. Filing Lead-Up to Full Implementation of the First-To-File AIA Regime
  23. Professor epstein i am not perfect as generations can testify but at least i dont use power point
  24. The Sedona Conference’s new regional patent litigation programs
  25. Average Pendency of US Patent Applications
  26. Challenging the PTO for Issuing Patents
  27. First-Sale Doctrine: Authorized Foreign Sales Exhaust US Copyrights [and US Patents]
  28. Patent Trolls in Public
  29. PCT Applications as Prior Art
  30. USPTO Fee Change on March 19
  31. Frolow v. Wilson: Marking Estoppel and Arising Under Jurisdiction
  32. More on the SHIELD Act
  33. The New Law Effective Today: 35 U.S.C. 102
  34. Federal Circuit to Reconsider De Novo Review of Claim Construction
  35. Welcome Judge Taranto
  36. Aristocrat Technologies v. Int’l Game Technology
  37. Seven Bridges Winery
  38. Patent Damages Question
  39. Patent Trolls by the Numbers
  40. 13mar2013 public and private pair will be unavailable beginning at 12 midnight and ending at 6 am on saturday march 16
  41. Design Patents in the Modern World Conference
  42. Revisiting Inequitable Conduct at the Supreme Court
  43. Doctrinal Precedence Among the Hatch-Waxman Act, the Patent Act, and the Sherman Act
  44. Almost There: Senate Confirms Nomination of Richard Taranto
  45. Does the Shift in IP Ownership Predict a Political Shift in the IP Debate
  46. Professor risch discusses the shield act here httpmadisoniannet20130310scratching my head
  47. H.R.845 — Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 (Introduced in House – IH)
  48. March 16 is this week
  49. Guest Editorial: Throwing Trolls Off The Bridge
  50. Gunn v. Minton: Moving Forward with Patent Attorney Malpractice Litigation
  51. Design Patents on Images Shown on a Computer
  52. Limited Equitable Estoppel for 4 ½ Year Delay in License Pursuits
  53. Limited Equitable Estoppel for 4 ½ Year Delay in License Pursuits
  54. Limited Equitable Estoppel for 4 ½ Year Delay in License Pursuits
  55. Guest Post: What is Next in Design Patents for On-Screen Icons?
  56. 2013 Sequester at the USPTO
  57. Debate on Joint/Divided Infringement Doctrine Continues
  58. Design Patent Infringement: Kimber Cakeware v. Bradshaw
  59. Guest Post by Dr. Jeffrey Lefstin on What’s Really at Stake in Myriad
  60. Guest Post on Patent Pools and Competition

February 2013

  1. Stacking Royalties: One Royalty for Three Patents
  2. COURT: Twelve Year Old USPTO Rules Cannot be Challenged Even if They Are Only Now Hurting You
  3. SMU 10th Annual Symposium on Emerging Intellectual Property Issues
  4. The Use of Legal Scholarship in Intellectual Property Decisions
  5. Waiting for Federal Circuit Decisions
  6. 10 Secrets to Locating Non-Patent Prior Art
  7. Guest Post by Dr. Jeffrey Lefstin on Myriad’s Pre-History
  8. Patent Law Jobs
  9. Words in patent claims.
  10. Claims in Issued Patents
  11. I am teaching civil procedure this semester here at the university of missouri school of law here is what we learned this we
  12. What Job do you Want?
  13. Doctrine of Equivalents: On the Rise Again?
  14. Gunn v. Minton: Supreme Court Narrows Arising Under Jurisdiction for Patent Cases
  15. Gunn v. Minton: issue of patent law does not deprive state court of jurisdiction over malpractice claim
  16. Oral Arguments in Bowman v. Monsanto
  17. Figures in Design Patents
  18. When a Functional Claim Limitation is the “Essence of the Invention”
  19. IP Hall of Fame Call for Nominees
  20. Folks are Hiring
  21. President Obama on Patent Reform and the Problem of Patent Trolls
  22. Constitutionality Question Looms as USPTO Implements Regime that favors a “Filers” over “Inventors”
  23. FM v. Google: Means-plus-Function Indefiniteness and O2 Micro Challenges
  24. Final Rules on First-to-File Regime
  25. Valentines Wishes
  26. Of Smart Phone Wars and Software Patents
  27. Selling Patents
  28. Small Entity Status
  29. Does the Presumption of Validity Apply to Section 101 Subject-Matter-Eligibility Questions?
  30. Upcoming Oral Arguments in Myriad
  31. No Federal Cause of Action against Inventor’s Attempt to Derrogate Patent in Violation of Assignor Estoppel Doctrine
  32. Patent Marketplace
  33. CLS Bank v. Alice Corp: Oral Arguments Lead to More Questions
  34. President Obama Nominates Two to Serve on the US Court of Appeals for the Federal Circuit
  35. Federal Circuit Judicial Watch
  36. Next Step for Director Kappos:
  37. Arkema v. Honeywell: Declaratory Judgment Jurisdiction in the Indirect Infringement Context
  38. En Banc Arguments This Week
  39. Presume that Claims Cover the Preferred Embodiment
  40. Big Firms and Contingency Fee Struggles: Parallel Networks v. Jenner & Block
  41. USPTO: Kappos -> Rea
  42. Challenging Cybor: Lighting Ballast Control v. Philips Electronics

January 2013

  1. The Federal Circuit’s New Obviousness Jurisprudence: An Empirical Study
  2. Best Super Bowl Commercial So Far
  3. Patent Term Calculations: District Courts Split on PTA Calculations; Revive Focus on Deference to PTO Determinations
  4. Smartphone Wars: Micron’s Slide-to-Unlock Patent
  5. NO DISCLAIMERS OR DISAVOWALS
  6. Who reads Patently-O: Top Corporate and Governmental Subscribers
  7. Piercing the Corporate Veil: Corporate Officers Are Liable for Their Own Torts
  8. Student Writing Competition
  9. Rexnord v. Kappos
  10. Antigua to Reject Intellectual Property Rights of US Companies as WTO Authorized Trade Sanction for Killing Offshore Online Gambling
  11. The Decline in Law School Applications
  12. Get a New Patent Law Job: Recent Patent Law Job Postings
  13. Design Patent Litigation: Notice Pleading Requirements Remain Low
  14. Chisum Patent Academy
  15. Obvious as a Matter of Law
  16. Patently-O Bits & Bytes by Lawrence Higgins
  17. Patently-O Bits & Bytes by Lawrence Higgins
  18. Patently-O Bits & Bytes by Lawrence Higgins
  19. Patent versus Copyright
  20. US Government Brief: Farmer who Purchases Commodity Soybeans Cannot Replant Those Beans Without Committing Patent Infringement
  21. Moving from a Patent Agent to a Patent Attorney
  22. Arbitrary $50,000 contingency payment does not prevent mootness
  23. Third Party Submissions
  24. And the Internet Won: Parallel Networks Versus Website Operators
  25. Design Patents are Still Relatively Quick
  26. USPTO New Fee Schedule
  27. 3rd Circuit: Covenant not to Sue is a License and therefore Not Dischargeable in Bankruptcy
  28. Deleting Cybor: En Banc Opportunity
  29. Inventor Count
  30. Gunn v. Minton: Oral Arguments
  31. Reviving an Invalid Patent through Attorney Malpractice?
  32. When does the Written Description Requirement Limit Amendments to Design Patent Drawings
  33. What can Patent Applicants do to Improve Patent Quality?
  34. AIA Technical Amendment Becomes Law
  35. Means Plus Function Claiming
  36. Naples Midwinter: Patent Law Experts Conference
  37. 2013 student writing competition the virginia state bar intellectual property section is seeking papers written by law stud
  38. Some of you may have heard that there is a serious security problem with java 7 the default version luckily most patent at
  39. Fewer Patent Claims Per Application
  40. Patent Law: Preparing for March 16, 2013
  41. The Timing of Patent Grants
  42. NPEs Solidify Enforcement Jurisdiction at USITC
  43. New on AskPatents Awaiting Your Answer
  44. Citing Patent References
  45. Inter Partes Review: Winning by Losing
  46. Fewer Jumbo Patents
  47. Already v nike supreme court 2013 held this case is moot
  48. USPTO Grant Rate: 2013 Forecast
  49. How [Not] to Fight PTAB Obviousness Decisions
  50. Zumbiel v. Kappos
  51. Does License of Future Inventions Invoke Patent Law Based Court Jurisdiction?
  52. Judge Bryson Assumes Senior Status
  53. Carani on Design Patent Infringement
  54. Federal Circuit Refuses to Hear Contract Dispute over Patent Assignment and Royalty Contract
  55. Bits & Bytes
  56. Bits & Bytes
  57. Bits & Bytes
  58. Federal Circuit Judicial Nomination Watch
  59. Patents per year
  60. Federal Circuit Statistics – FY 2012
  61. 2012 Trends: New Life in the Doctrine of Equivalents
  62. Hr 6621 as amended passed in the house late last night it is expected that president obama will sign the bill today mo
  63. Abandoning Provisional Applications

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