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Anticipated yet Nonobvious

October 12, 2008Anticipation, Obviousness, Patent, Patent Cases 2008anticipation, First to Invent, obviousness, paidDennis Crouch

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Patently-O Authors

Dennis Crouch
Associate Professor, University of Missouri School of Law
SSRN Articles
Jason Rantanen
Professor, University of Iowa College of Law
SSRN Articles
Occasional guest posts by IP practitioners and academics

Federal Circuit Affirms $46m Default Judgment Against Bodog

October 8, 2008Patent, Patent Cases 2008Affirmed Without Opinion, paid, Personal JurisdictionDennis Crouch

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Prior Art Must Enable a Skilled Artisan to Make the Invention without Undue Experimentation

October 6, 2008Enablement, Patent, Patent Cases 2008, PharmaAffirmed Without Opinion, anticipation, Enablement, paidDennis Crouch

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No Personal Jurisdiction for Patent Case Against Sprint Nextel

October 2, 2008Jurisdiction, Patent, Patent Cases 2008paid, Personal JurisdictionDennis Crouch

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Shaping Nuanced Patent Injunctions: Broadcom v. Qualcomm

October 1, 2008Injunctions, Patent, Patent Cases 2008Affirmed Without Opinion, Licenses, paidDennis Crouch

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“Indefiniteness is a Matter of Claim Construction”

September 29, 2008Indefinite, Patent, Patent Cases 2008Claim Construction, Inequitable Conduct, paidDennis Crouch

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Combining References in Novelty; Slack in New Matter; No Decision on Injunction for NPE

September 26, 2008Anticipation, Injunctions, Patent, Patent Cases 2008anticipation, motivation to combine, obviousness, paid, Written DescriptionDennis Crouch

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Federal Circuit Affirms that Lucent’s $1.5B Patent Victory is Gone

September 25, 2008Infringement, Inventors, Patent, Patent Cases 2008paidDennis Crouch

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Federal Circuit: Failure to Obtain Non-Infringement Opinion May Serve As Evidence of Intent to Induce Infringement

September 24, 2008Inducement, Patent, Patent Cases 2008anticipation, Claim Construction, Licenses, paidDennis Crouch

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En Banc Federal Circuit Revives Design Patent Law

September 22, 2008Design Patent, En Banc, Patent, Patent Cases 2008Claim Construction, Federal Circuit En Banc, paidDennis Crouch

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Erroneous Revival by PTO is not a Cognizable Defense in an Infringement Action

September 22, 2008Invalidity, Patent, Patent Cases 2008Inequitable Conduct, obviousness, paidDennis Crouch

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Federal Circuit Finds Personal Jurisdiction Over Declaratory Judgment Defendant

September 21, 2008Declaratory Judgment, Jurisdiction, Patent, Patent Cases 2008paid, Personal Jurisdiction, USPTO DirectorDennis Crouch

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In re Swanson: CAFC Allows Reexamination Based on Reference Previously Considered by PTO and Courts

September 15, 2008Patent, Patent Cases 2008, Reexaminationanticipation, Licenses, obviousness, paid, Printed PublicationDennis Crouch

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Potential of Extending Exclusive Generic Period by Delaying Generic Launch Does Not Create Actionable Harm

September 10, 2008Declaratory Judgment, Patent, Patent Cases 2008paidDennis Crouch

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CAFC: Deadlines Stick

September 9, 2008Patent, Patent Cases 2008paidDennis Crouch

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Venue: East Coast Wins

September 9, 2008Patent, Patent Cases 2008paid, VenueDennis Crouch

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CAFC Applies Lilly to Invalidate Carnegie Mellon’s Plasmid Claims

September 8, 2008Enablement, Patent, Patent Cases 2008Enablement, paid, Written DescriptionDennis Crouch

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The Clarified Law of Inequitable Conduct

August 26, 2008Inequitable Conduct, Patent, Patent Cases 2008Inequitable Conduct, paidDennis Crouch

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Important Inequitable Conduct Decision: Defendant Must Prove its Case

August 26, 2008Inequitable Conduct, Patent, Patent Cases 2008Inequitable Conduct, paidDennis Crouch

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CAFC Finally Affirms a Finding of Infringement by Equivalents

August 18, 2008Claim Construction, Doctrine of Equivalents, Injunctions, Medical Device, Patent, Patent Cases 2008Claim Construction, Licenses, paidDennis Crouch

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Dennis Crouch
Professor, University of Missouri School of Law
SSRN Articles
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Jason Rantanen
Professor, University of Iowa College of Law
SSRN Articles
Occasional guest posts by IP practitioners and academics

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