Discussing Stern’s “Myth of Nonrivalry” for Patent Law

May 19, 2024PatentDamages, double patenting, information goods, injunctions, intellectual property, nonrivalry, Oil States, paid, patent law, property rightsDennis Crouch

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USPTO ARP Panel Restores MPF Sanity, but Still Rejects Xencor’s Claims

May 17, 2024Patentantibody patents, Jepson claims, means-plus-function, paid, patent law, Written DescriptionDennis Crouch

by Dennis Crouch

In a new Appeals Review Panel (ARP), the USPTO has clarified the Office's position on means plus function claims -- explaining that the specification need not describe statutory equivalents to satisfy the written description requirement. The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable.

Still the court maintained the written description rejection on other grounds -- finding that the broad preamble "method of treating a patient" to be limiting and not adequately supported by the specification. Perhaps on remand the patentee will amend the preamble to instead claim a "means of treating a patient."

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Navigating the USPTO’s Regulatory Wave: Key Comment Deadlines for Summer 2024

May 15, 2024Patentai, artificial intelligence, double patenting, obviousness, paid, patent fees, patent law, patentability, prior art, regulatory changes, terminal disclaimer, USPTODennis Crouch

by Dennis Crouch

Over the past two months, the USPTO has issued an unusually large number of public comment requests related to various proposed rules and procedure changes. This wave of RFCs includes significant proposals aimed at adjusting patent fees for fiscal year 2025, refining terminal disclaimer practices, and addressing the impact of artificial intelligence on prior art and patentability. The agency is also seeking feedback on formalizing the Director Review process following Arthrex and various changes to IPR proceedings, including discretionary review. And there's more...

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The Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Law

May 15, 2024Patentantitrust law, contributory infringement, paid, patent exhaustion, patent law, patent misuseDennis Crouch

by Dennis Crouch

I see the US Supreme Court's 1912 decision in Henry v. A.B. Dick Co. as a major turning point in American patent and antitrust law. 224 U.S. 1 (1912). The Court's 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. But, that decision sparked a major reform effort. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co. v. Universal Film Mfg. Co., 243 U.S. 502 (1917), effectively overruling A.B. Dick and signaling a new largely anti-patent-monopoly era.

In A.B. Dick,

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PREP Act Immunity and its Silent Treatment of Intellectual Property Rights

May 14, 2024Patentcountermeasures, COVID-19, immunity, paid, patent infringement, PREP ActDennis Crouch

by Dennis Crouch

Although the Federal Circuit has dismissed Copan v. Puritan on jurisdictional grounds, I use the case to talk through COVID-19 immunity under the PREP Act, and whether patent infringement is included within its scope.

The 2005 Public Readiness and Emergency Preparedness (PREP) Act provides immunity for

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How Chestek Impacts USPTO’s Rulemaking Authority and the Push to Restore

May 13, 2024Patentadministrative procedure act, Chestek v. Vidal, Federal Circuit, notice-and-comment, paid, patent office rulemaking, trademark registrationDennis Crouch

by Dennis Crouch

The Federal Circuit's recent decision in Chestek v. Vidal opened the door to extensive USPTO rulemaking that entirely avoids the notice and comment process required by the Administrative Procedure Act (APA). In re Chestek PLLC, 92 F.4th 1105 (Fed. Cir. 2024). Chestek has now filed her petition for writ of certiorari to the U.S. Supreme Court asking: Whether the PTO is exempt from notice-and-comment requirements when exercising its rulemaking power under 35 U.S.C. § 2(b)(2).

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Gorsuch’s “Dead Letter” Prophecy: Hearst v. Martinelli may Settle Copyright’s Discovery Rule following the Warner Chappell Avoidance

May 13, 2024PatentCopyright, copyright infringement, discovery rule, Gorsuch, Hearst v. Martinelli, paid, statute of limitations, Supreme Court, Warner ChappellDennis Crouch

by Dennis Crouch

The pending Hearst v. Martinelli case may be the "dead letter" offered by Justice Gorsuch. This time, the Supreme Court might actually decide whether the "discovery rule" applies to the Copyright Act's statute of limitations.

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Connect & Collaborate: Unpacking the NAPP 2023 Annual Meeting & Conference

May 19, 2023PatentpaidDennis Crouch

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Shaping the Future of Patent Law: The Amgen v. Sanofi Decision and Bite-Sized Monopolies

May 18, 2023Patenten banc, Enablement, paid, patent lawDennis Crouch

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Assessing Judicial Fitness: Judge Newman’s Alleged Cognitive Decline

May 18, 2023PatentCognitive Decline, en banc, Federal Circuit, judicial ethics, Judicial Fitness, Newman, paidDennis Crouch

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Streamlining the Qualification Process: Key Changes to the USPTO Patent Practitioner Registration

May 17, 2023Patentpaid, patent law, USPTODennis Crouch

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A New Horizon: Design Patent Practitioner Bar Proposed by USPTO

May 15, 2023Patentdesign patent, intellectual property, notice-and-comment, paid, patent eligibility, patent infringement, patent law, patent litigation, patent prosecution, USPTO, USPTO DirectorDennis Crouch

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Certiorari Denied in Eligibility Cases

May 15, 2023Patentadministrative procedure act, Alice/Mayo, Certiorari Denied, Diagnostic Method, due process, paid, patent eligibility, patent litigation, RFID, Section 101, Supreme CourtDennis Crouch

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Three Topics: Construing AND as OR; Preserving O2Micro demand; Denying interest

May 20, 2022PatentpaidDennis Crouch

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NetChoice v. Paxton: Briefs are in.

May 19, 2022PatentpaidDennis Crouch

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The Inventive Entity and Prior Publication by Another

May 19, 2022Patentobviousness, paid, Printed PublicationDennis Crouch

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Means Plus Function; Nonce Words; and En Banc Petitions

May 18, 2022PatentpaidDennis Crouch

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HB20: Social Media Censorship and the Supreme Court

May 17, 2022PatentpaidDennis Crouch

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Supreme Court on Patent Law May 2022

May 16, 2022PatentpaidDennis Crouch

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Patent PTAB Precedent 1998-2021

May 16, 2022PatentpaidDennis Crouch

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