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Patentees Out of Luck Again: Sides with DraftKings that Remote Gambling Patent Ineligible

https://patentlyo.com/patent/2024/06/draftkings-ineligibility-gambling.html

Published: June 21, 2024 15:34

by Dennis Crouch The Federal Circuit has affirmed a D.N.J. court’s dismissal of patentee Beteiro’s infringement complaints against DraftKings, et al., agreeing that the asserted claims are directed to patent ineligible subject matter under 35 U.S.C. §…

Double Trouble: IPO asks for Supreme Court review of PTA/ODP Cellect dispute

https://patentlyo.com/patent/2024/06/trouble-supreme-cellect.html

Published: June 21, 2024 14:59

by Dennis Crouch A second amicus brief has been filed – this one from the Intellectual Property Owners Association (IPO) – encouraging the Supreme Court to grant certiorari in Cellect, LLC v. Vidal, No. 23-1231. The case concerns the interplay between the…

Trade Secret Misappropriation Preliminary Injunction Reversed

https://patentlyo.com/patent/2024/06/misappropriation-preliminary-injunction.html

Published: June 17, 2024 17:02

By Dennis Crouch The Federal Circuit has reversed a preliminary injunction order in a trade secret misappropriation case, finding that the district court abused its discretion by failing to properly evaluate the likelihood of success on the merits and the…

Democracy on Trial: Chestek and the Future of USPTO Accountability

https://patentlyo.com/patent/2024/06/democracy-chestek-accountability.html

Published: June 17, 2024 15:25

by Dennis Crouch The pending petition for certiorari in Chestek v. Vidal focuses on the extend that the APA requires the USPTO to follow notice-and-comment requirements when promulgating regulations under 35 U.S.C. § 2(b)(2). In its decision below, the…

Federal Circuit Affirms Patent Rejection for Lack of Enablement in In re Pen

https://patentlyo.com/patent/2024/06/federal-rejection-enablement.html

Published: June 14, 2024 18:25

by Dennis Crouch The Federal Circuit (CAFC) recently affirmed a USPTO enablement rejection — holding that the patentee did not enable the “full scope” of the claimed invention.  In re Pen, 23-2282 (Fed. Cir. 2024) (non-precedential).  As an aside, the…

Trump Too Small: Supreme Court Upholds Lanham Act’s Restriction on Registering Marks With Living Individual’s Names Without Consent

https://patentlyo.com/patent/2024/06/restriction-registering-individuals.html

Published: June 13, 2024 16:43

by Dennis Crouch In an important trademark law and free speech decision, the Supreme Court held in Vidal v. Elster, 602 U.S. ___ (2024), that the Lanham Act’s “names clause” barring registration of a mark that “[c]onsists of or comprises a name . . .…

Pending En Banc Petitions at the Federal Circuit

https://patentlyo.com/patent/2024/06/pending-petitions-federal-circuit.html

Published: June 12, 2024 16:40

by Dennis Crouch The Federal Circuit recently decided the en banc design patent case of LKQ v. GM, but the court has not issued an en banc decision in a utility patent case since 2018.  There are currently four interesting petitions pending before the…

Design Patent Examination Updates

https://patentlyo.com/patent/2024/06/design-examination-updates.html

Published: June 11, 2024 23:36

Ten years ago – 2014 – the Supreme Court decided Alice Corp v. CLS Bank, holding that – yes indeed – the expansive language of Mayo v. Prometheus (2012) applies equally to software and technology patents.   A few weeks later, the USPTO began a dramatic…

Veterans’ Benefits at the Supreme Court: The Battle Over Benefit-of-the-Doubt

https://patentlyo.com/patent/2024/06/veterans-benefits-supreme.html

Published: June 10, 2024 22:12

by Dennis Crouch In April 2024, the Supreme Court granted certiorari in the consolidated cases of Bufkin v. McDonough and Thornton v. McDonough, two veterans’ benefits cases on appeal from the Court of Appeals for the Federal Circuit. The cases involve the…

Supreme Court Update: June 2024

https://patentlyo.com/patent/2024/06/supreme-court-update-june.html

Published: June 7, 2024 16:32

The US Supreme Court’s October 2023 term will come to a close later this month.  The patent side has not seen much action in terms of new cases. 27 IP-related petitions for writ of certiorari have been filed during this time. Of those 23 have been denied.…