RSS Parrot

Federal Circuit’s Rule 36 Affirmances: A Concerning Trend in Light of Loper Bright

https://patentlyo.com/patent/2024/10/circuits-affirmances-concerning.html

Published: October 17, 2024 19:30

by Dennis Crouch Starting with my 2017 article chastising the Federal Circuit for its R.36 practice, dozens of parties have challenged the Federal Circuit's ongoing habit of regularly issuing a large number of no-opinion judgments.  So far, the Federal…

Recent Patent Law Scholarship

https://patentlyo.com/patent/2024/10/recent-patent-scholarship.html

Published: October 17, 2024 01:10

by Dennis Crouch This post offers some insight into four patent-focused academic articles that I've been reading lately. 1. A textualist approach to patent eligibility under 35 U.S.C. § 101 2. Reflections on the Myriad gene patenting decision, ten years…

Allergan: En Banc Support for Stronger ODP Rules

https://patentlyo.com/patent/2024/10/allergan-support-stronger.html

Published: October 15, 2024 12:53

We continue to see lots of action focusing on obviousness-type double patenting (ODP) in the U.S. patent law context.  In Allergan v. MSN, the Federal Circuit created a major loophole for patentees and undermined the 2023 Cellect decision by holding that…

USPTO Tweaks PTAB AIA-Trial Counsel Rules; NO Major Overhaul

https://patentlyo.com/patent/2024/10/tweaks-counsel-overhaul.html

Published: October 14, 2024 15:52

by Dennis Crouch The USPTO has issued final rules aimed at expanding opportunities for practitioners to appear before the Patent Trial and Appeal Board (PTAB). The rules, which go into effect on November 12, 2024, make several changes to the requirements…

The Substance of OpenAI’s Patent Pledge?

https://patentlyo.com/patent/2024/10/substance-openais-patent.html

Published: October 14, 2024 14:50

by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that…

Federal Circuit Revives Patent Suit Against Aetna Over Health Savings Cards

https://patentlyo.com/patent/2024/10/federal-circuit-revives.html

Published: October 14, 2024 01:17

by Dennis Crouch In AlexSam v. Aetna, the Federal Circuit recently revived the patentee's infringement lawsuit against health insurance giant Aetna over its Visa and Mastercard-branded health savings account (HSA) debit cards. AlexSam, Inc. v. Aetna, Inc.,…

Third-Party Litigation Funding in Patent Cases: Transparency, Ethics, and Policy Concerns

https://patentlyo.com/patent/2024/10/litigation-transparency-concerns.html

Published: October 11, 2024 16:11

by Dennis Crouch The landscape of patent litigation has been dramatically reshaped by the rise of third-party litigation funding (TPLF) over the past decade. As someone who has been involved in patent law issues for 20+ years, I can confidently say that if…

Pink Ceramic Hip Implants: When Functionality Trumps Trade Dress

https://patentlyo.com/patent/2024/10/ceramic-implants-functionality.html

Published: October 10, 2024 21:29

by Dennis Crouch The pending appeal in CeramTec v. CoorsTek Bioceramics again highlights the interplay between utility patents and trade dress protection -- this one focusing on the color pink.  The case centers on CeramTec's attempt to maintain trademark…

USPTO Terminates Thousands of Chinese Patent Applications Due to Forged Attorney/Agent Signatures

https://patentlyo.com/patent/2024/10/terminates-applications-signatures.html

Published: October 9, 2024 19:19

by Dennis Crouch In a stunning development, the USPTO recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a practitioner's signature. This mass termination, announced on October 2, 2024, stems from an…

En Banc Review in Allergan: Rehearing Petition Tackles ODP Safe Harbor and WD Essential Elements

https://patentlyo.com/patent/2024/10/allergan-questioning-circuits.html

Published: October 7, 2024 23:15

by Dennis Crouch This post focuses on the issues raised in the patent challenger Sun Pharma’s recent en banc petition in Allergan USA, Inc. v. MSN Laboratories Private Ltd and Sun Pharmaceutical Indus. Ltd., No. 2024-1061 (Fed. Cir. 2024).  The original…

Supreme Court denies Cert

https://patentlyo.com/patent/2024/10/supreme-court-denies.html

Published: October 7, 2024 15:33

by Dennis Crouch The Supreme Court has denied certiorari in all of the patent cases it considered in its  first conference of the October 2024 term: Denied: 23-1349 Provisur Technologies, Inc. v. Weber, Inc..  Does an on sale product constitute a printed…