Patent Law
Patently Obvious 
Tracks the daily changes in US patent law by covering precedential court opinions, legislative amendments, and patent office practices. Sophisticated coverage of the legal and practical issues involved in patent reform. A highly popular resource.
Post Frequency: 2.5/day Last Entry: November 21, 2009 at 10:52:40 Recent Entries: 858
By Dennis Crouch, Esq.
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Federal Circuit Chief Judge Paul Michel Announces that he is Leaving the Bench
Posted on November 21, 2009Federal Circuit Affirms EDTex Ruling that Iovate's Muscle Building Patents are Invalid
Posted on November 20, 2009Nil: The Value of Patents in a Major Crisis Such as an Influenza Pandemic
Posted on November 19, 2009Vacatur: Judge Posner Agrees to Vacate Inequitable Conduct Holding Based on Settlement Agreement
Posted on November 18, 2009Precedential BPAI Opinion Rejects Functional Claim Elements as Indefinite and Not Enabled
Posted on November 11, 2009Trademark Cancellation: Presumption of Validity includes Presumption of Acquired Distinctiveness for Marks Registered under Section 2(f)
Posted on November 05, 2009Challenging the Constitutionality of Gene Patents: Ass'n for Medical Pathology v. USPTO
Posted on November 02, 2009Mayo v. Prometheus: Medical Methods and Patentable Subject Matter at the Supreme Court
Posted on October 28, 2009Does a Reference's Priority Claim to a Provisional Application Alter its 102(e) Prior Art Date?
Posted on October 27, 2009Misuse of a Patent Pool: En Banc Federal Circuit To Decide Whether CD-R/RW Patentees Improperly Sequestered Alternative Technologies
Posted on October 19, 2009Microsoft Questions Strong Presumption of Patent Validity over Newly Found Prior Art
Posted on October 13, 2009Tafas v. Dudas Concludes: CAFC Must Choose Whether to Vacate District Court's Precedent
Posted on October 08, 2009Another University Patent Ownership Dispute: Stanford Loses Rights Based on Researcher's Side Agreement
Posted on October 01, 2009Bilski Briefing: Government Argues that Section 101 "Processes" are limited to "technological and industrial processes."
Posted on September 28, 2009Public Accessibility of Prior Art: PTO Must Provide Evidence of Indexing Date
Posted on September 22, 2009An Appeal to the New Patent Office Director: Repeal the Single Sentence Rule
Posted on September 18, 2009Kappos: Earn Accelerated Examination Rights by Abandoning Worthless Applications
Posted on September 17, 2009Patentable Subject Matter: Federal Circuit Upholds Patentability of Drug Dosage Method Claim
Posted on September 16, 2009Federal Circuit Debates Stays Pending Reexamination; Injunctions when Claims are of ?Suspect Validity?
Posted on September 10, 2009Federal Circuit: Is a Human An Animal? Written Description; Enablement; and Inventorship
Posted on September 04, 2009Fraud in Trademark Prosecution: Should Have Known Standard is Insufficient
Posted on August 31, 2009Director Kappos: "Patent quality equals granting those claims the applicant is entitled to under our laws."
Posted on August 25, 2009Ariad v. Lilly: Federal Circuit Grant's En Banc Request to Challenge Written Description Requirement
Posted on August 21, 2009Federal Circuit Rejects Challenge to Patent Rights Obtained Through Foreclosure
Posted on August 20, 2009En Banc: Methods do not have Exportable Components and Therefore Method Claims Cannot Infringe Section 271(f)
Posted on August 19, 2009Fraud on the Patent Office: Federal Circuit Emphasizes Rule 9(b) Heightened Pleading Requirement for Defense of Inequitable Conduct
Posted on August 18, 2009Guest Post: The Applied/Abstract Distinction is the Key to §101 Patentability
Posted on August 16, 2009Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285
Posted on August 14, 2009Challenging PTO Decisions in District Court: Federal Circuit Affirms Exclusion of Enablement Evidence that "Should Have" Been Raised During Prosecution
Posted on August 12, 2009Article: Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009
Posted on August 10, 2009Statement of David J. Kappos, Nominee for Under Secretary of Commerce for Intellectual Property
Posted on July 30, 2009Blackboard: Federal Circuit Again Find Software-Related Means-Plus-Function Claims Invalid for Failing to Disclose Sufficient Structure
Posted on July 27, 2009Inventorship: Conception does not Require Scientific Certainty; Rather, "Proof that the Invention Works to a Scientific Certainty is Reduction to Practice"
Posted on July 23, 2009The Unreasonableness of the Patent Office's 'Broadest Reasonable Interpretation' Standard
Posted on July 21, 2009Understanding the Role of the Board of Patent Appeals: Ex Parte Rejection Rates on Appeal
Posted on June 22, 2009Understanding the Role of the Board of Patent Appeals: Ex Parte Rejection Rates on Appeal
Posted on June 19, 2009Injunctive Relief: District Court Abused Discretion by Failing to Consider eBay Factors
Posted on June 09, 2009Written Description: Araid Petitions en banc Federal Circuit to Eliminate Separate Written Description Requirement
Posted on June 07, 2009En Banc Federal Circuit: Infringement of Product-by-Process Claim Requires Practicing the Process
Posted on May 19, 2009Irreparable Harm of Generic Competition: Federal Circuit Affirms Finding that Generic Entry Does not Cause Irreparable Harm
Posted on May 14, 2009Obviousness-Type Double Patenting and Splitting Ownership (CAFC Says Don't Do It)
Posted on May 08, 2009Holman: A Contrarian Law Professor?s Two Cents on the Arkansas Carpenter's (Ciprofloxacin) Petition for Certiorari
Posted on May 07, 2009Supreme Court Reverses: Finding that the Federal Circuit has Appellate Jurisdiction to Review Remand to State Court
Posted on May 06, 2009Trademark: Mark is Geographically Deceptively Misdescriptive Only if Deception is Material to a Substantial Portion of the Intended Audience
Posted on April 29, 2009Federal Circuit Remands Patent Pool Misuse Case: Issue of Improperly Sequestering Alternative Technology
Posted on April 21, 2009Double Patenting: Proving Distinctiveness Based on Later Developed Evidence
Posted on April 16, 2009Written Description: Pioneering Claims Require More Expansive Written Description
Posted on April 08, 2009Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law
Posted on March 30, 2009No Stay of District Court Proceedings Pending Appeal of Preliminary Injunction
Posted on March 29, 2009Independent Inventors: Five Ways to Reduce the Cost of Patenting and Get a Better Patent Application
Posted on March 26, 2009Inequitable Conduct Based on Failure to Submit Rejection in Co-Pending Case
Posted on March 23, 2009Tafas v. Doll: Continuation Limits Invalid; Limits on Claims and RCEs are OK
Posted on March 20, 2009Improper Summary Judgment on Doctrine of Equivalents; Marking Products that Perform Method Claims
Posted on March 18, 2009In re Nature's Remedies: Foreign Regulatory Submission Invalidates Patent Under 102(b)
Posted on March 13, 2009Cardiac Pacemaker v. Jude: En Banc Challenge to 271(f) Liability for Components of a Method
Posted on March 07, 2009Federal Circuit Finds DJ Jurisdiction Even After Time-Limited Covenant Not To Sue
Posted on February 16, 2009Federal Split Decision Highlights Unpredictability of Claim Construction (Once Again)
Posted on February 02, 2009Sarnoff: The Patent Act's Mention of Business Method Patents Does Not Mean that Section 101 Should Extend to Cover Business Methods
Posted on January 29, 2009Aventis Files for Certiorari: Challenging Federal Circuit's Low Standard for Intent to Deceive in Inequitable Conduct Proceedings
Posted on January 29, 2009Federal Circuit Finds Stent Patent Obvious by Combining Embodiments in a Single Prior Art Reference
Posted on January 16, 2009The Rambus Certiorari Petition: Causation, Competition, and Standard-Setting Organizations
Posted on January 15, 2009Federal Circuit Denies Declaratory Jurisdiction When Patentee had not ?Seen or Evaluated? Product
Posted on January 07, 2009Federal Circuit affirms permanent injunction in face of prior license agreements
Posted on January 05, 2009Federal Circuit Rejects Patent Attorney Expert Testimony; Finds Patent Obvious
Posted on January 04, 2009CAFC Affirms PTO?s right to fire quality assurance specialist for 35%+ error rate.
Posted on December 16, 2008Federal Circuit Affirms Narrow Construction of ?Internet Billing Method?
Posted on December 10, 2008During prosecution, claims are indefinite when amenable to multiple plausible constructions
Posted on December 08, 2008Graham Analysis Not Necessary for Obviousness-Type Double Patenting Rejection
Posted on November 17, 2008Survey results: Would Metabolite's claim 13 be found patentable under the reasoning of Bilski?
Posted on November 14, 2008Firm Disqualified from Representing Patentee in Malpractice Suit After Defending Deposition of Prosecuting Attorney
Posted on November 12, 2008Canadian Supreme Court Confirms Plavix Patent Despite Evergreening Charges
Posted on November 06, 2008Obligation to point out the inventor and invention dates of each claim not commonly owned
Posted on November 06, 2008Federal Government?s Contracting Quota for Small (Racially) Disadvantaged Businesses Found Unconstitutional
Posted on November 05, 2008Gardner: Patent Bar Should Use Its High Priced Skills to Overcome Bilski et al.
Posted on November 04, 2008In re Bilski: Patentable Process Must Either (1) be Tied to a particular machine or (2) Transform a Particular Article
Posted on October 30, 2008Co-Inventors Contribution Must Be ?More Than The Exercise of Ordinary Skill?
Posted on October 27, 2008Judge Improperly Cut Patentee?s Million Dollar Jury Verdict Without Offering a New Trial
Posted on October 17, 2008Federal Circuit Finds No Antitrust Liability for Hatch-Waxman Reverse Payment Settlements
Posted on October 15, 2008IGT Petitions for En Banc Rehearing: Asking Court to Allow Invalidity Defense for ?Improper Revival?
Posted on October 07, 2008Prior Art Must Enable a Skilled Artisan to Make the Invention without Undue Experimentation
Posted on October 06, 2008Federal Circuit: Failure to Obtain Non-Infringement Opinion May Serve As Evidence of Intent to Induce Infringement
Posted on September 24, 2008Federal Circuit Finds Personal Jurisdiction Over Declaratory Judgment Defendant
Posted on September 22, 2008Erroneous Revival by PTO is not a Cognizable Defense in an Infringement Action
Posted on September 22, 2008In re Swanson: CAFC Allows Reexamination Based on Reference Previously Considered by PTO and Courts
Posted on September 15, 2008Evidence Based Prosecution: More Claims Filed Equates with Longer Time in Prosecution
Posted on September 14, 2008Potential of Extending Exclusive Generic Period by Delaying Generic Launch Does Not Create Actionable Harm
Posted on September 10, 2008Claim Construction: ?The? condyler element does not mean ?each and every? condyler element
Posted on September 03, 2008Public & Experimental Use: Reduction to Practice Requires Knowledge that Invention Works for Intended Purpose
Posted on August 22, 2008Cooper Techs: PTO?s Interpretation of ?Original Application? Given Chevron Deference
Posted on August 21, 2008No Inequitable Conduct if Examiner Finds Withheld Reference while Searching
Posted on August 11, 2008Inventorship Disputes: Six-Year Laches Presumption Applies Despite Intermediate Reexamination
Posted on August 08, 2008PTO: Some Claim & Continuation Rules will Not be Effective Until After Injunction is Lifted
Posted on August 07, 2008Guest Editorial: Obama Put Forward Sound Priorities on Patents Last Year. McCain May (Finally) Get To It Soon.
Posted on August 03, 2008Secondary Considerations of Obviousness in a Patent Case: The Seldom-Used "Simultaneous Invention" Factor
Posted on July 29, 2008TAFAS v. DUDAS: PTO Asks CAFC To Allow Office to Implement Limits on Continuations and Claims
Posted on July 21, 2008Will Sprint Communications lead to a rethink of patent law?s standing doctrine?
Posted on July 01, 2008Ron Slusky: Five Prescriptions for Effective Analyzing an Invention and then Claiming It
Posted on June 26, 2008Federal Circuit Announces Proposed Amendments to Its Internal Operating Procedures
Posted on June 24, 2008Ninth Circuit Applies Federal Circuit Law in Interpreting Contract to Assign Patent Rights
Posted on June 23, 2008Tax Patent Legislation: Excusing Infringement of Patented Tax Planning Methods
Posted on June 20, 2008CAFC Vacates Validity Holding Based on Agreement by the Parties [UPDATED 2:00pm]
Posted on June 19, 2008CAFC Reverses After Lower Court Denies Patentee the Opportunity to Present a New Infringement Argument on Remand
Posted on June 17, 2008CAFC Affirms Exceptional Case Attorney Fees Based on Multiplicity of Minor Acts of Misconduct
Posted on June 17, 2008District Court Must Provide Underlying Reasoning For "Exceptional Case" Determination
Posted on June 16, 2008Existence of Non-Asserted Claims Allows Court to Disregard Construction Canon Encouraging Coverage of Preferred Embodiment
Posted on June 06, 2008Federal Circuit Jurisdiction Extends to Non-Patent Portion of Consolidated Case
Posted on May 21, 2008Patent Infringement Claim Preclusion: Only When Accused Device is "Essentially the Same" as Prior Adjudicated Device
Posted on May 13, 2008CAFC Rejects Patent on Invention to Overcome the Second Law of Thermodynamics
Posted on May 01, 2008CAFC Judge Linn Expresses Disappointment over Failures by the BPAI and Patent Bar
Posted on April 27, 2008Finisar v. DirecTV: Parallel Claim Construction and Construing the Prior Art
Posted on April 22, 2008Implied License: Purchases from Licensed Manufacturer Come with Implied License to Practice the Invention (Regardless of Non-Infringing Uses)
Posted on April 20, 2008That which infringes if later, anticipates if earlier - But Elements of Anticipation Must Still be Proven
Posted on April 17, 2008Post Judgment Collateral Attack on IP through PTO Action Barred by "Defendant Preclusion"
Posted on April 15, 2008Patentee has no "Presumption of Priority" Unless Specifically Adjudged by the PTO During Prosection
Posted on April 14, 2008Patent Asignment Must be in Writing; But Some Transfers are not Assignments
Posted on April 07, 2008Challenging Patent Validity: Microsoft Asks Supreme Court to Reduce "Clear and Convincing" Standard
Posted on April 03, 2008Tafas v. Dudas: PTO's Proposed Limitations on Continuations and Claims are Invalid
Posted on April 01, 2008Computer Implemented Means-Plus-Function Element Must be Supported by Specific Algorithm in Specification
Posted on March 31, 2008CAFC Overturns Jury Verdict of Non-Obviousness Because Combination Yields Predictable Results
Posted on March 31, 2008Ex Parte Bilski: Once Again Rethinking the Scope of Patentable Subject Matter
Posted on March 28, 2008In Defiance of Kinik: 271(e)(1) Safeharbor Applies to ITC Action Against Importation of Product Made by Patented Process
Posted on March 19, 2008Declaratory Judgment Jurisdiction: Later Filed Lawsuit by Patentee Serves as Admission that an Actual Controversy Exists
Posted on March 03, 2008Claim Construction Reversal Rates III ? Additional Measures of Experience and Some Possible Explanations
Posted on March 02, 2008Claim Construction Reversal Rates III ??? Additional Measures of Experience and Some Possible Explanations
Posted on March 02, 2008Claim Construction Reversal Rates II ??? District Court Judge Experience
Posted on February 28, 2008De-Stabalizing Preliminary Injunctions through De Novo Review of Claim Construction
Posted on February 25, 2008De-Stabilizing Preliminary Injunctions through De Novo Review of Claim Construction
Posted on February 25, 2008CAFC: As a Matter of Law, Preliminary Injunction Defeated by "Casting Doubt" on Patent's Validity
Posted on February 20, 2008Bilski: Full CAFC to Reexamine the Scope of Subject Matter Patentability
Posted on February 15, 2008Court Refuses to Pierce Plutus/Orion/Taurus/Spangenberg Corporate Veil Without Better Evidence
Posted on February 12, 2008Corporate Director Liability for Inducement: Must have Specific Intent to Aid and Abet the Infringement
Posted on February 12, 2008PharmaStem Appeals Stem Cell Patent: Asks for Greater Deference to Patent Examiners
Posted on February 11, 2008Monsanto's Roundup Ready GMO Patents Convincingly Upheld on Appeal (Again)
Posted on February 05, 2008TiVo Wins on Appeal: Permanent Injunction against EchoStar to be Reinstated
Posted on January 31, 2008CAFC Allows Lost Profit Damages Based on Defendant's "Offer to Sell" Infringing Product
Posted on January 31, 2008Bt-Corn Patent Unenforceable Due to Failure to Submit Internal Employee Notes
Posted on January 25, 2008IEEE Standards: FTC Finds Patent Enforcement "Unfair Competition" Based on Patentee's Prior Offers to License
Posted on January 24, 2008Design Patents: Claim Construction Rules Lead to Summary Judgment of Non-Infringement
Posted on January 21, 2008Claim Construction: CAFC Cautions Co-Interpretation of System and Method Elements.
Posted on January 15, 2008When is an Electronic Document a Printed Publication for Prior Art Purposes?
Posted on December 20, 2007
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