
Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Miscellaneous
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By Kevin E. Noonan — The U.S. Supreme Court overturned another Federal Circuit decision today (this one having been decided en banc by the appellate court), in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. The outcome was not a surprise, at least because 1) the decision was consistent with the Court's decision…
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The authors and contributors of Patent Docs wish their readers and families a Happy Holidays. Publication of Patent Docs will resume on December 26th.
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By Nicholas Vincent* and Anthony D. Sabatelli** — A contentious patent battle has continued to rage between the Broad Institute at Harvard/MIT and the University of California ("UC"). UC is challenging thirteen patents related to CRISPR gene editing technology that are currently held by the Broad Institute. The basis of the challenge lies in explaining…
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The authors and contributors of Patent Docs wish their readers and families a Happy Thanksgiving. Publication of Patent Docs will resume on November 26th.
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By Kevin E. Noonan — Now that the dramatic change in the political climate that is the election of Donald Trump as President has had time to settle, it may be fruitful to consider whether the election provides opportunities for technology-based industries to convince the President-elect to adopt policies that can work to their advantage.…
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By Donald Zuhn –- Earlier today, in a result that stunned at least 47.7% of the American electorate and many observers abroad, a contentious Presidential election finally came to a conclusion, with Republican candidate Donald J. Trump defeating the Democratic challenger, Hillary Clinton. As of late Wednesday evening, The New York Times reports that Mr. Trump…
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By Kevin E. Noonan — One of the great benefits of scientific inquiry is the capacity for presumptions and prejudices from experience to be challenged and explained in ways that are counter-intuitive. This is true even for disciplines like economics, where the complexity of the variables involved (and the inability for most studies to be…
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By Donald Zuhn — Earlier this month, the Senate passed legislation (S. 764) that would amend the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to establish a national disclosure standard for bioengineered foods. Pursuant to the bill, which was passed by a 63-30 vote, the Secretary would have to establish a…
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Continuation Application Filed on Same Day Parent Issues Satisfies § 120 Requirement That Continuation Be Filed Before the Patenting of Parent By Donald Zuhn — Last week, in Immersion Corp. v. HTC Corp., the Federal Circuit reversed the decision of the District Court for the District of Delaware that U.S. Patent No. 7,148,875 ("the '875…
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Equitable Assignor Estoppel Doctrine Expanded by Federal Circuit By Kevin E. Noonan — Arcane aspects of the law are frequently analogized as constituting "traps for the unwary," and patent law seems to have more than its share of minutiae that fall within that characterization. The equitable principle of assignor estoppel is one example of such…