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patentlyo.com /4 weeks ago

Categorical Rules Cut Both Ways: Originalist Equity, NPE Status, and the Symmetry of eBay’s Four-Factor Test

Judge Gilstrap denies Collision's injunction against Samsung yet adopts the USPTO's NPE framework, rejecting categorical rules in both directions. Continue reading this post on Pat...

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patentlyo.com /3 weeks ago

Borrowing from the Board: District Court Obviousness in the Post-IPR Era

With IPRs throttled under Squires, district courts now do §103 work. Bench judges should cite PTAB obviousness law as persuasive authority. Continue reading this post on Patently-O...

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patentlyo.com /2 days ago

Hooked on Differences: Design Patent Doctrine and Schedule A Litigation at the Federal Circuit

Pending Fed. Cir. appeal Easlick v. AccEncyc pairs the plainly dissimilar design patent fight with a rare appellate test of Schedule A litigation. Continue reading this post on Pat...

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patentlyo.com /1 month ago

Prior Art Rejection Rates in Design Patent Prosecution

New disposal-based data on Hague design applications shows §103 rejection rates remain near 1% despite LKQ, with a post-decision dip before modest recovery. Continue reading this p...

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patentlyo.com /1 month ago

SCOTUS: IP Cases in the Pipeline

A grouped survey of twelve IP cases pending before the Supreme Court as Hikma argument approaches: § 101, Federal Circuit shortcuts, PTO authority, more. Continue reading this post...

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patentlyo.com /1 week ago

Wine Railway and the Patent Marking Statute: Is a Covenant Not to Sue a Patent License?

Supreme Court cert petition in Ortiz v. Vizio challenges Federal Circuit's expansion of patent marking requirements to non-practicing entities, conflicts with Wine Railway and Dunl...

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patentlyo.com /1 month ago

After LKQ: The Boilerplate Changed; The Rejection Rate Did Not

Two years after LKQ Corp. v. GM, a 297-case study finds examiners stripped Rosen-Durling boilerplate but did not adopt new doctrine. Rate flat. Continue reading this post on Patent...

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patentlyo.com /1 month ago

The Director’s Non-Statutory Statute of Limitations

Google's cert petition asks SCOTUS whether the PTO can deny IPR based on 'settled expectations' and whether courts can review such denials. Continue reading this post on Patently-O...

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patentlyo.com /2 weeks ago

A United Front Against “Settled Expectations”

Seven amici back Google's cert petition in VirtaMove, attacking the PTO's six-year 'settled expectations' bar on IPR institution and its review. Continue reading this post on Paten...

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patentlyo.com /4 weeks ago

The Survivors: Post-IPR Claims, the Presumption of Validity, and the Limits of § 285

Federal Circuit affirms dismissal of mCom's surviving-claim suit but reverses § 285 fees and § 1927 sanctions, defending the presumption of validity. Continue reading this post on...

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lawnext.com /1 month ago

Ken Crutchfield: When Open Source Meets Legal — How MikeOSS Signals the End of Legal’s Secret Sauce

Last week, Will Chen released MikeOSS, an open-source project on GitHub that claims to be feature-equivalent to Harvey and Legora. Among other things, MikeOSS has an assistant, a t...

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patentlyo.com /1 month ago

Six on the Bench: The Federal Circuit’s Pending En Banc Patent Petitions

Six pending Federal Circuit en banc patent petitions cluster around eligibility, Rule 702, ANDA infringement, standing, and design. Continue reading this post on Patently-O.

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patentlyo.com /4 weeks ago

Williamson Found Its Mark: New Data on Functional Claim Language, 1976-2026

How Federal Circuit decisions reshaped patent claim drafting: fifty years of data show the rise of 'configured to' and the post-Williamson turn. Continue reading this post on Paten...

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patentlyo.com /4 weeks ago

Justice Up Close: The Federal Circuit Opens Its Doors for America 250

Federal Circuit unveils a Schoolhouse Rock-style theme song and opens its doors July 3 for America 250. Free tickets drop May 19 at 11:30 a.m. ET. Continue reading this post on Pat...

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patentlyo.com /1 week ago

Integrity Versus Repose: When Claim Preclusion Bars Fraud on the Court

The Eleventh Circuit holds res judicata bars a patent-rooted fraud-on-the-court claim, even as Capital Security readies a Supreme Court petition. Continue reading this post on Pate...

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patentlyo.com /1 month ago

Fun While It Lasted: Judge Albright to Leave the Bench

Judge Alan Albright will resign from WDTX at the end of August, but the patent-venue shift to EDTX and Midland-Odessa already happened. Continue reading this post on Patently-O.

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reason.com /1 month ago

Don't Care Bears and Intellectual Property Law

From Judge Arun Subramanian (S.D.N.Y.) Wednesday in Those Characters from Cleveland, LLC v. Schedule A Defendants: [P]laintiff has failed to… The post Don't Care Bears and Intellec...

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law360.com /6 days ago

IP Notebook: Cox's Reach, 'Top Gun' Appeal, 'Lazy' Videos

This round of Law360's review of emerging copyright and trademark issues looks at the ripple effects from the U.S. Supreme Court's ruling on secondary copyright liability and highl...

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feeds.feedblitz.com /1 month ago

In Big AI Copyright Case, Judge Salutes Susman Godfrey's Bet on a First-Year Associate

Dylan Salzman, an associate in his first year at Susman Godfrey, caught the attention of U.S. District Judge Jon Tigar while arguing contributory infringement issues for authors ag...

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patentlyo.com /1 month ago

Amazon as Prior Art: The Rise in Design Patent §102 Rejections

Design patent §102 anticipation rejections have risen sevenfold since 2008, driven almost entirely by Amazon and e-commerce listings replacing patents as the dominant source of pri...

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patentlyo.com /1 week ago

Six Petitions, Six Placeholders: The Patent Docket Awaiting the Supreme Court

A case-by-case look at the dozen patent petitions and applications pending at the Supreme Court, from settled expectations to prosecution laches. Continue reading this post on Pate...

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illinoislawyernow.com /2 weeks ago

Illinois Customers Not Enough to Create Lanham Act Standing Without Illinois Injury

Specialty Publishing Company v. UDA Technologies, Inc., No. 1:25-cv-3873, Slip Op. (N.D. Ill. Jan. 13, 2026) (Coleman, J.). Judge Coleman granted Defendant UDA Technologies’ Fed. R...

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patentlyo.com /6 days ago

Trading Claims for Speed: USPTO Sweetens the Streamlined Claim Set Pilot

USPTO waives the petition fee for its Streamlined Claim Set Pilot Program, offering free expedited first Office actions for lean claim sets. Continue reading this post on Patently-...

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patentlyo.com /1 month ago

The DTSA’s Missing Preemption: Does § 1835(b) Bind State Courts?

A new cert petition asks whether the DTSA's trade secret confidentiality protections in 18 U.S.C. § 1835(b) bind state courts. The answer is far from clear. Continue reading this p...

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