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Articole: 44

  1. Can Your Computer Corroborate Your Invention Date?

    (Patently-O)

    by Dennis Crouch The Federal Circuit has affirmed the PTAB's decision siding with the patentee Valtrus -- upholding all of the claims of its US6728704 against Google's IPR challenge.

  2. PTAB Section 101 Appeal Data, 2009–2026

    (Patently-O)

    by Dennis Crouch I have been parsing ex parte PTAB decisions - about 130 k for this post running from 2009 through September 2026 - looking particularly at the eligibility cases.

  3. Reading the Bench: Predictions for Five October Federal Circuit Arguments

    (Patently-O)

    by Dennis Crouch I've been tracking Federal Circuit oral arguments on my SCOTUSGate page.

  4. A Toothbrush, a Lost Patent, and 170 Years of Claim Drafting

    (Patently-O)

    by Dennis Crouch I started pulling at a loose bristle this week and ended up doing a deep dive into the history of the American toothbrush.

  5. Subject Matter Eligibility Declarations: An Empirical Study of Rule 132 Evidence and Examiner Response

    (Patently-O)

    by Dennis Crouch In December 2025, Director Squires invited applicants to begin filing special Rule 132 declarations focused on patent eligibility.

  6. Inter Partes Review (IPR) Filings Collapse to a New Normal

    (Patently-O)

    by Dennis Crouch The fiscal year that ended September 30, 2026 closed with about 450 IPR petitions, a third of the 1,400 filed in FY2025 and even fewer than the 510 filed in FY2013, the program's first full year.

  7. PTAB Law School Moot Court Competition Set for Spring 2027

    (Patently-O)

    by Dennis Crouch I’m hoping Mizzou will be able to field a team in the newly announced PTAB moot court competition in Spring 2027, offered in collaboration with Indiana University Maurer School of Law.

  8. After Williamson: Who Changed Their Claims, and Where the Function Went

    (Patently-O)

    by Dennis Crouch Back in May 2026, I wrote that Williamson found its mark.

  9. Jepson and Other Point-of-Novelty Claims in U.S. Patents, 1976–2026

    (Patently-O)

    by Dennis Crouch Point-of-novelty claiming is now rare in U.S. patents.

  10. Out of Line: Chief Judge Moore Rebukes Counsel, Then Leans Toward Reversal in J&M v. Kinze

    (Patently-O)

    by Dennis Crouch We didn't have any new precedential opinions yesterday and so instead I listened to several oral arguments.

  11. Parting Shot: Mandamus Sends USC v. Google from Judge Albright’s Austin Docket to N.D. Cal.

    (Patently-O)

    by Dennis Crouch Judge Alan Albright left the bench at the end of August and is now a partner at A&O Shearman.

  12. Pre-Suit Validity Investigation: When Must a Patentee Look Before Suing?

    (Patently-O)

    by Dennis Crouch Can a patentee rely on the presumption of validity when filing suit, even after the PTO has rejected closely related claims as ineligible?

  13. FY2026 Patent Data Update: Grants, Publications, and Cross-Border Inventors

    (Patently-O)

    by Dennis Crouch This post updates my September 21, 2026 post on FY2026 utility grants that was projecting out to end of the FY.

  14. Ease Is Not Necessity: Third Circuit Affirms No Fair Use in Thomson Reuters v. ROSS

    (Patently-O)

    by Dennis Crouch The Third Circuit has affirmed partial summary judgment that ROSS Intelligence infringed Thomson Reuters's copyrights when it used Westlaw headnotes to train a competing AI legal search tool.

  15. Clear but Impossible: Satius v. Samsung Moves Inoperable Claims from Indefiniteness to Enablement

    (Patently-O)

    by Dennis Crouch The Federal Circuit has affirmed invalidity of Satius's wireless-coupler patent, but on a different ground than the district court.

  16. Method or Molecule: Judge Dyk Dissents from En Banc Denial in Teva v. Lilly

    (Patently-O)

    by Dennis Crouch The Federal Circuit has denied rehearing en banc in Teva v.

  17. One Determination, Two Clocks: Crocs Asks the Supreme Court to Fix ITC Appeal Deadlines

    (Patently-O)

    by Dennis Crouch Crocs has asked the Supreme Court to decide when a single agency decision (by the ITC) becomes final for purposes of appeal.

  18. Tie Goes to the Applicant: The USPTO’s SMED Flowchart

    (Patently-O)

    by Dennis Crouch USPTO Director John Squires issued another memorandum on Subject Matter Eligibility Declarations (SMEDs) today: Subject Matter Eligibility Declarations (SMEDs) under 37 CFR 1.132: Flowchart for Analysis and Best Practices (Sept. 29, 2026).

  19. This Is Not a Feature Vector: Zentian v. Apple

    (Patently-O)

    by Dennis Crouch The Federal Circuit has affirmed the PTAB's cancellation of all six claims of Zentian's speech-recognition patent in a short nonprecedential opinion.

  20. Who Owns Mind Reading?

    (Patently-O)

    by Dennis Crouch Back in May 2023 I wrote a short post about the University of Texas study that used a GPT-style language model to reconstruct the gist of stories from fMRI scans (An API for the Human Mind, May 6, 2023).

  21. Before Lowell: The Patent System’s Early Rejection of Moral Judgment

    (Patently-O)

    by Dennis Crouch A fundamental aspect of the U.S. patent system is its lack of moral judgment.

  22. RCEs Are Rising Again: But Applicant Behavior Isn’t the Main Cause

    (Patently-O)

    by Dennis Crouch Requests for continued examination are climbing again.

  23. The Federal Circuit Expands Its Jurisdiction Yet Again

    (Patently-O)

    Professor Paul Gugliuzza (UTexas) argues in this guest post that the Federal Circuit got the jurisdictional question in Insulet v.

  24. 24 Days Late, Not Six Months: The Missing Judgment in Heidary v. Amazon

    (Patently-O)

    by Dennis Crouch The Federal Circuit recently dismissed the pro se appeal in Heidary v.

  25. Patent Docket Heading into the Supreme Court’s Long Conference

    (Patently-O)

    by Dennis Crouch The Justices return for their long conference on Monday, September 28, and the patent side of the docket is as full as it has been in some time.

  26. FY2026 Utility Grants by Origin and Continuity

    (Patently-O)

    by Dennis Crouch The USPTO will close out FY2026 (which ends September 30) with about 320k utility patent grants, down about 3% from FY2025.

  27. The Missing Inventor Problem

    (Patently-O)

    by Dennis Crouch Fortress Iron has asked the Supreme Court to review the Federal Circuit's decision invalidating two of its cable-railing patents because an omitted coinventor could not be found.

  28. Objective Baselessness in Carnegie v. Fenix Diamonds

    (Patently-O)

    by Dennis Crouch The Federal Circuit has affirmed a $3.2 million fee-and-expense award against the Carnegie Institution of Washington and its now-bankrupt licensee M7D (the company behind WD Lab Grown Diamonds) following their failed infringement suit aga…

  29. When the PTAB’s Broadest Reasonable Interpretation Goes Too Far

    (Patently-O)

    by Dennis Crouch The Federal Circuit has vacated a PTAB obviousness rejection of a catheter claim, holding that the Board's reading of the claim term "flow barrier" was unreasonably broad.

  30. The Federal Circuit Extends Sanho to the Section 102(b)(1)(B) Grace Period

    (Patently-O)

    by Dennis Crouch The America Invents Act of 2011 (AIA) substantially narrowed the 1-year grace period that US patent applicants had relied upon for more than a century.

  31. Shield and Sword: Sovereign Immunity, Discovery, and Rule 19 After TexasLDPC v. Broadcom

    (Patently-O)

    by Dennis Crouch The Federal Circuit today reversed the dismissal of a patent and copyright case that had been thrown out for failure to join the patent owner (Texas A&M University) who had asserted sovereign immunity to stay out of the litigation.

  32. Advisory Only: PTAB Judges Join Examiner Appeal Conferences

    (Patently-O)

    by Dennis Crouch On September 10, 2026, the USPTO released a notice allowing a PTAB Administrative Patent Judge to sit on the examiner panels that decide pre-appeal brief requests, and to fill the third seat, normally held by a second examiner, at the app…

  33. When R&D Counts as a Domestic Industry

    (Patently-O)

    by Dennis Crouch Apple has asked the Supreme Court to review the Federal Circuit's decision upholding the ITC's import ban on Apple Watches with blood-oxygen sensing.

  34. Patent Enforcement with DOJ Backing: Rare Breed’s Forced-Reset Trigger Campaign

    (Patently-O)

    by Dennis Crouch On September 10, the Federal Circuit heard argument in ABC IP, LLC v.

  35. Take or License: Can a Contract Cap Trade Secret Damages at a Royalty?

    (Patently-O)

    by Dennis Crouch This is the second post on Versata Software, LLC v.

  36. Who Keeps the Skill: A Randomized Trial of AI Patent Drafting at Eleven Firms

    (Patently-O)

    by Dennis Crouch A new NBER working paper reports results of a controlled trial of AI assistance among practicing patent attorneys.

  37. Back to Vail: The IP CLE Conference, January 6-9, 2027

    (Patently-O)

    by Dennis Crouch Time to make January plans.

  38. It’s Down There Somewhere: Viavi’s Section 285 Fee Award Affirmed

    (Patently-O)

    by Dennis Crouch Viavi Solutions Inc. v.

  39. CAFC Oral Args

    (Patently-O)

    by Dennis Crouch The Federal Circuit will hear oral arguments in four patent appeals on Tuesday morning (Sept 8).

  40. A USPTO Docketing Change Behind the Terminal Disclaimer Collapse

    (Patently-O)

    by Dennis Crouch Terminal disclaimers now appear on about 10% of issued utility patents, the lowest annual rate since 2008 and down from almost 22% in 2023.

  41. Prof John Duffy Next USPTO General Counsel

    (Patently-O)

    by Dennis Crouch Professor John Duffy (UVA) appears to be in line to take over as USPTO General Counsel.

  42. En Banc: Did Ramey Appeal His Own Sanction?

    (Patently-O)

    by Dennis Crouch This is the fourth post about VDPP, LLC v.

  43. Strings Attached: The House Hearing on Renewing USPTO Fee Setting Authority

    (Patently-O)

    by Dennis Crouch The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held its hearing on renewal of USPTO fee setting authority on September 2, 2026, one day after the House passed the continuing re…

  44. A Patent Purchase Scam Targeting Patent Attorneys

    (Patently-O)

    by Dennis Crouch Randy Micheletti of Incubate IP in Illinois sent over information about a fraud now circulating among patent attorneys.