New on Patently-O: Does the DTSA's trade secret protections bind state courts? A cert petition challenges whether § 1835(b) applies beyond federal proceedings. The answer remains surprisingly uncertain.
Barry v. DePuy heads back to the Federal Circuit en banc. DePuy challenges a panel decision on expert witness admissibility, arguing it conflicts with EcoFactor and recent Rule 702 reforms. New analysis on Patently-O.
Federal Circuit just tightened California's trade secret rules in a major reversal of a $17M Penuma judgment. The court tied "generally known" standards to patent inventorship - a significant shift. Read the full analysis on Patently-O.
Federal Circuit limits Amgen's reach in Teva v. Lilly: method-of-use claims face a lower Section 112 bar when the genus is well-known. A key win for patent applicants. Read the analysis on Patently-O.
The USPTO is breaking its own reexamination rules. New pre-order procedures let patent owners challenge ex parte reexamination before SNQ determination - but is there legal authority? Read the analysis on Patently-O.
Graham's four factors provide the framework, but they don't seal the deal on obviousness. Discover how the doctrines built on top of them do the real analytical work in our latest Patently-O analysis.
Breaking: PTAB inventory drops below 2,000 for the first time in 20 years. Appeal pendency falls to 9 months as IPR institutions decline 43% under Director Squires. A major shift in patent litigation landscape. Read the analysis on Patently-O.
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New on Patently-O: Does a settlement license trigger the § 287 marking requirement for NPEs seeking pre-suit damages? The Federal Circuit panel had some sharp questions for patent counsel in this latest decision.
New on Patently-O: A striking empirical study of 233M citations reveals that nearly 25% of office actions now cite secret prior art. But does the legal measure overstate the practical problem? Read our analysis.
The Federal Circuit tackles a thorny question in EagleView v. Nearmap: can the printed matter doctrine undermine secondary considerations evidence of non-obviousness? A new analysis on Patently-O explores the implications.
Surprising takeaway from the Federal Circuit: when trademark designs are sufficiently different, that alone can resolve a likelihood of confusion case. The court just said X marks and stick figures don't mix. Read the latest on Patently-O.
New on Patently-O: The Federal Circuit just raised the bar for PGR challengers. In ironSource v. Digital Turbine, petitioners must now establish injury to substitute claims, not just original ones. A critical reminder that amended claims can outpace your standing argument.
Throwback: Why HP couldn't use an obviousness defense against MPHJ's patent enforcement campaign, even if the patent was obvious. A classic Patently-O deep dive into patent litigation strategy and the limits of available defenses.
Inventorship invalidity survived the AIA's repeal of section 102(f). Patently-O explores how the Federal Circuit is rebuilding inventorship law from 1790 through Fortress Iron and AI in our latest post.
New on Patently-O: A Federal Circuit case of first impression raises troubling questions about patent validity when a coinventor cannot be located for correction under Section 256. What does this mean for AI-generated inventions?
Fascinating data: we've animated 116 years of US patent inventor names. Women patent at lower rates, but there's another trend - parents choose far more conservative names for boys. See which names dominate the patent landscape on Patently-O.
New on Patently-O: A Federal Circuit decision in Puradigm v. DBG clarifies that prosecution disclaimers stick - even when examiners reject them. The ruling extends disclaimers to logical variants of prior art, reshaping claim interpretation strategy.
Throwback to when the Defend Trade Secret Act sailed through the Senate unanimously. A rare moment of IP law consensus that created a federal cause of action for trade secret misappropriation. Revisit this classic Patently-O analysis on how gridlock gave way to landmark legislation.
The USPTO's April Fool's joke about an AI tool for patent eligibility might be funny - but it perfectly mirrors real policy on Alice, SMEDs, and AI examination. Read the full analysis on Patently-O.
New guest post on Patently-O: Professors Lefstin and Menell examine PERA's eligibility exclusions and propose important revisions, including addressing nontechnological utility and adding a research exemption for natural materials.
Great opportunity for IP lawyers! GW Law is hiring a Visiting IP Fellow through the Frank H. Marks fellowship. Perfect for launching an academic career. Applications due April 24. Learn more on Patently-O.
The Federal Circuit just made it harder for component patent owners to prove nonobviousness. In MRI v. Squires, the court affirmed the PTAB's finding that the patent holder failed both tracks of the nexus test for objective indicia. Read the full analysis on Patently-O.
Federal Circuit tackles a tricky question: Can something be both publicly disclosed in a patent AND protected as a trade secret? A $21M case involving penile implant designs shows why this matters. Read the latest on Patently-O.
New on Patently-O: A fascinating clash emerges as a cert petition challenges the Federal Circuit's § 101 reversal - one that contradicts the USPTO Director's own appellate defense of the PTAB's eligibility finding. Agency guidance meets judicial skepticism.
Director Squires faced tough questions from both sides of the aisle at his House oversight hearing. Key topics: IPR institution policy, retroactive de-institution, and PTAB reform. Read the full breakdown on Patently-O.
The Federal Circuit just expanded the ITC's domestic industry framework in a major Apple Watch ruling. Iterative prototypes and circumstantial evidence now count - a significant shift in patent enforcement. Read the latest analysis on Patently-O.
Federal Circuit closes a procedural loophole: ITC respondents can't dismiss and refile a DJ action to reset the 30-day mandatory stay deadline. A key ruling on strategic litigation tactics. Read the full analysis on Patently-O.
SCOTUS just reversed a $1B copyright verdict against Cox Communications. The Court ruled that merely knowing about user infringement isn't enough for contributory liability. A major shift in secondary copyright law. Read the analysis on Patently-O.
Stay ahead in patent law. Patently-O premium gives you full access to expert analysis, breaking news, and in-depth commentary. Subscribe today and never miss critical insights. https://patentlyo.com/login-2