Patently-O

Patent Docket Heading into the Supreme Court’s Long Conference

Supreme Court patent docket swells with 13 petitions, two more pending, and major fights over IPR review, eligibility, damages, and claim scope.
Patently-O

When the PTAB’s Broadest Reasonable Interpretation Goes Too Far

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. In re Incept LLC, No.
Patently-O

When R&D Counts as a Domestic Industry

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. Apple Inc. v. ITC, No. 26-316 (petition filed Sept ...
Patently-O

Supreme Court Takes Up Whether Trademark Strength Belongs to Judge or Jury

As the 2025-2026 term ends, the Supreme Court has agreed to decide whether the strength of a trademark is a question of fact or a question of law. The Court granted certiorari in RiseandShine Corp. v.
Patently-O

The Federal Circuit’s Antisuit Injunction Decision in Ericsson v. Lenovo has Broader Implications for Global SEP Litigation

The case stems from the dispute between Ericsson and Lenovo over licenses to their respective portfolios of patents essential to the 5G wireless telecommunications standards (standards-essential ...
Patently-O

Don’t Write This Letter to the Patent Office

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.
Patently-O

Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

The Federal Circuit’s new decision in Sanho v. Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that ...
Patently-O

Jack Dorsey and Elon Musk Call for Abolition of “All IP Law”

In a characteristically terse post on X, twitter co-founder Jack Dorsey declared “delete all IP law.” Elon Musk quickly agreed with Dorsey’s statement. It is unclear to me which of these ...
Patently-O

The Services Problem That Undermines Crocs’ Textualist False Advertising Defense

A recent petition for certiorari in Crocs v. Dawgs asks the U.S. Supreme Court to clarify whether the Lanham Act’s false advertising provision can reach a company’s false claims that its product is ...
Patently-O

SCOTUS: Patent Owner Joins the Section 314(d) Cert Queue

FedEx has asked the Supreme Court to decide whether any court can make the Patent Office follow 35 U.S.C. § 312(a)(2), the requirement that an IPR petitioner identify “all real parties in interest.” ...
Patently-O

Tracing the Quote: Everything that can be Invented has been Invented

Charles H. Duell was the Commissioner of US patent office in 1899. Mr. Deull's most famous attributed utterance is that "everything that can be invented has been invented." Most patent attorneys have ...
Patently-O

Making a Proper Determination of Obviousness

Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer ...