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Dennis Crouch
Patent Law
Recent Activity
References Cited Per Patent
In the US patent applicants and patent attorneys operate under a duty to disclose to the USPTO "all information known to that individual to be material to patentability." 37 C.F.R. 1.56. Here, material to patentability is defined as non-cumulative information... Continue reading
Posted Jan 22, 2014 at Patent Law Blog (Patently-O)
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Test Post
This is a Test Post Continue reading
Posted Jan 22, 2014 at Patent Law Blog (Patently-O)
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What does it mean for a device to be "configured to" perform a particular function?
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By Dennis Crouch Chief Judge Rader recently argued that no patentable weight should be given to claim terms focusing on how a device is "configured to" perform a particular task. See Superior Industries v. Masaba (Fed. Cir. 2014) (concurring opinion).... Continue reading
Posted Jan 21, 2014 at Patent Law Blog (Patently-O)
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Infringement vs. Trespass
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Chart from Google books ngram viewer. Link. Continue reading
Posted Jan 21, 2014 at Patent Law Blog (Patently-O)
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Jumbo Patents of 2013
by Dennis Crouch The following is a list of the patents issued in 2013 with the most claims. 8,401,902: 404 claims covering a "method for using computers to facilitate and control the creating of a plurality of functions;" invented by... Continue reading
Posted Jan 20, 2014 at Patent Law Blog (Patently-O)
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Federal Circuit: Claim Construction Should be Avoided Unless Associated with a Recognized Meaningful Case Outcome
by Dennis Crouch Superior Industries v. Masaba (Fed. Cir. 2014) Superior Indus. is an interesting short non-precedential opinion from the Federal Circuit. Judge Clevenger wrote the opinion whose holding is simply a remand for clarification. However, the case raises important... Continue reading
Posted Jan 20, 2014 at Patent Law Blog (Patently-O)
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More information on the Novartis v. Lee Change in Patent Term Adjustment
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By Dennis Crouch The outcome of the Novartis v. Lee case is that the vast majority of recently issued patents that include an RCE in the file history are due additional patent term adjustment (PTA). For most cases, the additional... Continue reading
Posted Jan 19, 2014 at Patent Law Blog (Patently-O)
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Jury Trials in Patent Cases
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In his recent work-in-progress article, Professor Mark Lemley focuses on the question of whether the Seventh Amendment protects the right to a jury determination of invalidity. His answer (and I paraphrase): Its complicated, but there is probably not a constitutional... Continue reading
Posted Jan 19, 2014 at Patent Law Blog (Patently-O)
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Old Applications; New Patents
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By Dennis Crouch Patent applications filed on or after June 8, 1995 have a term of twenty years from the date of application filing. The prior rule offered a term of seventeen years from the issue date. This change was... Continue reading
Posted Jan 18, 2014 at Patent Law Blog (Patently-O)
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By Dennis Crouch Edwards Lifesciences v. Medtronic...
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By Dennis Crouch Edwards Lifesciences v. Medtronic (D. Delaware, 2014) A Delaware jury has awarded Edwards Lifesciences almost $400 million in lost profit damages for patent infringement and has also determined that the infringement was willful – opening the door... Continue reading
Posted Jan 17, 2014 at Patent Law Blog (Patently-O)
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USPTOs Budget to Rise Significantly
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By Dennis Crouch H.R.3547 - Consolidated Appropriations Act, 2014 will soon become law, only 3 ½ months into the fiscal year being budgeted. The new compromise budget offers $3,024,000,000 (three billion dollars) to the USPTO for FY2014 (that started October... Continue reading
Posted Jan 17, 2014 at Patent Law Blog (Patently-O)
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Jumbo Patents on the Decline.
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Over the past decade, we have seen a steep decline in "jumbo" patents. In my estimation, this is largely due to fee increases instituted in 2004 that make it cost prohibitive to file a large number of claims. Many applicants... Continue reading
Posted Jan 17, 2014 at Patent Law Blog (Patently-O)
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Patent Associate - Law Firm - New York, N.Y.
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Gottlieb, Rackman & Reisman, PC seeks an experienced patent attorney. The candidate should have: • At least two years of patent preparation and prosecution experience • A background in electrical engineering and software/computer science Primary job responsibilities include: • Preparing... Continue reading
Posted Jan 16, 2014 at Patent Law Jobs by Patently-O
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Hyatt v. USPTO: Three generations of poor examination are enough.
By Dennis Crouch Gilbert Hyatt v. USPTO (D. Nevada 2014) (Download Hyatt v USPTO Complaint) Inventor Gilbert Hyatt recently filed a lawsuit against the USPTO in his home state of Nevada asking that the USPTO be ordered to go ahead... Continue reading
Posted Jan 16, 2014 at Patent Law Blog (Patently-O)
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Readjusting Patent Term Adjustment
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By Dennis Crouch Novartis v. Lee (Fed. Cir. 2014); Exelixis v. Lee (Fed. Cir. 2014) This case results in a minor shift in patent term adjustment (PTA) for patents whose prosecution included an RCE filing. The basic change is exemplified... Continue reading
Posted Jan 15, 2014 at Patent Law Blog (Patently-O)
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Patent Trolls Storm the FTC
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By Dennis Crouch MPHJ Technology v. Federal Trade Commission (W.D. Texas 2014) In a bold lawsuit, patent owner MPHJ has sued the Federal Trade Commission and the Individual FTC Commissioners for "the unlawful interference and threats by the FTC against... Continue reading
Posted Jan 15, 2014 at Patent Law Blog (Patently-O)
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European Patent Notes on Divisional Applications
European Patent Update from Gwilym Roberts EP divisional practice – Back to the Past Attorneys will be aware that the European Patent Office announced a few months ago that it is reverting to its practice predating the controversial law change... Continue reading
Posted Jan 15, 2014 at Patent Law Blog (Patently-O)
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Corporate Counsel, Patents - Large Corporation - Las Vegas, Nev.
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At Amazon, we are not just looking for people who want to be part of a business. We are searching for people who want to build businesses. Amazon Technologies is currently recruiting for a Corporate Counsel to join our Patents... Continue reading
Posted Jan 14, 2014 at Patent Law Jobs by Patently-O
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Senior Corporate Counsel, Patents - Large Corporation - Seattle, Wash.
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Amazon's legal department is looking for a talented patent attorney to lead a team that supports Amazon Web Services (AWS), a dynamic and rapidly growing business within Amazon.com that is blazing new trails as a pioneer in the fast-growing cloud... Continue reading
Posted Jan 14, 2014 at Patent Law Jobs by Patently-O
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Contract Patent Attorney - Small Corporation - Anywhere (Remote)
ABSIST LLC is an innovative medical device company within the diagnostic radiology space. We hold multiple open patents and actively license our patents to global industry leaders. Responsibilities will include advising the company on IP issues, developing and coordinating IP... Continue reading
Posted Jan 14, 2014 at Patent Law Jobs by Patently-O
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Patent Technical Specialist - Law Firm - Irvine, Calif.
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The Orange County office of K&L Gates seeks to hire a Patent Technical Specialist to join their dynamic IP Litigation practice. The ideal candidate will have no fewer than 2 years of experience. Strong verbal, writing and communication skills are... Continue reading
Posted Jan 12, 2014 at Patent Law Jobs by Patently-O
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Supreme Court on Intellectual Property
The Supreme Court agreed today to hear four new intellectual property cases this session: Two patent cases, a copyright case, and a trademark case: Nautilus v. Biosig Instruments (13-369): what is the proper standard for indefiniteness. Limelight Networks v. Akamai... Continue reading
Posted Jan 10, 2014 at Patent Law Blog (Patently-O)
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Patent Attorney / Agent - Law Firm - Multiple Locations (Updated)
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Oliff PLC, a full service IP Law firm with offices in Alexandria, Virginia, St. Louis, Missouri, and Charlotte, North Carolina, is seeking Patent Attorneys or Agents with a background in chemistry, mechanical engineering, computer science, electrical engineering, or closely related... Continue reading
Posted Jan 10, 2014 at Patent Law Jobs by Patently-O
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Quiet: Introverts and Patent Rights
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by Dennis Crouch Susan Cain's book Quiet walks through an historic societal transformation toward an "Extrovert Ideal" that "dramatically undervalues introverts" and incorrectly equates introversion with shy and antisocial behavior. This transformation parallels the shift from a culture that values... Continue reading
Posted Jan 10, 2014 at Patent Law Blog (Patently-O)
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Patent Prosecution Associate or Patent Agent - Law Firm - Washington, D.C.
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The Patent Prosecution and Counseling group in the DC office of Venable LLP is looking to hire a patent prosecution associate or registered patent agent with an advanced degree or significant technical experience in computer science. Candidates must be admitted... Continue reading
Posted Jan 9, 2014 at Patent Law Jobs by Patently-O
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