Dennis Crouch - Patently-O
@denniscrouch.bsky.social
Law Prof @MizzouLaw | Founder of Patently-O | #artificialintelligence #patents #SCOTUS | Teaching legal ethics | #coldplunge enthusiast & proud girl dad x2 🧊📚⚖️
New on Patently-O: Prof. Camilla Hrdy @law.rutgers.edu explores the legal battle over AI reverse engineering in OpenEvidence v. Pathway. Can extracting data from a generative AI be legal reverse engineering, or is it trade secret misappropriation?
patentlyo.com/patent/2025/...
patentlyo.com/patent/2025/...
OpenEvidence v. Pathway: The Legal Battle Over AI Reverse Engineering
Guest Post by Professor Camilla Hrdy (Rutgers Law) Can generative AI models like ChatGPT be "reverse engineered" in order to …
patentlyo.com
March 3, 2025 at 9:42 PM
New on Patently-O: Prof. Camilla Hrdy @law.rutgers.edu explores the legal battle over AI reverse engineering in OpenEvidence v. Pathway. Can extracting data from a generative AI be legal reverse engineering, or is it trade secret misappropriation?
patentlyo.com/patent/2025/...
patentlyo.com/patent/2025/...
After 18 years & 5 trips to the Federal Circuit (plus 1 SCOTUS detour), Halo v. Pulse continues its saga.
The latest Feb 2025 decision effectively nullifies a jury's willful infringement finding by allowing judges to second-guess without clear standards. #PatentLaw
patentlyo.com/patent/2025/...
The latest Feb 2025 decision effectively nullifies a jury's willful infringement finding by allowing judges to second-guess without clear standards. #PatentLaw
patentlyo.com/patent/2025/...
Second-Guessing the Jury: The Federal Circuit’s Flawed Take on Enhanced Damages in Halo v. Pulse
by Dennis Crouch After 18 years of litigation, the Federal Circuit has once again ruled in the patent infringement case …
patentlyo.com
March 3, 2025 at 9:26 PM
After 18 years & 5 trips to the Federal Circuit (plus 1 SCOTUS detour), Halo v. Pulse continues its saga.
The latest Feb 2025 decision effectively nullifies a jury's willful infringement finding by allowing judges to second-guess without clear standards. #PatentLaw
patentlyo.com/patent/2025/...
The latest Feb 2025 decision effectively nullifies a jury's willful infringement finding by allowing judges to second-guess without clear standards. #PatentLaw
patentlyo.com/patent/2025/...
Thank you to @meeradeo.bsky.social for joining us in Columbia Mo (Mizzou Law) to talk about law school and belonging: Looking to nurture and support a sense of community in the law school through mentorship, open dialogue, and spaces where everyone feels valued. Grateful for the insights!
February 26, 2025 at 11:11 PM
Thank you to @meeradeo.bsky.social for joining us in Columbia Mo (Mizzou Law) to talk about law school and belonging: Looking to nurture and support a sense of community in the law school through mentorship, open dialogue, and spaces where everyone feels valued. Grateful for the insights!
When Shakespeare's villain says "First, let's kill all the lawyers," it's not a joke - it's because lawyers are society's key defense against tyranny. (Henry VI, Part 2).
February 16, 2025 at 4:07 PM
When Shakespeare's villain says "First, let's kill all the lawyers," it's not a joke - it's because lawyers are society's key defense against tyranny. (Henry VI, Part 2).
@zvirosen.bsky.social has a great new article looking at AI copyright from a historical perspective - including a list of "six lessons we can take from this history and apply to copyright law today."
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
AI Authorship: A Case of History Repeating Itself?
<p>The idea of computers creating works which might be copyrightable (be it called AI, computational creativity, algorithmic authorship, or anything else) is ol
papers.ssrn.com
February 13, 2025 at 8:03 PM
@zvirosen.bsky.social has a great new article looking at AI copyright from a historical perspective - including a list of "six lessons we can take from this history and apply to copyright law today."
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
For this chart I looked at US patent applications that received a "final rejection" in January 2024 and there status 1-year later in January 2025. About half have issued as patents.
In negotiation frame: There is usually another offer after the final offer.
patentlyo.com/patent/2025/...
In negotiation frame: There is usually another offer after the final offer.
patentlyo.com/patent/2025/...
February 13, 2025 at 7:26 PM
For this chart I looked at US patent applications that received a "final rejection" in January 2024 and there status 1-year later in January 2025. About half have issued as patents.
In negotiation frame: There is usually another offer after the final offer.
patentlyo.com/patent/2025/...
In negotiation frame: There is usually another offer after the final offer.
patentlyo.com/patent/2025/...
Fed Cir reverses ITC in US Synthetic, holding composition claims can't be "abstract ideas" merely because they're defined by properties. Major win for chemical/pharma patents, creating clear pathway for claiming compositions of matter.
patentlyo.com/patent/2025/...
patentlyo.com/patent/2025/...
When Properties Define Structure: Eligibility of Composition Claims
by Dennis Crouch The Federal Circuit has reversed a controversial ITC decision that had invalidated composition of matter claims as …
patentlyo.com
February 13, 2025 at 7:23 PM
Fed Cir reverses ITC in US Synthetic, holding composition claims can't be "abstract ideas" merely because they're defined by properties. Major win for chemical/pharma patents, creating clear pathway for claiming compositions of matter.
patentlyo.com/patent/2025/...
patentlyo.com/patent/2025/...
Reposted by Dennis Crouch - Patently-O
MacDonald v. Minnesota, 24-862
Is an election law requiring proof that judicial candidates have state law licenses in order to qualify as 'learned in the law' unconstitutional under Marbury v. Madison?
Is an election law requiring proof that judicial candidates have state law licenses in order to qualify as 'learned in the law' unconstitutional under Marbury v. Madison?
February 13, 2025 at 2:43 AM
MacDonald v. Minnesota, 24-862
Is an election law requiring proof that judicial candidates have state law licenses in order to qualify as 'learned in the law' unconstitutional under Marbury v. Madison?
Is an election law requiring proof that judicial candidates have state law licenses in order to qualify as 'learned in the law' unconstitutional under Marbury v. Madison?
I read a remarkably bold petition for certiorari filed this month in Shen Zhen v. US, 24-855. A Chinese real estate developer (Huang Wei) is asking the US Supreme Court to effectively rewrite decades of federal bribery law -- in favor of allowing more bribery.
www.linkedin.com/feed/update/...
www.linkedin.com/feed/update/...
Dennis Crouch on LinkedIn: 20250207123511807_SZNW Cert Petition.pdf
I read a remarkably bold petition for certiorari filed this month in Shen Zhen v. US, 24-855. A Chinese real estate developer (Huang Wei) is asking the US…
www.linkedin.com
February 12, 2025 at 7:43 PM
I read a remarkably bold petition for certiorari filed this month in Shen Zhen v. US, 24-855. A Chinese real estate developer (Huang Wei) is asking the US Supreme Court to effectively rewrite decades of federal bribery law -- in favor of allowing more bribery.
www.linkedin.com/feed/update/...
www.linkedin.com/feed/update/...
I'm surprised by the district court's rejection of fair use defense in Thompson Reuters v. Westlaw - focusing on Ross's use of Westlaw headnotes as inputs into its AI system. patentlyo.com/media/2025/0...
patentlyo.com
February 11, 2025 at 3:52 PM
I'm surprised by the district court's rejection of fair use defense in Thompson Reuters v. Westlaw - focusing on Ross's use of Westlaw headnotes as inputs into its AI system. patentlyo.com/media/2025/0...
The Federal Circuit continues relying heavily on Rule 36 summary affirmances in 2025, disposing of complex patent cases without written opinions. This practice raises serious concerns about judicial transparency and development of patent law.
patentlyo.com/patent/2025/...
patentlyo.com/patent/2025/...
Million-Dollar Mysteries: Recent Complex Patent Cases Lost to Rule 36
by Dennis Crouch In a recent batch of Rule 36 summary affirmances, the Federal Circuit disposed of several complex patent …
patentlyo.com
February 10, 2025 at 9:45 PM
The Federal Circuit continues relying heavily on Rule 36 summary affirmances in 2025, disposing of complex patent cases without written opinions. This practice raises serious concerns about judicial transparency and development of patent law.
patentlyo.com/patent/2025/...
patentlyo.com/patent/2025/...
@design-law.bsky.social might like this case: Lu v. Hyper Bike - Federal Circuit just affirmed dismissal in R.36 judgment. But the district court’s opinion of non-infringement is notable for a lack of analysis of non-infringement.
February 10, 2025 at 9:33 PM
@design-law.bsky.social might like this case: Lu v. Hyper Bike - Federal Circuit just affirmed dismissal in R.36 judgment. But the district court’s opinion of non-infringement is notable for a lack of analysis of non-infringement.
#USPTO has emailed examiners with a memo suggesting that, for now, they are largely shielded from return-to-office mandate through union protections. The POPA collective bargaining agreement is the crucial buffer as the agency implements the new White House directive. patentlyo.com/patent/2025/...
Most Patent Examiners Protected from USPTO Return-to-Office Mandate (for now) Through Union Agreement
by Dennis Crouch USPTO Commissioner for Patents Vaishali Udupa released guidance yesterday regarding the agency's implementation of President Trump's return-to-in-person …
patentlyo.com
February 5, 2025 at 6:45 PM
#USPTO has emailed examiners with a memo suggesting that, for now, they are largely shielded from return-to-office mandate through union protections. The POPA collective bargaining agreement is the crucial buffer as the agency implements the new White House directive. patentlyo.com/patent/2025/...
Reposted by Dennis Crouch - Patently-O
For right now, yes. Anyone in management, such as SPEs, just got screwed though. Training is gonna take a huge hit and SPEs are like 90% of our support in the examining core. Further, OPM has just asserted that the CBA is illegal, so we'll have to see if the average examiner is actually protected.
February 4, 2025 at 11:20 PM
For right now, yes. Anyone in management, such as SPEs, just got screwed though. Training is gonna take a huge hit and SPEs are like 90% of our support in the examining core. Further, OPM has just asserted that the CBA is illegal, so we'll have to see if the average examiner is actually protected.
The USPTO faces major disruptions due to new White House directives, including a hiring freeze, newly ordered mandatory in-office work for PTAB judges, and a controversial resignation program. These shifts risk worsening the patent backlog and eroding institutional expertise. #patents #USPTO
February 4, 2025 at 8:48 PM
Reposted by Dennis Crouch - Patently-O
The government keeps saying that trans people are bad, but here’s the thing: trans people are actually extremely cool
January 28, 2025 at 8:33 PM
The government keeps saying that trans people are bad, but here’s the thing: trans people are actually extremely cool
Here is the offending tweet - question is whether Grecco waited too long to seek his copyright claim.
January 27, 2025 at 3:50 AM
Here is the offending tweet - question is whether Grecco waited too long to seek his copyright claim.
SCOTUS recently issued four calls for the views of the solicitor general (CVSG).
Sarah Harris is the current acting solicitor general of the United States -- jumping in on January 20, 2025. Harris was most recently a partner at Williams & Connolly and a former clerk for Justice Thomas.
Sarah Harris is the current acting solicitor general of the United States -- jumping in on January 20, 2025. Harris was most recently a partner at Williams & Connolly and a former clerk for Justice Thomas.
January 26, 2025 at 3:18 AM
SCOTUS recently issued four calls for the views of the solicitor general (CVSG).
Sarah Harris is the current acting solicitor general of the United States -- jumping in on January 20, 2025. Harris was most recently a partner at Williams & Connolly and a former clerk for Justice Thomas.
Sarah Harris is the current acting solicitor general of the United States -- jumping in on January 20, 2025. Harris was most recently a partner at Williams & Connolly and a former clerk for Justice Thomas.
The pending SCOTUS case of Alabama v. California, 22O158 is interesting because Alabama is arguing against states rights.
California (along with CT, MN, NJ, and RI) sued major energy companies (Exxon Mobil, Shell, Chevron) alleging they knew about climate change impacts but failed to disclose.
California (along with CT, MN, NJ, and RI) sued major energy companies (Exxon Mobil, Shell, Chevron) alleging they knew about climate change impacts but failed to disclose.
January 26, 2025 at 2:54 AM
The pending SCOTUS case of Alabama v. California, 22O158 is interesting because Alabama is arguing against states rights.
California (along with CT, MN, NJ, and RI) sued major energy companies (Exxon Mobil, Shell, Chevron) alleging they knew about climate change impacts but failed to disclose.
California (along with CT, MN, NJ, and RI) sued major energy companies (Exxon Mobil, Shell, Chevron) alleging they knew about climate change impacts but failed to disclose.
Reposted by Dennis Crouch - Patently-O
We must recognize the danger that age verification laws have beyond pornography. They could clear the way for politicians to deem harmful any content they disagree with, such as LGBTQ+ content or content about abortion.
The Impact of Age Verification Measures Goes Beyond Porn Sites
As age verification bills pass across the world under the guise of “keeping children safe online,” governments are increasingly giving themselves the authority to decide what topics are deemed “safe” ...
www.eff.org
January 24, 2025 at 4:34 PM
We must recognize the danger that age verification laws have beyond pornography. They could clear the way for politicians to deem harmful any content they disagree with, such as LGBTQ+ content or content about abortion.
Reposted by Dennis Crouch - Patently-O
Not surprised that many lawyers are underperforming in providing pro bono work. This would be a good time for lawyers to step it up.
www.law360.com/articles/228...
www.law360.com/articles/228...
Many Attorneys Not Meeting ABA's 50-Hour Pro Bono Goal - Law360
While most attorneys have volunteered pro bono services at some point in their career, many lawyers are not meeting the American Bar Association's goal for every lawyer to provide 50 hours of pro bono...
www.law360.com
January 24, 2025 at 2:26 PM
Not surprised that many lawyers are underperforming in providing pro bono work. This would be a good time for lawyers to step it up.
www.law360.com/articles/228...
www.law360.com/articles/228...
Another Second Amendment Petition to the Supreme Court. This one from Minnesota. The 8th Circuit ruled MN law barring <21 from getting a public carry permit violates the Second Amendment. Big implications for age restrictions on firearms nationwide. #SecondAmendment #GunLaws
January 24, 2025 at 1:51 AM
Another Second Amendment Petition to the Supreme Court. This one from Minnesota. The 8th Circuit ruled MN law barring <21 from getting a public carry permit violates the Second Amendment. Big implications for age restrictions on firearms nationwide. #SecondAmendment #GunLaws
Among the 8th Circuit Judges, 11 of the 12 were appointed by a republican president:
2 - George HW Bush
5 - George W Bush
1 - Barack Obama
4 - Donald Trump
(This includes 1 active senior status judge).
2 - George HW Bush
5 - George W Bush
1 - Barack Obama
4 - Donald Trump
(This includes 1 active senior status judge).
January 24, 2025 at 1:33 AM
Among the 8th Circuit Judges, 11 of the 12 were appointed by a republican president:
2 - George HW Bush
5 - George W Bush
1 - Barack Obama
4 - Donald Trump
(This includes 1 active senior status judge).
2 - George HW Bush
5 - George W Bush
1 - Barack Obama
4 - Donald Trump
(This includes 1 active senior status judge).
New CAFed decision upholds Ravgen's fetal DNA testing patent, finding no obviousness in combining known cffDNA testing with use of formaldehyde to prevent degradation. 2003 patent filing date. patentlyo.com/patent/2025/...
Federal Circuit (Again) Upholds Ravgen's Fetal DNA cffDNA Patent
by Dennis Crouch In a January 22, 2025 decision, the Federal Circuit once again maintained validity of Ravgen's fetal DNA …
patentlyo.com
January 23, 2025 at 2:49 PM
New CAFed decision upholds Ravgen's fetal DNA testing patent, finding no obviousness in combining known cffDNA testing with use of formaldehyde to prevent degradation. 2003 patent filing date. patentlyo.com/patent/2025/...
Reposted by Dennis Crouch - Patently-O
Chinese AI startup DeepSeek unveils #opensource model to rival #OpenAI o1 - www.computerworld.com/article/3808... " With its MIT license and ultra-low costs, DeepSeek could be an appealing and cost-effective option for enterprise adoption. " #china
Chinese AI startup DeepSeek unveils open-source model to rival OpenAI o1
With its MIT license and ultra-low costs, DeepSeek could be an appealing and cost-effective option for enterprise adoption.
www.computerworld.com
January 23, 2025 at 11:51 AM
Chinese AI startup DeepSeek unveils #opensource model to rival #OpenAI o1 - www.computerworld.com/article/3808... " With its MIT license and ultra-low costs, DeepSeek could be an appealing and cost-effective option for enterprise adoption. " #china