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 🧊📚⚖️
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/...
Prof Lefstin had argued the ITC's abstract idea rejection of PDC claims echoed the CCPA's long-abandoned "functional claiming" doctrine. His warning: American Axle risks unraveling decades of settled law allowing properties to define compositions. @uclawsf.bsky.social
patentlyo.com/patent/2023/...
patentlyo.com/patent/2023/...
February 13, 2025 at 7:23 PM
Prof Lefstin had argued the ITC's abstract idea rejection of PDC claims echoed the CCPA's long-abandoned "functional claiming" doctrine. His warning: American Axle risks unraveling decades of settled law allowing properties to define compositions. @uclawsf.bsky.social
patentlyo.com/patent/2023/...
patentlyo.com/patent/2023/...
The timing is particularly striking given President Trump's recent executive order pausing enforcement of the Foreign Corrupt Practices Act - suggesting a broader moment of flux in anti-corruption enforcement as a way to level an "uneven playing field for American firms."
February 12, 2025 at 7:43 PM
The timing is particularly striking given President Trump's recent executive order pausing enforcement of the Foreign Corrupt Practices Act - suggesting a broader moment of flux in anti-corruption enforcement as a way to level an "uneven playing field for American firms."
The case involved lavish gifts totaling more than $1 million - including gambling chips, private jets, and prostitutes - provided to then-Los Angeles City Councilman Jose Huizar while Billionaire Huang sought approval to build what would have been the tallest skyscraper west of the Mississippi.
February 12, 2025 at 7:43 PM
The case involved lavish gifts totaling more than $1 million - including gambling chips, private jets, and prostitutes - provided to then-Los Angeles City Councilman Jose Huizar while Billionaire Huang sought approval to build what would have been the tallest skyscraper west of the Mississippi.
The Key Analogy: Just as a sculptor creates art by choosing what to remove from a block of marble, Westlaw's editors create original work by selecting which parts of court opinions to highlight.
OMG.
OMG.
February 11, 2025 at 3:52 PM
The Key Analogy: Just as a sculptor creates art by choosing what to remove from a block of marble, Westlaw's editors create original work by selecting which parts of court opinions to highlight.
OMG.
OMG.
Wilson v. Corning presented novel Seventh Amendment questions about jury trials for hybrid legal-equitable claims. District courts need guidance on these recurring issues. Rule 36 leaves them in the dark.
February 10, 2025 at 9:45 PM
Wilson v. Corning presented novel Seventh Amendment questions about jury trials for hybrid legal-equitable claims. District courts need guidance on these recurring issues. Rule 36 leaves them in the dark.
In re Google shows even cases with top appellate counsel (Williams & Connolly) get summary affirmances. This was even a fun patent - claiming a method of finding "hot news"
February 10, 2025 at 9:45 PM
In re Google shows even cases with top appellate counsel (Williams & Connolly) get summary affirmances. This was even a fun patent - claiming a method of finding "hot news"
Lu v. Hyper Bicycles - a design patent case where defendant's CEO admitted designs were "based upon the drawings" in Lu's patents. Perfect opportunity to clarify evidence needed for summary judgment in design patent cases. Instead: silence from the Federal Circuit.
February 10, 2025 at 9:45 PM
Lu v. Hyper Bicycles - a design patent case where defendant's CEO admitted designs were "based upon the drawings" in Lu's patents. Perfect opportunity to clarify evidence needed for summary judgment in design patent cases. Instead: silence from the Federal Circuit.
@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.
Key impact falls on Supervisory Patent Examiners (SPEs) and PTAB judges - management positions outside union protection. All of those folks will be returning to the Office - as soon as this week. Space constraints though will mean a phased return.
February 5, 2025 at 6:45 PM
Key impact falls on Supervisory Patent Examiners (SPEs) and PTAB judges - management positions outside union protection. All of those folks will be returning to the Office - as soon as this week. Space constraints though will mean a phased return.
USPTO Acting Director Stewart has so far remained silent except to announce full implementation of all White House orders and policies.
February 4, 2025 at 8:48 PM
USPTO Acting Director Stewart has so far remained silent except to announce full implementation of all White House orders and policies.
A joint IPO & AIPLA letter to Congress warns that these policies will hinder the USPTO’s ability to meet its mission. The return-to-office mandate for #PTAB judges, many of whom were hired under remote work policies, is particularly concerning - They will all be back in the office Feb 24.
February 4, 2025 at 8:48 PM
A joint IPO & AIPLA letter to Congress warns that these policies will hinder the USPTO’s ability to meet its mission. The return-to-office mandate for #PTAB judges, many of whom were hired under remote work policies, is particularly concerning - They will all be back in the office Feb 24.
I write: folks across the spectrum from right to left agree that current White House changemaking is following a brutalist approach that treats all federal employees and agencies as interchangeable parts rather than recognizing their unique roles, specialized expertise, and operational requirements.
February 4, 2025 at 8:48 PM
I write: folks across the spectrum from right to left agree that current White House changemaking is following a brutalist approach that treats all federal employees and agencies as interchangeable parts rather than recognizing their unique roles, specialized expertise, and operational requirements.
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.
Case 4: Port of Tacoma, et al. v. Puget Soundkeeper Alliance, 24-350 asking: Whether Section 505 of the Clean Water Act authorizes citizens to invoke federal courts to enforce conditions of state-issued pollutant-discharge permits that mandate a greater scope of coverage than required by the CWA
January 26, 2025 at 3:18 AM
Case 4: Port of Tacoma, et al. v. Puget Soundkeeper Alliance, 24-350 asking: Whether Section 505 of the Clean Water Act authorizes citizens to invoke federal courts to enforce conditions of state-issued pollutant-discharge permits that mandate a greater scope of coverage than required by the CWA
Case 3: FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al., 24-345 asking: Whether Section 47(b) of the Investment Company Act creates an implied private right of actio
January 26, 2025 at 3:18 AM
Case 3: FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al., 24-345 asking: Whether Section 47(b) of the Investment Company Act creates an implied private right of actio
Case 2: Borochov, v. Islamic Republic of Iran, et al., 24-277 asking: Whether the Foreign Sovereign Immunities Act's terrorism exception extends jurisdiction to claims arising from a foreign state's material support for a terrorist attack that injures or disables, but does not kill, its victims
January 26, 2025 at 3:18 AM
Case 2: Borochov, v. Islamic Republic of Iran, et al., 24-277 asking: Whether the Foreign Sovereign Immunities Act's terrorism exception extends jurisdiction to claims arising from a foreign state's material support for a terrorist attack that injures or disables, but does not kill, its victims
Case 1: Fiehler v. Mecklenburg, et al., 23-1360 asking: Whether a court has the power to disregard evidence of the location of a water boundary from a federal survey based on subsequent evidence of the body of water's location.
January 26, 2025 at 3:18 AM
Case 1: Fiehler v. Mecklenburg, et al., 23-1360 asking: Whether a court has the power to disregard evidence of the location of a water boundary from a federal survey based on subsequent evidence of the body of water's location.
John Sauer has been nominated as the SG and is pending Senate confirmation. Sauer was recently missouri's SG and also successfully argued Trump's immunity case before the Supreme Court and involved in anti-transgender litigation.
January 26, 2025 at 3:18 AM
John Sauer has been nominated as the SG and is pending Senate confirmation. Sauer was recently missouri's SG and also successfully argued Trump's immunity case before the Supreme Court and involved in anti-transgender litigation.
📜 Art III §2 of Constitution gives SCOTUS original jurisdiction over state v. state disputes.
January 26, 2025 at 2:54 AM
📜 Art III §2 of Constitution gives SCOTUS original jurisdiction over state v. state disputes.
Question before SCOTUS in petition filed by Minnesota: Does Minnesota's 21+ permit requirement align with historical principles underlying 2A? Could affect similar age restrictions in 30+ other states. #GunControl #ConstitutionalLaw
January 24, 2025 at 1:51 AM
Question before SCOTUS in petition filed by Minnesota: Does Minnesota's 21+ permit requirement align with historical principles underlying 2A? Could affect similar age restrictions in 30+ other states. #GunControl #ConstitutionalLaw
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
In the 1st Circuit, all 5 active judges were appointed by democrats
January 24, 2025 at 1:33 AM
In the 1st Circuit, all 5 active judges were appointed by democrats
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).