Patent


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The Landscape of Modern Patent Appeals

By Jason Rantanen For the past few years, I’ve been working on a project with the working title “the Federal Circuit Database Project.”  The goal of this project is to develop an accurate, reliable and…


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The Administrative-Private Law Interface in IP

Important upcoming event at Harvard Law School March 29 on The Administrative-Private Law Interface in IP.  Event Begins at 9:15 EST with four panels and keynote remarks from both Dave Kappos and James Smith. Topics  Do…


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The Political Economy of Hatch-Waxman

My colleague, Professor Erika Lietzan (Missouri) has released a really interesting and thorough article walking through the history of the Hatch-Waxman legislation process beginning with some proposals in the 1970s through its passage in 1984. …



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Welcome to Iowa Law’s New Dean, Kevin Washburn

By Jason Rantanen It’s an exciting time for Iowa Law–we have some phenomenal junior faculty members who joined us this past fall and, as of Tuesday, we have a new dean.  Kevin Washburn, Regents Professor…




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Means-Plus-Function and Attorney Fees

by Dennis Crouch Sarif Biomed v. Brainlab (Fed. Cir. 2018) [SarifBiomed] Sarif’s patent is directed to a “computer-assisted microsurgery installation” couples position sensors with images to place the location of a tool within a fixed…


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Consolidating Briefs and Word Limits

Indivior v. Dr. Reddy’s (Fed. Cir. 2018) [DrReddysOrder] This “case” is actually a consolidation of 14 filed-appeals that collectively stem from six different district court cases involving three sets of appellants.  In his consolidation order,…



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Hrdy: A Response to ‘Innovation Kills Jobs’

Last week I posted a discussion of Prof. Hrdy’s intriguing new article on Technological Un/employment.  Prof. Hrdy has now provided a short response that basically explains how I took a portion of her article (automation…


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Blogs: The Newest Form of Communication

Although the point of the new ABA Formal Ethics Opinion is important–“don’t reveal information relating to the representation”–its first paragraph appears at least a decade behind.  The article begins: Lawyers comment on legal topics in…



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Examples of Linguistic (In)definiteness

After reading his recent law review note on indefiniteness, I asked Michigan Law student Gary Fox to apply his framework to the new Federal Circuit decision of Capital Security Systems, Inc. v. NCR Corp. – DC…





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Eligible: Method of Measuring Body Temperature

by Dennis Crouch Exergen Corp. v. Kaz USA (Fed. Cir. 2018) Following trial, a jury sided with the patentee Exergen – finding the asserted body thermometer claims infringed and not-invalid.  Post trial, the District Court…


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Dismissed with Prejudice

Ottah v. Fiat (Fed. Cir. 2018) On appeal, the Federal Circuit has affirmed the lower court’s dismissal of Chikezie Ottah’s infringement claim against Fiat, Toyota, Nissan, GM, Ford, and other auto manufacturers — holding it…