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Category: Patent

Intellectual Property News / paid / Patent

In re SAP America: Sharpening the Dispute over PTAB Discretionary Denials

by Dennis Crouch
The Federal Circuit continues to grapple with fundamental questions surrounding the USPTO’s broad discretionary authority to deny Inter Partes Review (IPR) petitions.  Both implementation issues by former Director Vidal as well as the …

Intellectual Property News / paid / Patent

In re SAP America: Sharpening the Dispute over PTAB Discretionary Denials

by Dennis Crouch
The Federal Circuit continues to grapple with fundamental questions surrounding the USPTO’s broad discretionary authority to deny Inter Partes Review (IPR) petitions.  Both implementation issues by former Director Vidal as well as the …

Intellectual Property News / paid / Patent

Thinking back on Milburn and Secret/Springing Prior Art

by Dennis Crouch
In Alexander Milburn Co. v. Davis-Bournonville Co., 270 U.S. 390 (1926) [46_S.Ct._324], the Supreme Court established what has expanded into foundational patent law principle: all disclosures in an issued patent (whether claimed or unc…

Intellectual Property News / paid / Patent

Thinking back on Milburn and Secret/Springing Prior Art

by Dennis Crouch
In Alexander Milburn Co. v. Davis-Bournonville Co., 270 U.S. 390 (1926) [46_S.Ct._324], the Supreme Court established what has expanded into foundational patent law principle: all disclosures in an issued patent (whether claimed or unc…

Intellectual Property News / paid / Patent

The Narrow Semantic Line on AAPA: Federal Circuit’s Latest Take in Shockwave

by Dennis Crouch
The Federal Circuit’s decision in Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., No. 2023-1864 (Fed. Cir. July 14, 2025) makes good on the court’s overly-semantic approach to defining the “basis” of inter partes review procee…

Intellectual Property News / paid / Patent

The Narrow Semantic Line on AAPA: Federal Circuit’s Latest Take in Shockwave

by Dennis Crouch
The Federal Circuit’s decision in Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., No. 2023-1864 (Fed. Cir. July 14, 2025) makes good on the court’s overly-semantic approach to defining the “basis” of inter partes review procee…

Intellectual Property News / paid / Patent

Timing is Everything: PTAB’s Renewed Reliance on Litigation Timelines and Patent Longevity

by Dennis Crouch
In 2025, the USPTO’s Acting Director Coke Morgan Stewart began implementing a new bifurcated and expanded process for PTAB trial institution decisions — with a particularly enhanced focus on discretionary denials before a PTAB panel e…

Intellectual Property News / paid / Patent

En Banc Ineligibility Petition in Longitude Licensing v. Google

by Dennis Crouch
Before digging into this en banc petition, I just wanted to note that patent eligibility issues have been almost shockingly quiet over the past six months.  But, to me it feels something like a powder keg waiting to explode. While Acti…

Intellectual Property News / paid / Patent

En Banc Ineligibility Petition in Longitude Licensing v. Google

by Dennis Crouch
Before digging into this en banc petition, I just wanted to note that patent eligibility issues have been almost shockingly quiet over the past six months.  But, to me it feels something like a powder keg waiting to explode. While Acti…

Intellectual Property News / paid / Patent

Federal Circuit Wrestles with Prosecution Laches in Sonos v. Google

In 2020, Sonos sued Google in the N.D. of California, asserting two “zone scenes”  wireless speaker patents (US 10,848,885 and 10,469,966) that allow for overlapping groups of speakers. A jury found Google liable and awarded $30 million in damages. In …

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