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Top patentlyo.com News

Music · United States

Supreme Court to Hear Cox Appeal in $1 Billion Music Piracy Case

80% Left coverage: 5 sources

The US Supreme Court agreed to consider shielding Cox Communications Inc. from a $1 billion lawsuit by the music industry, in a case that could give internet providers new legal protections when users pirate copyrighted works.See the Story

United States · United States

PTAB's New "Settled Expectations" Doctrine

by Dennis Crouch Acting Director Coke Morgan Stewart has been incredibly active in reshaping the PTAB's approach to IPR discretionary denials. This post focuses on her newly implemented "settled expectations" doctrine that treats patent age as a primary factor for denying institution. This new framework was formalized in the March 26, 2025 "Interim Process for PTAB Workload Management" memorandum and subsequently applied in a series of Director…Read Article

United States · United States

SAP’s Mandamus Petition Challenging Trump Admin's Discretionary Denial Policy Shift

by Dennis Crouch This post digs into the pending mandamus action In re SAP. In the case, SAP raises a constitutional challenge to Director Stewart's aggressive discretionary denial approach -- as a violation of both due process and separation of powers. IPR2024-01495 Decision Denying Institution IPR2024-01495, -01496 Director Review Decision SAP - Mandamus Petition The IPR statute provides the USPTO Director virtually unreviewable authority to…Read Article

USPTO Implements Penalty System for False Small/Micro Entity Status Claims

by Dennis Crouch The USPTO has begun implementing a comprehensive enforcement system for false assertions of small entity and micro …Alexandria, VA · Alexandria See the Story

Label-Plus Infringement: The Tinderbox Theory of Generic Inducement

by Dennis Crouch The Supreme Court recently issued a Call for the Views of the Solicitor General (CVSG) in the “skinny label” inducement case, Hikma v. Amarin. I expect the CVSG brief will be filed in late fall by the Trump-appointed Solicitor General (currently D. John Sauer). Behind the scenes lobbying will be ongoing between the Republican populists (seeking lower drug prices) and more traditional Republicans (promoting innovator businesse…Department of Justice · United States See the Story

Eye Therapies v. Slayback: Federal Circuit Abandons Standard Transition Construction

by Dennis Crouch Eye Therapies v. Slayback offers a concerning example of the Federal Circuit departing from well-established patent claim construction doctrine. In this case, the court abandoned the standard interpretation of the transitional phrase "consisting essentially of" after finding that the patentee's prosecution statements created sufficient grounds to narrow claim scope. As I explain below, in my opinion, this result conflicts with …Read Article

Hedging on Claim Construction: USPTO Says Keep It to One IPR Petition

by Dennis Crouch In an “informative” decision addressing the limits of multiple IPR petitions, Acting USPTO Director Coke Morgan Stewart granted Director Review and vacated the PTAB’s institution of two IPR proceedings challenging the same patent claims. CrowdStrike, Inc. v. GoSecure, Inc., IPR2025-00068, IPR2025-00070 (USPTO June 25, 2025). The Director found that the Board abused its discretion by allowing CrowdStrike to pursue two separate IP…Falls Church · Falls Church Read Article

U.S. Government: NPEs Deserve Injunctive Relief when their Patents Are Infringed

by Dennis Crouch I learned of this significant development from Michael Shapiro's Bloomberg article reporting that the U.S. government took the unusual step of filing a statement of interest in a district court patent case, urging consideration of preliminary injunctive relief for a non-practicing entity (NPE). Radian Memory Systems LLC v. Samsung Electronics Co., No. 2:24-cv-1073 (E.D. Tex. 2025). The June 24, 2025 filing represents a notable i…Texas, United States · Texas Read Article

Seeds of Doubt: Sexual Reproduction and Territorial Limits in Plant Patent Law

by Dennis Crouch Driscoll’s, Inc. v. Cal. Berry Cultivars, LLC, No. 2:19-cv-00493-TLN-CKD, slip op. (E.D. Cal. Apr. 7, 2025) (summary judgment of no infringement). Driscoll’s, Inc. v. Cal. Berry Cultivars, LLC, No. 2025-1747 (Fed. Cir. June 23, 2025) (order dismissing appeal for lack of jurisdiction). Driscoll's operates as the world's largest berry company, controlling about one-third of the $6 billion U.S. berry market. For the most part, ho…Davis, California · Davis Read Article

Prosecution Laches from Woodbridge to Sonos: A 170-Year Continuation?

By Dennis Crouch, I did a double-take earlier this week as I read the 1923 Supreme Court case of Woodbridge v. U.S., 263 U.S. 50, 44 S.Ct. 45. Although the case was decided after WWI, the facts center on a cannon projectile patent originally filed in 1852 – well before the U.S. Civil War. The 70 year saga involved the inventor’s prolonged quest for a patent (and later for compensation). The Supreme Court’s ultimate decision, delivered by the fo…Woodbridge, Virginia · Woodbridge Read Article

Article III, the PTAB, and Expired Patents: Constitutional Analysis After Oil States

by Dennis Crouch The Supreme Court is being asked to decide whether the PTAB can invalidate expired patents through inter partes review, in a case that could limit the reach of the landmark Oil States decision that found IPRs constitutionally permissive. In Apple Inc. v. Gesture Technology Partners, the Federal Circuit ruled that PTAB retains jurisdiction over expired patents, but the patentee argues in its petition that once patents expire, the…United States · United States Read Article

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Top patentlyo.com News

Supreme Court to Hear Cox Appeal in $1 Billion Music Piracy Case

PTAB's New "Settled Expectations" Doctrine

SAP’s Mandamus Petition Challenging Trump Admin's Discretionary Denial Policy Shift

USPTO Implements Penalty System for False Small/Micro Entity Status Claims

Label-Plus Infringement: The Tinderbox Theory of Generic Inducement

Eye Therapies v. Slayback: Federal Circuit Abandons Standard Transition Construction

Hedging on Claim Construction: USPTO Says Keep It to One IPR Petition

U.S. Government: NPEs Deserve Injunctive Relief when their Patents Are Infringed

Seeds of Doubt: Sexual Reproduction and Territorial Limits in Plant Patent Law

Prosecution Laches from Woodbridge to Sonos: A 170-Year Continuation?

Article III, the PTAB, and Expired Patents: Constitutional Analysis After Oil States

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