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Supreme Court Patent Law Outlook 2022

Patently-O

For the first time since 2008, the Supreme Court’s October 2021 term will come to a close without any patent decisions. I have included a chart below, but should note that there is some debate around the edges about what constitutes a “patent decision.” by Dennis Crouch.

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Patent Law at the Supreme Court February 2022

Patently-O

The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. Dennis Crouch & Homayoon Rafatijo, Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion , 54 Akron Law Ref. 2022)(forthcoming).

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Belcher Pharmaceuticals, LLC v. Hospira, Inc. (Fed. Cir. 2021)

JD Supra Law

Imposition of liability under the equitable doctrine of inequitable conduct (as it has been variously defined) can result in a patent being held unenforceable; for this reason, former Chief Judge Rader called it the "atomic bomb of patent law" (see Aventis Pharma S.A. 2008) (Rader, J., Amphastar Pharms., dissenting)).

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).

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New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently-O

Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O Patent Law Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J. Pre-AIAPatents ).

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News express: China releases a 15-year blueprint on the development of intellectual property rights (2021–2035)

The IPKat

The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. Issued also by the State Council of China, ‘The Outline’ (2008) led intellectual property to rise to the level of national strategy, commencing a series of measures in the years that followed.