Remove topics court-of-federal-claims
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A patent small claims court – what do you think?

Patently-O

The Administrative Conference of the United States (ACUS) is an independent federal agency that’s charged with recommending improvements to administrative process and procedure. ACUS is conducting a study on behalf of the USPTO to examine “issues associated with and options for designing a small claims patent court.”

Patent 111
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WIPO publishes Guide to Patent Case Management for Judges

The IPKat

Vision for the IP judiciary In addition to the full guide, available in PDF and in HTML, readers are able to create their own custom guide for any combination of jurisdictions and topics covered in the Guide, by clicking on the “Build custom guide” tab in the top banner or at this link.

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Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision

The IP Law Blog

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. The district court and the Second Circuit on appeal both said no, and the Rogers test was created. A recent case in the Ninth Circuit, Punchbowl Inc v.

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Only Humans are Inventive?

Patently-O

In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. In the case, Thaler claims to own a computer named DABUS, and that DABUS conceived-of two patentable inventions. But, Thaler refused to claim credit as the inventor. By Dennis Crouch.

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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently-O

In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. The case, Inline Plastics Corp. Lacerta Group, LLC , No. 2022-1954 (Fed.

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Making a Proper Determination of Obviousness

Patently-O

The updated guidance underscores that the factual inquiries set forth by the Supreme Court in Graham v. ” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.” John Deere.

Art 121
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U Mass v L’Oréal: Avoiding indefiniteness through claim construction

Patently-O

This opinion nominally addressing indefiniteness illustrates the power of de novo claim construction review at the Federal Circuit. UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin. University of Massachusetts, Carmel Laboratories, LLC v. L’Oréal, S.A.,