Patently-O

by Dennis Crouch On September 10, the Federal Circuit heard argument in ABC IP, LLC v. Peak Tactical, LLC, No. 26-1527, Rare Breed Triggers' appeal from the denial of a preliminary injunction against the "Disruptor," a $299 forced-reset trigger (FRT) for

by Dennis Crouch This is the second post on Versata Software, LLC v. Ford Motor Co. On September 10, 2026, the Federal Circuit issued a modified version of its May 22 opinion, changing a single substantive sentence. The holdings of the panel (Judge Hughes

by Dennis Crouch A new NBER working paper reports results of a controlled trial of AI assistance among practicing patent attorneys. Findings: Lawyers using the AI tool (Google's internal InFlow tool) drafted better applications; and the applications impro

by Dennis Crouch Time to make January plans. The IP CLE Conference returns to the Grand Hyatt Vail on January 6-9, 2027, and I will again be handling the patent case law review on Saturday morning. David Bernstein (Debevoise & Plimpton) and Scott Alter (M

by Dennis Crouch Viavi Solutions Inc. v. Platinum Optics Technology Inc. (PTOT), No. 2025-1362 (Fed. Cir. Sept. 8, 2026) (nonprecedential) Analogy is a key feature of judicial reasoning. Today's decision uses The Big Lebowski to make the point that discov

by Dennis Crouch The Federal Circuit will hear oral arguments in four patent appeals on Tuesday morning (Sept 8). McGinley v. Luv n' care (Nos. 24-2244, 25-1087, 25-1109) (a jury verdict on "generally flat," plus whether a technical advisor's fees are tax

by Dennis Crouch The U.S. Court of Appeals for the Federal Circuit has granted Google'sen banc rehearing in EcoFactor, Inc. …

by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup's holding in Sonos, Inc. v. …

by Dennis Crouch The U.S. Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on …

by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China …