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Post-Grant Estoppel, Overturning Shaw: Uninstituted Claims and Grounds “Could Have [Been] Raised”
In the Central District of California, Caltech alleged that Broadcom and Apple infringed some of its patents on circuits having error...

Social Distancing: the Location, Location, Location of the Detroit Patent Office
As patent stakeholders here in Southeastern Michigan we must ask ourselves a very important question regarding our future and the Detroit...

Patent Appraisals - Apportionment and the Comparable Sales Method
Patent valuation is an important consideration for many stakeholders. As a patent professional, one is constantly looking for new ways...

Omni MedSci v. Apple: Royalty Theft—Preserving Employer Invention Rights
A recent US Court of Appeals case involving Michigan parties muddies the law on assignments and employer ownership rights. Omni MedSci v....

Details Matter -- §112, a less obvious obviousness standard
Many seasoned patent prosecution attorneys are well familiar with the standards of enablement under Section 112 and nonobviousness under...

Joining an Existing Inter Partes Review: Two Rolls of the Same Die
Do two half bites of the same apple equal a whole? This is possibly true if you join a post-grant proceeding at the Patent Office. It is...

The US Supreme Court & Intellectual Property Law
This year the US Supreme Court decided a litany of intellectual property cases. As to patents, the Supreme Court reviewed the Court of...

Avoiding Malpractice Traps, Lessons Learned from a Recent CAFC Decision
In a perfect world, every attorney would be totally serious about their practice.... acting only in good faith, being capable of...

US PTO v. NantKwest, “Expenses” Do NOT include Patent Office Salaries
In a paradoxically commonsensical appellate US Supreme Court case, the Court affirmed the en banc holding of the US Court of Appeals for...

A Deadbeat Patent Office... Has Institution Discretion Become an Excuse for Head Burying?
A recent case from the US Court of Appeals for the Federal Circuit tests the boundaries of Director discretion in deciding whether to...