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How does your state define “Intellectual Property”? Does it include passwords?
The Tenth Circuit recently reviewed a summary judgment by a district court on the scope of the term “intellectual property” in a contract governed by Colorado law. . Particularly, the dispute...
Flashback
The 717 Madison Place blog is celebrating its fifteenth anniversary this month. I think my favorite sound bite is still from the first post. Judge Michel (now retired) was the judge asking the qu...
Oral Argument of the Day: eBay v. MercExchange
Believe it or not, the twentieth anniversary of the Supreme Court decision in eBay v. MercExchange is quickly approaching — it will be twenty years in May of 2026. The oral argument in this cas...
Oral Argument of the Day: In re Stepan (2017)
The oral argument of the day is from In re Stepan. The appeal in this case dealt with whether one could assert that it is merely routine optimization to modify a single reference in a §103 rejec...
Primary reference/secondary reference
The Federal Circuit overruled the Rosen-reference test today with respect to design patents. The Rosen-reference test utilized a “primary” reference for obviousness analysis. In some oral arg...
Oral Arguments of the Federal Circuit’s Precedential IP Opinions of 2023 (Part I)
Opinion Link Oral Argument Link 1 DIONEX SOFTRON GMBH v. AGILENT TECHNOLOGIES, INC. Dionex Softron GmbH v. Agilent Technologies, Inc. (mp3) 2 In Re GOOGLE LLC In Re Google LLC 3...
Just kinda cool
I saw this invention mentioned in a news story today. Just thought it was kinda cool.
Happy 20th Birthday Patently-O
Congratulations to Patently-O on turning twenty years old today! Time flies.
Two years between oral argument and opinion in the Fourth Circuit
One thing I like about some of the circuits other than the Federal Circuit is that they print the date of oral argument on the published opinion. The Fourth Circuit is one such circuit. In Sony M...
Chevron deference
The Supreme Court of the United States heard oral argument today in two cases challenging the doctrine of Chevron deference. I queried back in May of 2023 what would be the impact on patent law i...