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How Are The USPTO’s Proposed Rule Changes For Terminal Disclaimers Problematic?: Let Me Count The Ways

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking (Notice) proposing changes to terminal disclaimer (TD) practice....more

Unpredictability In The Art: Amgen v. Sanofi In View Of “Simultaneous Conception And Reduction To Practice”

After reading the Supreme Court’s decision in Amgen v. Sanofi, I thought of the doctrine of simultaneous conception and reduction to practice, given both the decision’s and the doctrine’s focus on unpredictability in the art....more

When “Displaying” Is “Using” For Prior Public Use Under 35 U.S.C. 102(b)

Last week, in a non-precedential opinion for an appeal from a Patent and Trial Appeals Board (PTAB) decision (In re WinGen), the Federal Circuit addressed prior public use under pre-AIA 35 U.S.C. § 102(b). The issue was...more

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