“Code Breaker” is an excellent read. The author makes the science accessible (& does a decent job on the patent aspects), but he really shines in telling the stories of the people involved—colleagues and competitors. Their interactions are not always pretty, but quite fascinating

SCOTUS Minerva on estoppel. Says employee signing assignment. agreement makes no implicit representation of invention's patentability ("validity") and therefore no estoppel. What if employee fills out an invention disclosure form describing "invention"?

Revising Chisum on Patents: a continuous rolling project: Recently completed: Rel. 179 (Ch. 2 inventorship and Ch. 7 (enablement, written description); Rel. 180 (Ch. 8 (claims). Underway: Ch. 5 (obviousness). A Ch.1 revision (eligible subject matter) every year (sad).

In working on Ch. 5 revision, I notice considerable panel tension on what triggers a presumption of nexus between a commercially successful product and a patent claim. Compare Fox Factory (944 F.3d 1366) and WBIP (829 F.3d 1317).

Going through SCOTUS Minerva (assignor estoppel), preparing inserts for Supreme Court Guide topical outline, which is my standard procedure. More entries than any case I can remember!!!! For topics, see next tweet.

Opinions in Minerva refer to: inequitable conduct, inventor’s oath, continuation applications, patents as personal property, validity as a “factual and legal inquiry”, misuse, equitable estoppel, practicing the prior art, res judicata, law of case, claim construction, assignments

Roberts in Arthrex: “At this stage," i.e. on appeal from an IPR decision, "the Director can intervene before the court to defend or disavow the Board’s decision. §143.” 143 does not use "defend" or "disavow." Comments? Some cases: Director requests remand.

How do the labels on #generic drugs create potential #patent infringement liability for their manufacturers? Get up to speed fast with the latest digital updates to the "Mueller on Patent Law" treatise, available only in the Fastcase bookstore: buff.ly/3jBYMek

Golf fans: Enjoy the Ryder Cup. Many patents relate to golf balls and equipment. chisum-patent-academy.com/wp-content/upl…

Fourth? West has cycled up to F.4th. Lower volume numbers look odd. e.g. In re Samsung Electronics Co., Ltd., 2 F.4th 1371 (Fed. Cir. 2021)

Pioneer Inventions

In re Elster 2/24/22 #FedCir reverses TTAB & permits registration of TRUMP TOO SMALL for t-shirts. TTAB's application of Lanham 2(c) to bar ® unconstitutionally restricts free speech. Elster's right to criticize public officials "trumps" any privacy or publicity interest here.

Old cases: I occasionally hear comments about “old” cases not counting. Not true! especially in patent law and Federal Circuit precedent. Example: Caltech (2022) overturned $1 billion jury verdict based on flawed “two-tier” damage theory. Key authorities: 1983 and 2006 cases.

Digging into the Nippon Shinyaku case (Feb. 8, 2022) on forum selection clause (only Delaware!) precluding inter partes review petition in PTO. Petitioner seeking en banc review. Will the Federal Circuit grant it?

Donald S. Chisum's latest article, "Fifty Years of Patent Law: The Top Ten Developments," is here: chisum-patent-academy.com/wp-content/upl…

NEW: After a rare Federal Circuit reversal on rehearing caused by a judge's retirement, the new panel and full Federal Circuit today denied Novartis's request for another redo. news.bloomberglaw.com/ip-law/novarti…

Judge Pauline Newman of the #FedCir is a national treasure. She has championed innovation policy for 50+ years. For anyone who doubts her acuity, simply read her recent dissent in SAS Inst. and listen to her impromptu remarks at Fordham last Friday (vimeo.com/817805845/c1c1…).

Live small group "natural intelligence' seminar on patent law. Join us!! chisum-patent-academy.com/patent-law-sem…

Pleased to announce that the 7th edition of my single-volume #patent law hornbook is now available from Aspen Publishing, in print or e-book formats: aspenpublishing.com/products/muell… Detailed Table of Contents: assets.ctfassets.net/exvcr1lfm0et/1…