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IP Alert: Are Terminal Disclaimers Destined for Termination?

July 17, 2024 Applicant-submitted terminal disclaimers tie similar co-owned patents to a common expiration date and typically serve to ensure that a later-filed continuation application lives no longer than its parent. The...more

IP Alert: USPTO Issues Guidance for Examining Means-Plus-Function and Step-Plus-Function Claim Limitations

On March 18, the USPTO issued a guidance document on how to examine claims that recite functional limitations without necessarily using the term “means” under 35 U.S.C. § 112. The guidance document aims to improve clarity,...more

Too Much Delay Causes Loss of Patent Rights – Redux

On August 5, in Personalized Media Communications v. Apple, the U.S. District Court for the Eastern District of Texas invalidated patents asserted by Personalized Media Communications (“PMC”) for reasons that resonate...more

Patent Applicants May Lose Rights by Causing Too Much Delay

On June 1, in Hyatt vs Hirshfeld, the Federal Circuit upheld the USPTO’s decision to reject a patent application for prosecution laches, based on delay by the applicant. The decision details behaviors that, while likely...more

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