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by Dennis Crouch
In 2008, I published a short empirical study showing that U.S. patents were growing in every dimension. Specifications were getting longer and claims were getting more numerous, and the two trends moved together. The story was simple: patents were getting bigger.
Nearly two decades later, the picture has split in two. My new article,
by Dennis Crouch
It seems a bit crazy to me that almost every patent case involves a process of claim construction. Those claims were already drafted by skilled patent attorneys and survived a rigorous examination process designed to wring-out any uncertainty or ambiguity. But, I calm down a bit when I look at court interpretation of other texts.&...
by Dennis Crouch
This past week, seven amicus briefs were filed in support of Google's petition challenging the "Settled Expectations" doctrine that emerged from the mist in 2025 as the leading cause of death of IPR petitions. The petition asks two questions:
by Dennis Crouch
I've been waiting to write about the impact of the major fee changes that the USPTO implemented just before President Trump took office in January 2025. This first cut looks at applicant citations to prior art in their information disclosure statements. What the chart below shows is that the number of references applicants are submitting has droppe...
The Federal Circuit has wiped out a $452 million trade secret verdict on statute of limitations grounds, holding that Insulet Corporation knew or should have known enough to sue its competitor more than three years before it filed suit.