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Idaho’s Anti-Troll Law Takes Aim at Federal Court Complaints: Federal Circuit Punts on Preemption

https://patentlyo.com/patent/2025/12/federal-complaints-preemption.html

Patent – Patently-O 12/18/2025

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Element-by-Element: Federal Circuit Rejects Functional Equivalence in Car Seat War

https://patentlyo.com/patent/2025/12/element-functional-equivalence.html

Patent – Patently-O 12/17/2025

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How the Printed Matter Doctrine Sees Through X-Ray Markers

https://patentlyo.com/patent/2025/12/printed-doctrine-through.html

Patent – Patently-O 12/16/2025

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Lynk Labs: How the Least-Vetted Documents Destroy Issued Patents

https://patentlyo.com/patent/2025/12/documents-destroy-patents.html

Patent – Patently-O 12/15/2025

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Grounds for Reversal: Federal Circuit Finds KAHWA Registrable for Coffee Shops (even though the word means Coffee in Arabic)

https://patentlyo.com/patent/2025/12/grounds-reversal-registrable.html

Patent – Patently-O 12/10/2025

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Label-Plus Liability: The Government Warns the Federal Circuit Misread Hatch-Waxman

https://patentlyo.com/patent/2025/12/liability-government-federal.html

Patent – Patently-O 12/10/2025

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The Unreviewable Director: How § 314(d) Shields the USPTO’s IPR Denial Regime from Judicial Oversight

https://patentlyo.com/patent/2025/12/unreviewable-director-oversight.html

Patent – Patently-O 12/09/2025

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Verdict Deflated: Fed Circuit Punctures Coda’s $64M Win Over Goodyear

https://patentlyo.com/patent/2025/12/deflated-punctures-goodyear.html

Patent – Patently-O 12/08/2025

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Subject Matter Eligibility Declarations (SMEDs) to Overcome Eligibility Rejections

https://patentlyo.com/patent/2025/12/eligibility-declarations-rejections.html

Patent – Patently-O 12/05/2025

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The Mythic Source of USPTO Institution Discretion?

https://patentlyo.com/patent/2025/12/mythic-institution-discretion.html

Patent – Patently-O 12/04/2025

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Guest Post: The Supreme Court Should Clarify How to Apply Loper Bright in the Patent Law Case of Lynk Labs, Inc. v. Samsung Co. Ltd.

https://patentlyo.com/patent/2025/12/hsieh-lynk-loper.html

Patent – Patently-O 12/03/2025

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When Juries Don’t Matter: Written Description Effectively Becomes a Question of Law

https://patentlyo.com/patent/2025/12/description-effectively-question.html

Patent – Patently-O 12/02/2025

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So You’re Telling Me There’s a Chance: IPR Institution Rate Rises to 4%

https://patentlyo.com/patent/2025/12/telling-theres-institution.html

Patent – Patently-O 12/01/2025

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Objective Boundaries or Bust: CAFC Reaffirms Indefiniteness for the Best Metrics

https://patentlyo.com/patent/2025/11/objective-boundaries-indefiniteness.html

Patent – Patently-O 11/30/2025

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USPTO’s “Don’t Ask, Don’t Tell” Policy: The Quiet Death of Thaler and the Legal Fiction of Human Inventorship

https://patentlyo.com/patent/2025/11/usptos-fiction-inventorship.html

Patent – Patently-O 11/30/2025

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Happy Thanksgiving: CLE and a Tax Question

https://patentlyo.com/patent/2025/11/happy-thanksgiving-question.html

Patent – Patently-O 11/27/2025

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Can Money Talk? Latest IPR Mandamus Petitions Seek Workarounds to § 314(d) Bar

https://patentlyo.com/patent/2025/11/mandamus-petitions-workarounds.html

Patent – Patently-O 11/25/2025

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Should American Trademark Law Speak English

https://patentlyo.com/patent/2025/11/american-trademark-english.html

Patent – Patently-O 11/24/2025

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Time to Merge the Copyright Office with the USPTO

https://patentlyo.com/patent/2025/11/merge-copyright-office.html

Patent – Patently-O 11/24/2025

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0% Institution Rate Holds, but Shows Signs of Potential Rise

https://patentlyo.com/patent/2025/11/institution-holds-potential.html

Patent – Patently-O 11/23/2025

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Federalism on Trial: Idaho’s Attempt to Regulate Patent Litigation

https://patentlyo.com/patent/2025/11/federalism-regulate-litigation.html

Patent – Patently-O 11/20/2025

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Smartrend and the Stretching of Markman: When Specification Parsing Becomes a Question of Law

https://patentlyo.com/patent/2025/11/smartrend-stretching-specification.html

Patent – Patently-O 11/19/2025

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Lost Profits: Market Reconstruction and Noninfringing Substitutes

https://patentlyo.com/patent/2025/11/reconstruction-noninfringing-substitutes.html

Patent – Patently-O 11/18/2025

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Masimo v. Apple: Does “Patient Monitor” Cover Apple’s Consumer Wearable

https://patentlyo.com/patent/2025/11/patient-consumer-wearable.html

Patent – Patently-O 11/17/2025

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WALLSTREETBETS arrive at SCOTUS

https://patentlyo.com/patent/2025/11/wallstreetbets-arrive-scotus.html

Patent – Patently-O 11/17/2025

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