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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 02/03/2026

I thought that there was some chance the court would hear its first AI/IP case. But it denied Thaler's petition following the Friday conference. scotusgate.com/case.php?num...

showing cert denied for the thaler case.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 01/03/2026

Two decades of USPTO data reveal a striking V-curve in patent allowance rates. From 71% in 2001 to a 59% low in 2006, then climbing back above 80% by 2020. What changed? patentlyo.com/patent/2026/02/the-20…

The 20-Year Allowance Rate Arc: From Trough to Peak and Back Again

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 01/03/2026

Federal Circuit continues to fortify its mandamus wall, denying five more IPR petitions. Settled expectations, assignor estoppel, and trial timing arguments all rejected. Read the l… patentlyo.com/patent/2026/02/five-p…

Five Petitions, Five Denials: The Federal Circuit’s Mandamus Wall Grows Higher

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 13/02/2025

For this chart I looked at US patent applications that received a "final rejection" in January 2024 and there status 1-year later in January 2025. About half have issued as patents. In negotiation frame: There is usually another offer after the final offer. patentlyo.com/patent/2025/...

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 13/02/2025

Prof Lefstin had argued the ITC's abstract idea rejection of PDC claims echoed the CCPA's long-abandoned "functional claiming" doctrine. His warning: American Axle risks unraveling decades of settled law allowing properties to define compositions. @uclawsf.bsky.social patentlyo.com/patent/2023/...

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 12/02/2025

The timing is particularly striking given President Trump's recent executive order pausing enforcement of the Foreign Corrupt Practices Act - suggesting a broader moment of flux in anti-corruption enforcement as a way to level an "uneven playing field for American firms."

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 12/02/2025

The case involved lavish gifts totaling more than $1 million - including gambling chips, private jets, and prostitutes - provided to then-Los Angeles City Councilman Jose Huizar while Billionaire Huang sought approval to build what would have been the tallest skyscraper west of the Mississippi.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 11/02/2025

The Key Analogy: Just as a sculptor creates art by choosing what to remove from a block of marble, Westlaw's editors create original work by selecting which parts of court opinions to highlight. OMG.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 10/02/2025

Wilson v. Corning presented novel Seventh Amendment questions about jury trials for hybrid legal-equitable claims. District courts need guidance on these recurring issues. Rule 36 leaves them in the dark.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 10/02/2025

In re Google shows even cases with top appellate counsel (Williams & Connolly) get summary affirmances. This was even a fun patent - claiming a method of finding "hot news"

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 10/02/2025

Lu v. Hyper Bicycles - a design patent case where defendant's CEO admitted designs were "based upon the drawings" in Lu's patents. Perfect opportunity to clarify evidence needed for summary judgment in design patent cases. Instead: silence from the Federal Circuit.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 10/02/2025

@design-law.bsky.social might like this case: Lu v. Hyper Bike - Federal Circuit just affirmed dismissal in R.36 judgment. But the district court’s opinion of non-infringement is notable for a lack of analysis of non-infringement.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 05/02/2025

Key impact falls on Supervisory Patent Examiners (SPEs) and PTAB judges - management positions outside union protection. All of those folks will be returning to the Office - as soon as this week. Space constraints though will mean a phased return.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 04/02/2025

USPTO Acting Director Stewart has so far remained silent except to announce full implementation of all White House orders and policies.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 04/02/2025

A joint IPO & AIPLA letter to Congress warns that these policies will hinder the USPTO’s ability to meet its mission. The return-to-office mandate for #PTAB judges, many of whom were hired under remote work policies, is particularly concerning - They will all be back in the office Feb 24.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 04/02/2025

I write: folks across the spectrum from right to left agree that current White House changemaking is following a brutalist approach that treats all federal employees and agencies as interchangeable parts rather than recognizing their unique roles, specialized expertise, and operational requirements.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 27/01/2025

Here is the offending tweet - question is whether Grecco waited too long to seek his copyright claim.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 26/01/2025

Case 4: Port of Tacoma, et al. v. Puget Soundkeeper Alliance, 24-350 asking: Whether Section 505 of the Clean Water Act authorizes citizens to invoke federal courts to enforce conditions of state-issued pollutant-discharge permits that mandate a greater scope of coverage than required by the CWA

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 26/01/2025

Case 3: FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al., 24-345 asking: Whether Section 47(b) of the Investment Company Act creates an implied private right of actio

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 26/01/2025

Case 2: Borochov, v. Islamic Republic of Iran, et al., 24-277 asking: Whether the Foreign Sovereign Immunities Act's terrorism exception extends jurisdiction to claims arising from a foreign state's material support for a terrorist attack that injures or disables, but does not kill, its victims

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 26/01/2025

Case 1: Fiehler v. Mecklenburg, et al., 23-1360 asking: Whether a court has the power to disregard evidence of the location of a water boundary from a federal survey based on subsequent evidence of the body of water's location.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 26/01/2025

John Sauer has been nominated as the SG and is pending Senate confirmation. Sauer was recently missouri's SG and also successfully argued Trump's immunity case before the Supreme Court and involved in anti-transgender litigation.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 26/01/2025

📜 Art III §2 of Constitution gives SCOTUS original jurisdiction over state v. state disputes.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 24/01/2025

Question before SCOTUS in petition filed by Minnesota: Does Minnesota's 21+ permit requirement align with historical principles underlying 2A? Could affect similar age restrictions in 30+ other states. #GunControl #ConstitutionalLaw

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 24/01/2025

Rahimi (2024) clarified Bruen: courts should focus on historical principles behind regulations, not simply search for exact historical matches. 8th Circuit may have misapplied this standard. #SCOTUS #Rahimi

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 24/01/2025

Another Second Amendment Petition to the Supreme Court. This one from Minnesota. The 8th Circuit ruled MN law barring <21 from getting a public carry permit violates the Second Amendment. Big implications for age restrictions on firearms nationwide. #SecondAmendment #GunLaws

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 24/01/2025

In the 1st Circuit, all 5 active judges were appointed by democrats

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 24/01/2025

Among the 8th Circuit Judges, 11 of the 12 were appointed by a republican president: 2 - George HW Bush 5 - George W Bush 1 - Barack Obama 4 - Donald Trump (This includes 1 active senior status judge).

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 23/01/2025

Interesting gap: Court failed to address whether patent owner's statement that it "has not and will not bring an infringement suit" can defeat standing. Could be important for future cases.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 23/01/2025

Standing was an issue in this case - court found sufficient risk of suit based on customer lawsuits & expert testimony, without addressing whether customer indemnity demands alone would suffice.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 23/01/2025

I call this chart Heartbeat of the USPTO. patentlyo.com/patent/2025/...

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 22/01/2025

The underlying facts of Pisner aren't fully clear from the certiorari docs, but case stems from disputes over trust administration & estate tax issues that were previously litigated in Maryland state courts before heading to federal system and subsequently precluded. #SCOTUS

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 22/01/2025

But, in Pisner's case the appellate court at least provided a 1 para explanation stating that "we have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s orders." The Federal Circuit's approach is worse because they provide no explanation.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 22/01/2025

New petition out of the 4th Cir relates to two pending certiorari petitions in patent cases focusing on the the Federal Circuit's Rule 36 practice of regularly issuing no-opinion affirmances. Parkervision; Island IP.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 22/01/2025

Pisner v. McCarthy 24-752 QP: Is there a minimum amount of explanation in an appellate opinion necessary to meet due process requirements, to verify that an appellate court actually treated the appeal as an of right appeal, and where lack of explanation would undermine post opinion procedures?

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 22/01/2025

11th Circuit affirmed, citing binding precedent that "parents who are not attorneys may not bring a pro se action on their child's behalf." Court acknowledged policy concerns but said its hands were tied by prior cases.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 22/01/2025

The general rule is in Federal Courts is that a human-person can either self represent (pro se) or be represented by a lawyer. But, certain folks must have legal representation - corporations and other non-human "people" as well as humans without the capacity to represent themselves.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 17/01/2025

Petitioners propose replacing Penn Central with a clearer (and more anti gov't) test focused on whether regulations deny owners a reasonable rate of return on their property. The gym's case also asks SCOTUS to clarify how temporary vs permanent takings should be analyzed.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 17/01/2025

Key Roadblock: The Penn Central test, SCOTUS's 1978 framework for analyzing regulatory takings. It looks at economic impact, investment expectations & government action. But petitioners argue courts have no idea how to actually apply the vague factors - creating a legal mess.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 17/01/2025

Two new #SCOTUS cert petitions challenge Michigan's COVID shutdowns as unconstitutional property takings. The cases - from a bowling alley, banquet halls & a gym - ask the Court to revamp its murky regulatory takings doctrine. @pacificlegal.bsky.social represents the petitioners.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 16/01/2025

Recognizing the problem, in 2023 the Court released a memo about the most common filing errors. But my review of 100 cases shows that those same errors continue. It seems like someone didn't get the memo, literally. It may also be that the Federal Circuit clerk simply has high standards.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 16/01/2025

I read a lot of court dockets. Federal Circuit dockets are unusual because of the very large number of Non-Compliance Notices. These days I am actually surprised when I see a docket without such a notice or a re-filed document. We're talking multi-million dollar cases by top appellate attorneys.

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 16/01/2025

I think the TikTok poll would change if asked today. www.linkedin.com/posts/patent...

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 14/01/2025

What's your newest fad? Here's mine: #ColdPlunge! A few uncomfortable minutes and then I get a day of focus and presence. Anyone else?

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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 14/01/2025

Federal Circuit's Lynk Labs ruling: published patent applications count as prior art from their filing date in IPRs. The court oddly says that the term "publication" is time agnostic. IMO the opinion has some major faults. #PatentLaw patentlyo.com/patent/2025/...

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