The doctrine of obviousness-type double patenting ("OTDP") is one of the most complicated aspects of U.S. patent law. Recent Federal Circuit decisions have addressed specific OTDP issues, but tension between competing objectives of this judge-made doctrine leave many open questions. Current USPTO leadership has not proposed new rules that would change how the Examining Corps applies the doctrine, but ex parte decisions by the USPTO Patent Trial and Appeal Board (PTAB) seem to reflect a willingness to hold examiners to [...]

If you work anywhere near patent eligibility, the rhythm is familiar. Another year, another reform drumbeat. Draft language circulates on the Hill. Industry groups publish letters. Academics and the familiar faces hit the refrain. Pundits predict either an innovation renaissance or a patent apocalypse – or, if you consider me a pundit, a prediction that nothing will change. Day to day, though, Section 101 still looks a lot like it has since Alice. Courts ask [...]

Smartrend Manufacturing Group (SMG), Inc. sued Opti-Luxx Inc. for infringing two patents related to illuminated school bus signs: U.S. Design Patent No. D932,930 (the D930 patent) and U.S. Patent No. 11,348,491 (the '491 patent). The jury found Opti-Luxx infringed both patents. Regarding the D930 patent, the Federal Circuit determined that the district court erred in its interpretation of the term "transparency," which was construed to mean both "transparent" and "translucent." The Court reasoned that [...]