Posts Tagged: anticipation


Federal Circuit reverses PTAB anticipation holding because not every element present in prior art

The PTAB held that anticipation can be found even when a prior art reference does not disclose each and every claim element as long as one of …
By Gene Quinn
7 days ago 8

CAFC sides with L.A. Biomedical Research over Eli Lilly in two IPRs challenging penile fibrosis patent

LAB sued Eli Lilly & Company, alleging marketing of the drug Cialis induced infringement of LAB’s patent. Eli Lilly subsequently requested that the Board conduct inter partes …

The broadest reasonable interpretation of a patent claim does not extend to a legally incorrect interpretation

In a December 22, 2016 decision, the Federal Circuit vacated a decision by the Patent Trial and Appeal Board (“The Board”) in two inter partes review (IPR) proceedings. The …

Hamilton Beach Brands v. Sunbeam Products: CAFC Says Manufacturer Supplying Innovator Creates a pre-AIA 102(b) Sale

The issue of interest in this case centered around whether there was a pre-AIA 102(b) on-sale bar. You might expect such issues not to be worthy of …
By Gene Quinn
4 years ago 4

Patentability Overview: When can an Invention be Patented?

Unfortunately, the patentability requirements are frequently misunderstood, including by the United States Supreme Court. For many who are not well versed in patent law one of the …
By Gene Quinn
5 years ago 4

CAFC Makes Murky Anticipation Ruling on Overlapped Process Ranges in ClearValue*

In the recently issued case of ClearValue, Inc. v. Pearl River Polymers, Inc., Judge Moore, writing for the Federal Circuit panel, distinguished the holding in the 2006 case …
By Eric Guttag
5 years ago 6

Jumping Down the Rabbit Hole: Federal Circuit Ducks the Patent-Eligibility Issue in King Pharmaceuticals

With an opportunity to render some order out of the Bilski chaos, the Federal Circuit instead completely ducked the patent-eligibility issue clearly presented in King Pharmaceuticals. The …
By Eric Guttag
7 years ago 10

Callaway Golf Loses Jury Verdict at the Federal Circuit

UPDATED: 8/15/09 @ 12:41pm – See: comment 1 In November 2008, the entered a permanent injunction in favor of Callaway at the conclusion of a patent infringement lawsuit in which Acushnet’s …
By Gene Quinn
8 years ago 8