Posts Tagged: ksr


When is an Invention Obvious?

That being said, the possibility that a utility patent could be obtained cannot be definitively ruled out even if an invention seems quite likely to be obvious, …
2 years ago 35

CAFC 2012 on the Obviousness of Chemical Innovations, Part II

In contrast to the Federal Circuit’s 2012 decisions in the context of pharmaceutical litigation, its decisions with respect to appeals from the Board were much less favorable …
3 years ago 0

Predicting Patentability in the Unpredictable Arts: A Look Back at the Federal Circuit’s 2012 Decisions on the Obviousness of Chemical Innovations

A few trends were readily apparent in 2012. First, pharmaceutical patent holders in litigation fared well – in a series of cases, the Federal Circuit rejected obviousness attacks in …
3 years ago 0

Obviousness When All Elements Not Present in Prior Art?

The Tokai and Ritchie rationale seems to have never been cited by any other panels of the Court. While this may be due to many reasons, the …
3 years ago 3

Petition for Rehearing en banc filed in Plasmart v. Kappos

This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …
3 years ago 2

5th Anniversary KSR: Is Section 103 Unconstitutional?

This is a good time to review the implications of this case, but an even better time to look into the origins and constitutionality of the Non-obviousness …
3 years ago 126

KSR the 5th Anniversary: One Supremely Obvious Mess

On Monday, April 30, 2007, the United States Supreme Court issued its final decision in the matter of KSR v. Teleflex, which overruled the Federal Circuit's application of the …
3 years ago 9

Is Your Patent Portfolio Safe from the Supreme Court?

The Prometheus decision shows that you can never know for sure what the outcome will be once you arrive at the Supreme Court. We also know that …
3 years ago 5

The Law of Recipes: Are Recipes Patentable?

In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
4 years ago 16

Chief Judge Rader Says KSR Didn’t Change Anything, I Disagree

Upon hearing Rader make such a bold statement the first thought that ran through my mind was — Really? Did he just say that? I have heard from …
4 years ago 60

KSR Fears Realized: CAFC Off the Obviousness Deep End

Yesterday the United States Court of Appeals for the Federal Circuit, in a split decision with Judge Lourie writing and Judge Bryson joining, took a step forward …
5 years ago 98

Just Common Sense: U.S. Supreme Court is Anti-Innovation

If you are anti-patent then you are anti-innovation because those who innovate are not the behemoths of industry, but rather start-up companies that absolutely require patents in …
5 years ago 127