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Posts Tagged: obvious


KNOWLES We are seeing a strong anti-innovation sentiment in the U S not just on the issue of obviousness but also on patent eligibility We re seeing a rewriting of patent law through judicial decisions which have draconian effect…

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The label anti-patent is not meant as a criticism or insult Instead I mean it is a purely descriptive way that recognizes a distinct and very real viewpoint one that we have seen periodically throughout history but which is…

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Without any legitimate statutory precedent or authority the Supreme Court is wrecking the U S economy just as sure as snow is white and water is wet Unfortunately a terribly divided Federal Circuit is causing their own brand of…

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This is just another example of the Federal Circuit substituting its own decision for that of the decision maker at the district court level It is one thing when the Federal Circuit ignores the factual findings of a district…

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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 which is one of the biggest problems with the law of obviousness…

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It is absolutely critical to understand that a reference such as an issued patent or published patent application does not need to be identical to an invention in order for the reference to qualify as prior art A reference…

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Seth Waxman of Wilmer Cutler Pickering Hale and Dorr a former Solicitor General and Soverain s lead attorney says Newegg is taking this case seriously and so should the Supreme Court Newegg s attempt to reargue the facts only…

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The absolute truth known to everyone in the innovation community is that pioneering innovations become commonplace What was revolutionary at the time the invention was made becomes taken from granted In hindsight pioneering innovations look insignificant because they have…

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Earlier today the United States Court of Appeals for the Federal Circuit issued it latest decision in Soverain Software LLC v Newegg Inc Fed Cir September This latest decision was necessitated by the limited grant of rehearing ordered on…

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Logically if the application does not describe an invention in terms that allows one skilled in the art to make and use it then the Patent Office should not have sufficient information to suggest that the application is not…

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In contrast to the Federal Circuit s decisions in the context of pharmaceutical litigation its decisions with respect to appeals from the Board were much less favorable to those seeking patent protection This is likely the result of the…

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A few trends were readily apparent in First pharmaceutical patent holders in litigation fared well in a series of cases the Federal Circuit rejected obviousness attacks in pharmaceutical patent challenges on appeal from the district courts Second patent holders…

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