Posts Tagged: obviousness


Federal Circuit vacates PTAB decision for failure to explain reason claims were invalid

Unlike the Board’s anticipation determinations, which contravened the only permissible findings that could be drawn from the prior art under the proper constructions of the relevant …

PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success

The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …

SSH Communications Enters Cross-License Agreement with Sony After Losing Patents at PTAB

On Monday, February 5th, Finnish enterprise cybersecurity solutions firm SSH Communications Security announced that it had entered into a patent cross-license and settlement agreement with Japanese electronics …
By Steve Brachmann
11 days ago 4

CAFC says PTO Reexamination Should Not Preclude Validity Challenges at District Court

Along with the willfulness finding, the Federal Circuit also overturned findings of no invalidity on a patent that had already survived multiple reexaminations at the U.S. …
By Steve Brachmann
24 days ago 10

Federal Circuit Remands PTAB Decision to Uphold Patent Claims Challenged By Nintendo

While the recent decision did uphold the PTAB’s finding of validity of some claims, the Federal Circuit reversed and remanded part of the decision in a …
By Steve Brachmann
1 month ago 0

Analyzing obviousness and anticipation challenges to claims directed to an isolated component of a prior art mixture

Based on the governing Federal Circuit case law, where the patent claim at issue is directed to a specific component (such as a specific enantiomer) of a …
By Theodore Chiacchio
1 month ago 1

Patent Marking Burden of Production on Alleged Infringer, Burden of Persuasion on Patentee

In Arctic Cat Inc. v. Bombardier Rec. Prods., after unsuccessfully defending a patent infringement lawsuit, Bombardier Recreational Products, Inc. (“BRP”) appealed the district court’s denial of …

FatPipe heralds mixed claim finding at PTAB which leaves “signature claim” intact

On November 1st, a panel of administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a final written decision which found that 11 claims …
By Steve Brachmann
3 months ago 4

Federal Circuit: Less Preferred Alternative is not Teaching Away

In an obviousness inquiry, material prior art references disclosing combinations of claimed limitations cannot be disregarded based on a drug product’s commercial viability or FDA approval. …

BRI and how it increases an obviousness determination

Owens Corning v. Fast Felt (Fed. Cir. 2017) illustrates an example of how the broadest reasonable interpretation (BRI) standard increases the chances that an obviousness argument could successfully …
By James Yang
4 months ago 1

Merck Process for Stabilizing Antibiotic Compound Invalid as Obvious

The District of Delaware found that one of two patents asserted by Merck was not invalid and infringed, and the other patent, while infringed, was invalid as …

The Broad Institute files brief with CAFC answering U of California’s appeal in CRISPR-Cas9 patent interference

On Wednesday, October 25th, the Cambridge, MA-based medical research center The Broad Institute filed a brief with the Court of Appeals for the Federal Circuit in response …
By Steve Brachmann
4 months ago 1

Inherency Rejections: Combating Inherent Obviousness

An inherency rejection, whether it be inherent anticipation or inherent obviousness, can be extremely difficult to overcome. Indeed, at many times it seems there is a great …
By Gene Quinn
4 months ago 2

PTAB Invalidation Affected by Random Errors, Legal Uncertainties and Judicial Bias

The PTAB invalidation procedure violates due process because it drags patent owners into endless assaults by patent infringers and patent thieves. Due process requires compliance with standard …
By Jianqing Wu, Ph.D.
4 months ago 14

PTAB Erred Finding Claims Nonobvious in IPR, Federal Circuit Reverses Without Remand

In Owens Corning v. Fast Felt Corp, Fast Felt sued Owens Corning for infringement, and Owens Corning filed a petition with the PTO seeking inter partes review …