Posts Tagged: obviousness


PTAB’s Factual Findings Were Sufficient, Standard Was Improper

The Court noted that decisions related to compliance with the Board’s procedures are reviewed for abuse of discretion. As far as the “reasonable expectation of success” …

Federal Circuit Affirms Obviousness Based on Evidence from Reexamination

The Court affirmed the obviousness rejection, noting that even under the proper claim construction, substantial evidence supported the Board’s factual findings underlying its obviousness determination. The …

Appending Conventional Steps to Abstract Idea an Insufficient Inventive Concept

The Court held that dealing “physical playing cards” did not constitute patent eligible territory. This constituted a “purely conventional” activity, like the conventional computer implementation that fell …

Bass, Spangenberg IPR of Juxtapid gets instituted by PTAB

Kyle Bass and Erich Spangenberg (Coalition for Affordable Drugs) won two more victories at the Patent Trial and Appeal Board (PTAB). This time Bass and Spangenberg obtained …
By Gene Quinn
3 months ago 3

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn
4 months ago 2

CAFC: Obvious even if it meant foregoing benefits of prior art

The Court affirmed the obviousness rejection. “As the Board properly found, one of ordinary skill would have been motivated to pursue the desirable properties taught by Wong […

Timely filed supplemental information does not need to be considered by PTAB in IPR

The PTAB refused entry of the supplemental information because Redline did nothing to justify submitting it after filing the initial IPR petition and even after the institution …
By Gene Quinn
6 months ago 0

CAFC Finds Substantially Pure Isomer Obvious From Prior Art 50/50 Mixture

The issue on appeal was whether a mixture comprising at least 92% of the (6S) isomer of leucovorin would have been obvious when both the 50/50 mixture of isomers …

Understanding Obviousness: John Deere and the Basics

The legal determination about whether an invention is obvious seems completely subjective and sometimes even arbitrary. In some technology areas nothing ever seems to be obvious, in …
By Gene Quinn
9 months ago 22

Whether Person of Ordinary Skill Would Add Vent to Disinfecting Cap is Genuine Dispute

The Federal Circuit disagreed, holding that “record evidence establishe[d] a genuine dispute over whether a person of ordinary skill would have been motivated to add a …

Teaching Away Insufficient to Overcome Motivation to Combine References

While Dome’s argument against obviousness based on Tanaka teaching away was plausible, it was not sufficient to overcome the district court’s factual findings that a …

With dubious logic and inaccurate statements of law, PTAB denies another Kyle Bass IPR petition

The PTAB said that the full pilot study had not been made of record, which apparently also meant to the Board that the available description of the …
By Gene Quinn
10 months ago 1

CAFC overturns jury verdict, patent obvious because prior art would yield a predictable result

Applying KSR, the Federal Circuit concluded that combining elements from the cited prior art would have yielded a predictable result, namely the system fan would activate periodically …

PTAB refuses Volkswagen IPR petition against Marathon patent

In siding with the patent owner the PTAB explained that the petitioner insufficiently made a case that the claimed invention was obvious. A proper obviousness argument must …
By Gene Quinn
10 months ago 2

Federal Circuit Affirms ‘Teaching Away’ and ‘Unexpected Results’ that Support Non-obviousness

The Federal Circuit affirmed. The asserted claims were not obvious because, although the claimed amounts (0.01% bimatoprost and 200 ppm BAK) fell within the range disclosed in the prior …