Posts Tagged: obviousness


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 …
2 days ago 0

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 …
8 days ago 0

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 …
9 days 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 …
22 days ago 1

The looming patent nightmare facing the pharmaceutical industry

During the last hearing of the House Judiciary Committee there was an attempt to insert language via amendment that would make it impossible for Kyle Bass and …
2 months ago 17

Rewriting Patent Law by Judicial Decision – A Conversation with Sherry Knowles

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 …
9 months ago 6

Is there an Anti-Patent Bias at the Federal Circuit?

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 …
10 months ago 30

SCOTUS: Public Enemy Number One for Patent Owners

The consequences of SCOTUS decisions are really severe. The U.S. is no longer a favorable jurisdiction for many biotech patents, medical devices and software. What that’…
11 months ago 37

The Destruction of a High Tech Economy

Simply stated, strong patent rights are an absolute prerequisite for a high tech economy.... With a steep and significant erosion of patent rights and a horribly uncompetitive …
12 months ago 76

Erosion of Patent Rights Will Harm US Economy

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. …
1 year ago 28

Federal Circuit Ignores Jury Finding of Non-Obviousness

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 …
1 year ago 14

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