Posts Tagged: obviousness


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
1 year 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
1 year 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
2 years 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 …

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 …
By Gene Quinn
2 years 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 …
By Gene Quinn
2 years 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 …
By Gene Quinn
2 years 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’…
By Gene Quinn
2 years 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 …
By Gene Quinn
2 years 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. …
By Gene Quinn
2 years 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 …
By Gene Quinn
3 years ago 14