Posts Tagged: obviousness

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
2 years 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, …
By Gene Quinn
3 years ago 35

I Can’t Find Prior Art for My Invention

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 …
By Gene Quinn
3 years ago 12

Newegg Opposes Soverain’s Petition for Certiorari

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 …
By Press Releases
3 years ago 0

Soverainv. Newegg: Not an Ordinary Obviousness Dispute

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 …
By Gene Quinn
3 years ago 24

Is Soverain Software v. Newegg Supreme Court Bound?

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 4, 2013). This …
By Gene Quinn
3 years ago 5

Patent Prosecution: 35 U.S.C. § 112(a) Must Be Raised Before a § 102 or § 103

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 …
By Dale B. Halling
4 years ago 20

CAFC 2012 on the Obviousness of Chemical Innovations, Part II

In contrast to the Federal Circuit’s 2012 decisions in the context of pharmaceutical litigation, its decisions with respect to appeals from the Board were much less favorable …

Predicting Patentability in the Unpredictable Arts: A Look Back at the Federal Circuit’s 2012 Decisions on the Obviousness of Chemical Innovations

A few trends were readily apparent in 2012. First, pharmaceutical patent holders in litigation fared well – in a series of cases, the Federal Circuit rejected obviousness attacks in …

Obviousness When All Elements Not Present in Prior Art?

The Tokai and Ritchie rationale seems to have never been cited by any other panels of the Court. While this may be due to many reasons, the …
By Gene Quinn
4 years ago 3

How Much Deference Should the CAFC Give the USPTO?

A factual determination of the Board is to be upheld if there is substantial evidence to support it, In re Gartside, 203 F.3d 1305, 1315 (Fed. Cir. 2000), and a …
By Gene Quinn
4 years ago 7

Petition for Rehearing en banc filed in Plasmart v. Kappos

This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …
By Gene Quinn
4 years ago 2

Understanding Obviousness: John Deere and the Basics

When approaching an obviousness determination it is essential to understand what makes the invention unique. It is also necessary to start to envision the arguments that can …
By Gene Quinn
4 years ago 8

Patentability Overview: Obviousness and Adequate Description

In a nutshell, an invention would be obvious when someone knowledgable about the area would look at your invention and consider it to be already known; not …
By Gene Quinn
4 years ago 11