Posts Tagged: prior art


Inherency in Obviousness – What is the Correct Standard?

Although the distinction between inherency in obviousness and anticipation is sometimes blurred, the two concepts are quite different and a claim may be inherently anticipated without being …

Patentability: The Novelty Requirement of 35 U.S.C. 102

Essentially, §102 requires the patent applicant to demonstrate that the invention is new. In essence, in order for a claimed invention to violate this "newness" requirement it must …
By Gene Quinn
2 months ago 4

CAFC Interprets AIA On-Sale Bar: Invention details need not be public for sale to be invalidating

Earlier today the United States Court of Appeals for the Federal Circuit issued a major decision interpreting provisions of the America Invents Act (AIA), specifically the AIA …
By Gene Quinn
4 months ago 6

From filing to challenge, modern patent practice is all about prior art

The patent process can be expensive, so the last thing you want to do is spend a lot of money preparing and filing an application when there …
By Gene Quinn
4 months ago 0

Samsung Succeeds in Reducing Damages for Infringement of Two Rembrandt Patents

Rembrandt sued Samsung for patent infringement in the Eastern District of Texas and convinced a jury that Samsung infringed its two asserted patents, awarding $15.7 million in damages. …

Is It Really That Obvious? A Tale of Two Decisions

On January 3, 2017 the Court of Appeals for the Federal Circuit (the court) handed down two decisions relating to obviousness under § 103 – In re: Marcel Van Os, Freddy Allen …
By William Gvoth & Paul Gurzo
4 months ago 3

CAFC: A reference that requires significant modification will not anticipate and invalidate that claim

The Federal Circuit noted that precedent requires a prior art reference to disclose the invention without modification in order to anticipate. “[A] prior art reference that must …

Flexible problem-solution analysis for drafters with Europe in mind

The problem-solution paradigm has become a cornerstone of patentability in Europe. If the invention cannot be reduced to the format of a technical solution to a technical …
By Brian Cronin
6 months ago 2

Could or should the USPTO adopt the EPO problem-and-solution approach for assessing obviousness?

There is a plausible case that the US law on obviousness is indeed compatible with the EPO problem-and-solution approach. It could even be said that the steps …
By Brian Cronin
7 months ago 13

Comparing and Contrasting European 2-part claims with US Jepson claims

European practice requires a strict distribution of the features before and after "characterizing", where those prior art features that are common with the definition of the invention …
By Brian Cronin
8 months ago 1

Videos as a Printed Publication in Inter Partes Review

In a handful of IPRs, the Petitioner has relied on a video, and asserted that the video constitutes a printed publication... One factor raised in these cases …
By Michael K. O’Neill
9 months ago 1

CAFC says Antedating a Reference under Section 102(g) Focuses on Critical Period as a Whole

In an IPR decision, the Patent Trial and Appeal Board invalidated several claims from U.S. Patent No. 6,030,384 as anticipated or obvious over Japanese Publication No. H1033551…

Prior Art Combination that Sometimes Provides Results of Broadly Claimed Method Can Make that Method Obvious

In 2013, Google, Inc. (“Google”) filed inter partes review and covered business method petitions challenging the validity of Unwired Planet, LLC’s (“Unwired”) patent, at issue on appeal. …

Don’t Feed the Trolls: Practicality in View of the FTC’s Report on Patent Assertion Entities 

The Norwegian fairy tale “Three Billy Goats Gruff” was far ahead of its time and the moral of that story has a very relevant, modern application. In …
By Ravi Mohan
10 months ago 9

Negating Hindsight Reconstruction: A Logical Framework

It is well known that hindsight reconstruction is an insidious error that infects patent prosecution. The Federal Circuit has noted that it is a difficult task to …
By Peter Kramer
10 months ago 32