Posts Tagged: prior art


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
2 days 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
17 days 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
2 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
3 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
5 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
5 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
6 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
6 months ago 32

The China Syndrome: How recent developments in Chinese patents affect U.S. applicants

Chinese patents and patent applications are citable as prior art in most Western countries if they meet the usual criteria regarding publication dates of the cited patent …
By Manuel Fortin
7 months ago 7

Anticipating Expansion of Intervening Disclosures Under the AIA

Although what qualifies as art under the AIA can be distilled to disclosures before a patent application, both pre-AIA and AIA created exceptions for intervening disclosures in …
By Keith Fredlake
7 months ago 0

The America Invents Act Five Years Later: Reality, Consequences and Perspectives

At exactly 11:42am on September 16, 2011, President Barak Obama signed the America Invents Act into law. As President Obama put his pen down he said: “All right guys, …
By Gene Quinn
8 months ago 22