Posts Tagged: secondary consideration


Merck Process for Stabilizing Antibiotic Compound Invalid as Obvious

The District of Delaware found that one of two patents asserted by Merck was not invalid and infringed, and the other patent, while infringed, was invalid as …

Patentability: The Nonobviousness Requirement of 35 U.S.C. 103

The nonobviousness requirement is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not …
By Gene Quinn
6 months ago 2

Validity of bottle cap patent upheld in IPR thanks to market success in Peru

The patent owner made a successful argument regarding secondary considerations, specifically relating to the success of the bottle cap in the country of Peru, which led in …
By Steve Brachmann
11 months ago 0

En Banc Federal Circuit finds substantial evidence to support jury verdict in Apple v. Samsung

The Court found substantial evidence to support the jury’s finding of infringement. While Samsung’s expert offered conflicting testimony, a reasonable jury could have credited Apple’…

Lifefactory patent on protective sleeves for containers survives IPR with most claims intact

The Lifefactory patent covering a protective sleeve technology survived a challenge at the Patent Trial and Appeal Board (PTAB) with most of its claims intact. The company …
By Steve Brachmann
1 year ago 0

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
6 years ago 8

KSR Fears Realized: CAFC Off the Obviousness Deep End

Yesterday the United States Court of Appeals for the Federal Circuit, in a split decision with Judge Lourie writing and Judge Bryson joining, took a step forward …
By Gene Quinn
7 years ago 98