Posts Tagged: ksr v. teleflex
‘Lead Development’ in Compound Claim Challenges
In an earlier article, “Tips for Selecting a ‘Lead Compound’ in Compound Claim Challenges,” I introduced an approach derived by U.S. federal courts called the “lead …
As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets
The cost of obtaining a U.S. patent has not significantly changed for the past 10 years. This remarkable stability is confirmed by the AIPLA Economic Survey, our …
Federal Circuit Affirms the PTAB, Emphasizing KSR’s Flexible Approach to 103
The Court affirmed the Board’s finding that two previous patents render the ‘695 Patent obvious. The Court rejected ClassCo’s argument that “[a] basic characteristic of a …
What the passing of Justice Antonin Scalia means for SCOTUS patent jurisprudence
While Justice Scalia served on the Supreme Court for nearly three decades, his contributions to the area of intellectual property law were quite limited. Scalia did famously …
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, …
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 …
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This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …
5th Anniversary KSR: Is Section 103 Unconstitutional?
This is a good time to review the implications of this case, but an even better time to look into the origins and constitutionality of the Non-obviousness …
KSR the 5th Anniversary: One Supremely Obvious Mess
On Monday, April 30, 2007, the United States Supreme Court issued its final decision in the matter of KSR v. Teleflex, which overruled the Federal Circuit's application of the …
Is Your Patent Portfolio Safe from the Supreme Court?
The Prometheus decision shows that you can never know for sure what the outcome will be once you arrive at the Supreme Court. We also know that …
The Law of Recipes: Are Recipes Patentable?
In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
Chief Judge Rader Says KSR Didn’t Change Anything, I Disagree
Upon hearing Rader make such a bold statement the first thought that ran through my mind was — Really? Did he just say that? I have heard from …
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 …
