Posts Tagged: obvious
The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation
Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
Hospira Patent Claims that Previously Survived IPR Held Invalid
While the claims-in-suit had previously survived validity challenges in an inter partes review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) and in a District …
Federal Circuit Vacates PTAB Decision That Video Messaging Patent Claims Were Nonobvious
The Federal Circuit panel of Circuit Judges Timothy Dyk, Evan Wallach and Richard Taranto determined that the PTAB’s decision to uphold patent claims challenged by WhatsApp …
The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name
Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
Comcast Invalidates Rovi Patents at PTAB that Previously Secured Limited Exclusion Order at ITC
Perhaps Rovi will take the opportunity to test the waters with the newly created Precedential Opinion Panel (POP), which is intended to bring uniformity between examination procedures …
Waymo Patent Asserted Against Uber Suffers Setback in Reexamination
he U.S. Patent and Trademark Office issued a final office action in an ex parte reexamination of a patent owned by Google self-driving car development subsidiary …
Webinar: The Art of Responding to Obviousness Rejections
Join Gene Quinn, founder and president of IPWatchdog.com, for a free webinar discussion on responding to obviousness rejections and convincing examiners there is more to the …
Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight
Hindsight bias, the phenomenon that things seem more predictable and obvious after they have occurred, is one of the most widely-studied “decision traps” in psychology... Patent litigation …
Federal Circuit Reverses, Finds Opioid Addiction Treatment Patent Nonobvious
The Federal Circuit reversed the District of Delaware’s decision to invalidate Orexo’s opioid treatment patent as obvious because obviousness was not proved by clear and …
Petition for En Banc Review Asks Federal Circuit for Clarity on Single Reference Obviousness
The focus of the appeal is the need for clarity with respect to hopelessly irreconcilable caselaw on the issue of single reference obviousness... Decisions from the Federal …
Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections
MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
Google vs. the Luddites: A Patent Battle Neither Side Should Win
The idea that all software is obvious is a theoretical argument that doesn’t just border on the scattological, it wades right into the sewer. Consider artificial …
Federal Circuit expands printed matter doctrine to include information and mental steps
In Praxair Distribution v. Mallinckrodt Hospital Products, Praxair petitioned for inter partes review of claims 1-19 of the ’112 patent, which the Board instituted. The Board held that …
Prosecution Disclaimer 101: Argument relied upon by examiner results in prosecution disclaimer
The PTAB found the claims in question obvious for two reasons. First, in its primary ruling the PTAB held that there was no prosecution disclaimer, finding the "…
PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success
The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …
