Posts Tagged: obviousness


An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews

The Federal Circuit has repeatedly confirmed that secondary consideration evidence is an integral part of an obviousness analysis (indeed, it “may be the most pertinent, probative, and …
By Kristin Doyle
7 days ago 8

PTAB Decides Against Moderna in Challenge to Arbutus Vaccine Patent

On January 9, 2019, Moderna Therapeutics, Inc. (“Moderna”) filed a petition requesting inter partes review of U.S. Patent No. 8,058,069 (the ‘069 patent) owned by Arbutus Biopharma. The ‘069 patent is …
By Kim Jordahl
2 months ago 1

Judge Dyk Departs from Majority’s Obviousness Analysis on Gaming Service Patent Claim

The Federal Circuit on Wednesday affirmed a decision of the Patent Trial and Appeal Board (PTAB) that found FanDuel had failed to prove that claim 6 of Interactive …
By Eileen McDermott
2 months ago 3

Federal Circuit Affirms PTAB’s Conclusion of Obviousness on Grounds of Common Sense

On June 26, the U.S. Court of Appeals for the Federal Circuit affirmed a final written decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
3 months ago 2

Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious

On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and …
By Rebecca Tapscott
3 months ago 1

Federal Circuit Affirms PTAB Finding that Adidas Did Not Prove Nike Patent Claims Unpatentable as Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday affirmed a Patent Trial and Appeal Board (PTAB) decision that certain claims of Nike, Inc.’…
By Eileen McDermott
3 months ago 0

Federal Circuit Reverses PTAB’s Non-Obviousness Ruling in View of Prior Art

On May 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the United States Patent and Trademark Office’s Patent Trial …
By Rebecca Tapscott
5 months ago 1

Rently Asks Full Federal Circuit to Rehear Lockbox Patent Eligibility Case

Last week, Consumer 2.0, Inc. d/b/a Rently filed a combined petition for panel rehearing and rehearing en banc asking the U.S. Court of Appeals for …
By Rebecca Tapscott
5 months ago 3

Inherency in Obviousness: Lessons From Persion v. Alvogen

When can an inherent property add patentable weight in the context of obviousness? Over the years, the Federal Circuit has shed light on this question in a …

CAFC Affirms District Court Finding that Hospira Precedex Patent Claim is Obvious

On January 9, the Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Northern District of Illinois, holding …
By Nancy Braman
8 months ago 0

TQ Delta Reminds Me: May We Dispense with the Puzzle Simile?

In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the United States Supreme Court discussed legal principles of obviousness in the patent context. Justice Anthony Kennedy wrote …
By Daniel Hanson
9 months ago 15

Federal Circuit Affirms Decision Finding Zohydro ER Patents Obvious

On December 27, U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Jimmie Reyna authored an opinion affirming the U.S. District Court for the District …
By Butch Laker
9 months ago 0

Federal Circuit Reverses PTAB’s Invalidity Decision Regarding a Wireless Communications Patent

In November, the Federal Circuit issued an opinion reversing the Patent Trial and Appeal Board’s (the PTAB or the Board) decision that claim 8 of IPR Licensing …

CAFC Reverses PTAB Obviousness Finding as Unsupported by Substantial Evidence

On November 23, the Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) ruling in a pair of inter partes …
By Randy Nguyen
10 months ago 2

CAFC Upholds PTAB Decision on Time-Bar and Obviousness of Gaming Patent Claims

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) reviewed an appeal of the PTAB's final decision that Game and Technology Co. Ltd.…
By Butch Laker
10 months ago 1