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 …
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 …
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 …
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 …
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 …
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.’…
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 …
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 …
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 …
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 …
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 …
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 …
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.…
