Posts Tagged: obviousness
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.…
CAFC Finds Columbia Patent Claims Invalid, Reverses Infringement Verdict
On November 13, the Court of Appeals for the Federal Circuit (CAFC) heard an appeal from the U.S. District Court for the Southern District of California in …
Google Fails to Overturn PTAB Decision Upholding Koninklijke Philips Patent Claims at Federal Circuit
On October 23, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the Patent Trial and Appeal Board (PTAB) that Google failed …
Patent Eligibility of Diagnostic Tools: Utility as the Key to Unlocking Section 101
A petition for certiorari was filed on October 1 in the case of Athena Diagnostics v. Mayo Collaborative Services asking the question: "Whether a new and specific method …
Nonprecedential CAFC Decision Presents Questions of Standing
In Knauf Insulation, Inc. v. Rockwool International, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s …
Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem
As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
‘Substantially Equivalent’ Disclosure May Satisfy Written Description Requirement Under Certain Circumstances
The Federal Circuit recently affirmed in part and reversed in part a district court decision holding that Actavis Laboratories FL, Inc.’s (“Actavis’s”) generic Abbreviated New …
Are All Safety-Related Inventions Obvious After Celgene?
The case of Celgene Corp. v. Peter, Nos. 2018-1167 et al. (Fed. Cir. July 30, 2019) has drawn attention for its decision that inter partes review (IPR) may be …
Don’t Let Experts Testify as to Obviousness
When obviousness of a patent claim is at issue, some experts may opine along these lines: "Therefore, the subject matter of claim 1 would have been obvious before …
