Posts Tagged: obviousness
Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS
On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) in SIPCO, LLC v. Emerson Electric Co. affirmed a determination of the U.S. …
Federal Circuit Affirms PTAB Finding that Immunex Antibody Patent is Obvious
The United States Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed an invalidity decision of the U.S. Patent and Trademark Office’s Patent …
Federal Circuit Reinstates Jury Verdict Finding Claims of Biogen’s MS Drug Were Anticipated
On Monday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Biogen MA, Inc. v. EMD Serono, Inc., reversing the U.…
Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB
In the latest episode of a long-running saga between Apple and Voip-Pal, the U.S. Court of Appeals for the Federal Circuit on Friday denied Apple’s …
‘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 …
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 …
