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. …
By IPWatchdog
9 days ago 1

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 …
By Rebecca Tapscott
1 month ago 0

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.…
By Steve Brachmann
2 months ago 0

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 …
By Eileen McDermott
2 months ago 4

‘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 …
By Amit Tailor
2 months ago 2

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
3 months 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
4 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
4 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
5 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
5 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
5 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
7 months ago 1