Posts Tagged: prior art
U.S. Cannabis Inventions on the Rise As Legal Marijuana Market Grows
The shifting status of marijuana from an illegal controlled substance to regulated medicinal product to, in some jurisdictions, legalized recreational activity has created a market that promises …
Federal Circuit Addresses Whether Anticipating Prior Art Reference is ‘By Another’ as Described in 35 U.S.C. § 102(e)
The Federal Circuit recently overturned a Patent Trial and Appeal Board (Board) inter partes review decision finding that an IPS Group (IPS) patent was not unpatentable as …
Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law
To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, …
Techniques for Patenting Blockchain in Europe, the United States, China and Japan
Patentability of Blockchain is a hot topic primarily because of the tremendous expectations around this emerging, disruptive and promising technology. On December 5, 2018, the European Patent Office (EPO) …
Federal Circuit Allows Reconsideration of Non-Instituted Ground in IPR
In AC Techs., S.A. v. Amazon.com, Inc. the Federal Circuit found the PTAB did not exceed its statutory authority by addressing a non-instituted ground on …
Limiting Section 325(d) Delegation Will Ensure a More Predictable Inter Partes Review Process
Congress created Inter Partes Review (IPR) to weed out clearly invalid patents that would not have been issued had the United States Patent and Trademark Office (USPTO) …
Judge Grants Reconsiders, Reinstates Validity of TRX Fitness Equipment Patent Claims
The resurrection of the ‘814 patent claims was of great importance to Fitness Anywhere because it covered a modification to the company’s fitness equipment that helped it …
MIT Prior Art Archive: An Overstated Solution to Patent Examination
According to statistics provided by the USPTO, since the beginning of fiscal year 2012, the Office has received a total of only 1,584 third-party submissions of prior art for …
Federal Circuit Vacates PTAB’s Decision to Uphold Enthone Patent
The Federal Circuit recently issued a nonprecedential decision in BASF Corporation v. Enthone, Inc. which vacated an earlier decision stemming from an inter partes review (IPR) proceeding …
Comcast Invalidates Rovi Patents at PTAB that Previously Secured Limited Exclusion Order at ITC
Perhaps Rovi will take the opportunity to test the waters with the newly created Precedential Opinion Panel (POP), which is intended to bring uniformity between examination procedures …
Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins
Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been …
Federal Circuit Treatment of ‘Commercial Success’ in Hatch-Waxman Cases
In order to establish that the commercial success factor supports a non-obviousness finding, the patentee must establish that a connection (or nexus) exists between the novel aspects …
Cannabis Extract Patent Assertion Underscores Issue of Limited Prior Art for Marijuana Inventions
The suit, filed in the District of Colorado, involves the assertion of cannabis patent claims covering liquid formulations of highly enriched extracts of plant cannabinoids... United Cannabis …
CAFC Affirms Invalidation of Water Recreation Device Patent Over Newman Dissent
In Zup v. Nash Manufacturing, ZUP filed suit, alleging contributory infringement and induced infringement of the patent-at-issue, trade secret misappropriation under Virginia law, and breach of contract. …
Aqua Products: Is It Helping Patent Owners Swim Better Nine Months Later?
At the time, many thought this change in law would significantly assist patentees in avoiding full-blown cancellation of their claims. However, our review suggests a case-by-case analysis …
