Posts Tagged: secondary consideration
CAFC Vacates PTAB Obviousness Decision, Nonobviousness Nexus Established by Patent Owner
The Federal Circuit recently issued a non-precedential decision in LiquidPower Specialty Products v. Baker Hughes, vacating and remanding a final written decision from the Patent Trial and …
PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success
The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …
Merck Process for Stabilizing Antibiotic Compound Invalid as Obvious
The District of Delaware found that one of two patents asserted by Merck was not invalid and infringed, and the other patent, while infringed, was invalid as …
Patentability: The Nonobviousness Requirement of 35 U.S.C. 103
The nonobviousness requirement is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not …
Validity of bottle cap patent upheld in IPR thanks to market success in Peru
The patent owner made a successful argument regarding secondary considerations, specifically relating to the success of the bottle cap in the country of Peru, which led in …
En Banc Federal Circuit finds substantial evidence to support jury verdict in Apple v. Samsung
The Court found substantial evidence to support the jury’s finding of infringement. While Samsung’s expert offered conflicting testimony, a reasonable jury could have credited Apple’…
Lifefactory patent on protective sleeves for containers survives IPR with most claims intact
The Lifefactory patent covering a protective sleeve technology survived a challenge at the Patent Trial and Appeal Board (PTAB) with most of its claims intact. The company …
Understanding Obviousness: John Deere and the Basics
When approaching an obviousness determination it is essential to understand what makes the invention unique. It is also necessary to start to envision the arguments that can …
KSR Fears Realized: CAFC Off the Obviousness Deep End
Yesterday the United States Court of Appeals for the Federal Circuit, in a split decision with Judge Lourie writing and Judge Bryson joining, took a step forward …
