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Conclusory Statements About Prior Art Combinations Not Enough To Defeat Preliminary Injunction

BLEPHEX, LLC. v. MYCO INDUSTRIES, INC. Before: Moore, Schall, and O’Malley. Appeal from the Eastern District of Michigan. Summary: Conclusory statements about how a skilled artisan would combine embodiments in a prior...more

Not So Obvious After All: PTAB Lacked Evidence to Eradicate University’s Disinfection Method

UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC - Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the...more

No Special Standards for Nexus of Objective Indicia Apply to Design Patents

CAMPBELL SOUP COMPANY V. GAMON PLUS, INC. Before Moore, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The standards for establishing a presumption of nexus or a nexus-in-fact between...more

Federal Circuit Holds That Art Teaches Away From Its Own Disclosure

CHEMOURS COMPANY FC, LLC v. DAIKIN INDUSTRIES, LTD. Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board. Summary: A reference may teach away from modifying a particular embodiment to include...more

Federal Circuit Affirms Obviousness of Novartis’s Patent for Multiple Sclerosis Drug

The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir....more

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