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Inventions POSITA

Knobbe Martens

Federal Circuit Review - September 2024

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Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two...more

Foley & Lardner LLP

Federal Circuit Says No Timing Requirement To Qualify As A POSITA

Foley & Lardner LLP on

Last week, in Osseo Imaging, LLC v. Planmeca USA Inc., No. 2023-1627 (Fed. Cir. Sept. 4, 2024), the Federal Circuit held that “[a]n expert need not have acquired the skill level prior to the time of the invention to be able...more

McDermott Will & Emery

Back to the Future: Expert Can Be Skilled Artisan Based on Later-Acquired Knowledge

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit clarified that a technical expert does not need to have been a person of ordinary skill in the art (POSITA) at the time of the invention. Instead, they may rely on...more

Knobbe Martens

An Expert Witness Need Not Have Been a Posita at the Time of the Invention

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Before Dyk, Clevenger, and Stoll.  Appeal from the United States District Court for the District of Delaware. Summary: An expert witness can testify from the perspective of a POSITA at the time of the invention even if they...more

McDonnell Boehnen Hulbert & Berghoff LLP

Am I sunk? Where are all the safe harbors against the “on sale” bar?

In part 1 of this series, I introduced the “on sale bar” and described how a commercial sale or offer for sale can negate patentability, according to the doctrine the Supreme Court established in Pfaff v. Wells Elecs., Inc....more

Manatt, Phelps & Phillips, LLP

Error in Prior Art Did Not Render Invention Obvious

In LG Electronics Inc. v. Immervision, Inc., the Federal Circuit held that an obvious error in a prior art reference was not considered a teaching. The court explained that a person of ordinary skill in the art (POSITA) would...more

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