News & Analysis as of

Obviousness Inventions Intellectual Property Protection

Kilpatrick

Federal Circuit Upends Design Patent Validity Test

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Unlike utility patents, which are frequently invalidated on obviousness grounds, design patents historically faced a rigid test making obvious findings rare. The Federal Circuit has just issued an en banc decision that upends...more

AEON Law

Patent Poetry: Federal Circuit Finds No Motive to Combine in Laser Projector Patent Case

AEON Law on

The Federal Circuit has reversed a finding by the Patent Trial and Appeal Board (PTAB or Board) that certain challenged claims of a patent for a method for aligning a laser projector with respect to a work surface are...more

American Conference Institute (ACI)

[Event] 22nd Advanced Summit on Life Sciences - May 29th - 30th, New York, NY

Hosted by American Conference Institute, the 22nd Advanced Summit on Life Sciences Patents returns for another exciting year with curated programming that will provide practical insights on how to maximize your patent term...more

Mintz - Intellectual Property Viewpoints

How Can the Updated USPTO Guidance on Determining Obviousness Help You?

Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. § 103. Since it is...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2023 #3

Baxalta Inc. v. Genentech, Inc., Appeal No. 22-1461 (Fed. Cir. Sept. 20, 2023) Our Case of the Week focuses on the enablement requirement. It’s the first case to come before the Federal Circuit following the Supreme...more

Axinn, Veltrop & Harkrider LLP

Axinn IP Update: Federal Circuit Applies Lead Compound Analysis and Confirms Obviousness of Deuterated Derivatives of Ruxolitinib

On August 22, 2023, the Federal Circuit affirmed an IPR Final Written Decision holding claims to deuterated derivatives of ruxolitinib unpatentable as obvious and rejected the patentee’s argument that a skilled artisan would...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Jones Day

Spoonful of Commercial Success Overcomes Obviousness Rejection

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The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica Lineberry. The PTAB found...more

Ruder Ware

You Developed a New Invention – How Do You Determine if it is Patentable?

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An invention developed by a business or individual inventor may have great value to that business or individual, either through the commercialization of the invention or by licensing the invention to others in return for a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Manatt, Phelps & Phillips, LLP

Prior Invention as a Litigation Defense: All Claim Elements Must Be Appreciated

In Ingevity Corporation v. International Trade Commission, the Federal Circuit held that a prior invention will not anticipate under 35 U.S.C. § 102(g) unless the prior inventors appreciated the invention. Specifically, an...more

Knobbe Martens

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

Knobbe Martens on

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

Kilpatrick

Late But Not Too Late | Submitting Post-Filing Data During Patent Prosecution in Selected Jurisdictions

Kilpatrick on

Intellectual Property counsel often face the dilemma of when to file a patent application: as soon as possible, or wait and gather more support? Filing an application “early” helps to avoid anticipatory prior art but if the...more

BakerHostetler

Promoting the Progress of Science: Avoiding Inherent Obviousness

BakerHostetler on

You’ve thought long and hard about how your company’s clinical stage invention is novel over anything that’s ever been done before. Your analysis is finished, right? Not even close. The novelty barrier to patentability can be...more

Neal, Gerber & Eisenberg LLP

NGE IP Focus: Life Sciences

Neal Gerber Eisenberg and Wolters Kluwer have teamed up to bring you NGE IP Focus, a quarterly newsletter dedicated to intellectual property-related legal decisions. ...more

Fenwick & West Life Sciences Group

USPTO and EPO Examiners Discuss Key Considerations for Filing Effective Precision Medicine and Bioinformatics Applications in the...

At a symposium and webinar presented by Fenwick & West and Mewburn Ellis, we asked U.S. Patent and Trademark Office and European Patent Office examiners to provide perspective on the preparation and prosecution of patent...more

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