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Technology Prior Art Patent Litigation

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

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

2023 Design Patents Year in Review: Analysis & Trends: PTAB: Design Patents for GUI Interface Cancelled in AIA Proceedings

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are...more

Axinn, Veltrop & Harkrider LLP

Lights, Camera, Action: GoPro’s Section 101 Arguments Head to the Federal Circuit

Today, the Federal Circuit will hear oral argument in Contour IP Holding LLC v. GoPro, Inc., Case Nos. 2022-1654, -1691, once again stepping into complex questions of patentable subject matter pursuant to 35 U.S.C. § 101...more

Axinn, Veltrop & Harkrider LLP

Is Common Sense Simple?

In analyzing patent obviousness, how “simple” must the relevant technology be in order for “common sense” to supply a limitation missing in the prior art? Ever since the Supreme Court referenced “common sense” five times...more

Jones Day

Failure to Prove “Prior” Art Results in Denial

Jones Day on

The PTAB recently denied IPR institution in Sophos v. Open Text because the petitioner failed to show a reasonable likelihood that the asserted reference was, in fact, prior art.  IPR2023-00732, Paper 23 (November 2, 2023)....more

McDermott Will & Emery

If You Can’t Build it, They Won’t Come: No Obviousness Based on Fanciful Engine Design

McDermott Will & Emery on

Reaffirming that a person of ordinary skill in the art must have been able to actually create a disclosure at the time of invention in order for it to serve as an obviousness reference, the US Court of Appeals for the Federal...more

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