Topic
Obviousness
205 published works
PTABWatch
Failure To Identify The Difference Makes A Difference
There have been a few short articles floating around over the past few years that list the top (usually four or five) mistakes that petitioners have made to doom their…
BioLoquitur
Federal Circuit Affirms Holding of Obviousness of Claims Covering Warner Chilcott’s Osteoporosis Drug, Altevia®
In Warner Chilcott v. Teva, the Federal Circuit used the appellant’s claim limitation, as defined in the specification, to uphold the district court’s finding that the claims of two patents…
Patent Challenges
Federal Circuit rules that PTAB failed to adequately describe its reasoning for obviousness finding
In a recent decision vacating the PTAB’s obviousness findings in an IPR, the Federal Circuit set forth criteria necessary to support future obviousness findings. Cutsforth, Inc. v. MotivePower, Inc., No.…
PTABWatch
PTAB Revises Claim Construction in Final Written Decision, But Still Finds Claims Invalid
On January 11, 2016, the PTAB issued a final written decision in ABS Global, Inc. et al. v. XY, LLC, IPR2014-01161, holding claims 1 and 3 of U.S Patent No.…
Prosecution First Blog
Ex Parte Quist: Evidence and Legal Conclusions of Obviousness Must Be Reviewed Anew by the Board
PTAB Decision: Ex parte Quist, Appeal No. 2008-001183 (June 2, 2010)Read more
Prosecution First Blog
Ex Parte Quist: Evidence and Legal Conclusions of Obviousness Must Be Reviewed Anew by the Board
PTAB Decision: Ex parte Quist, Appeal No. 2008-001183 (June 2, 2010)Read more
Patent Challenges
Federal Circuit holds that PTAB is not bound by findings made in Institution Decisions
A unanimous Federal Circuit panel recently affirmed the PTAB’s judgment holding that the Petitioner failed to satisfy its burden of proving that the challenged claims of the patent were obvious.…
PTABWatch
Petitioner Blows Smoke with Late-Filed Declaration
In Redline Detection, LLC v Star Envirotech, Inc., the Federal Circuit affirmed a PTAB final written decision that the petitioner failed to show that the challenged claims were obvious, and…
BioLoquitur
Secondary Indicia Must be Connected to “Novel Features” of the Claims
In two recent companion cases, the Federal Circuit upheld the Board’s decision that claims related to administering a natural stereoisomer to treat symptoms of folate deficiency would have been obvious.
Patents Post-Grant
CAFC Sides with PTAB’s Rejection of Secondary Indicia Nexus
CAFC Outlines Most Common Faults in Secondary Indicia Showing The efficacy of objective evidence of non-obviousness (i.e., secondary indicia) hinges on the ability to demonstrate a "nexus" between the evidence…