Topic
Obviousness
205 published works
IP Intelligence
Patent Watch: In re Adler
When the Board relies upon a new ground of rejection not relied upon by the examiner, the applicant is entitled to reopen prosecution or to request a rehearing [unless the…
Essential Patent Blog
Patent Alert: Federal Circuit invalidates three patents, finding obviousness as a matter of law (Soverain Software v. Newegg)
On January 22, 2013, in Soverain Software LLC v. Newegg Inc., No. 2011-1009, the Federal Circuit (Newman, Prost, and Reyna) reversed a decision by the Eastern District of Texas that…
Intellectual Property Law Blog
Inventions In Unpredictable Fields — Not Always Unobvious
On Sept. 21, 2012, a three-judge panel of the Federal Circuit in In re Droge (2011-1600) held that the claims in U.S. patent application serial no. 10/082,772 (the ‘772 application”),…
Essential Patent Blog
Patent Alert: Federal Circuit clarifies obviousness standard for predictable arts (Mintz v. Dietz)
Today, Wed., May 30, 2012, in Mintz v. Dietz & Watson, No. 2010-1341, the Federal Circuit (Rader, Newman, and Dyk) vacated a summary judgment of invalidity because the district court improperly applied…
Essential Patent Blog
Patent Alert: Federal Circuit rules no burden-shifting in obviousness determination (Eurand v. Mylan)
Today, Mon., Apr. 16, 2012, in Eurand v. Mylan, No. 2011-1399, the Federal Circuit (Newman, O’Malley and Reyna) reversed a bench trial judgment that pharmaceutical patents would have been obvious because the district…
Patents Post-Grant
Hole in Patent Reexamination Strategy Leads to CAFC Defeat
First CAFC Review of Inter Partes Patent ReexaminationIn inter partes reexamination 95/000,034,Vanguard Identification Systems Inc., v Bank of America Corporation, the BPAI reversed the examiners obviousness rejection, emphasizing the difference between a proper obviousness…
Delaware Intellectual Property Litigation
Court Holds That Prior Art Rules Found in 35 U.S.C. § 102 Apply to Obviousness-Type Double Patenting Analysis
By Order entered on October 29, 2010 followed by a Memorandum Opinion entered by Chief Judge Gregory M. Sleet on November 5, 2010 in the consolidated action, Eli Lilly and…
Delaware Intellectual Property Litigation
Chief Judge Sleet Finds Two Of The Asserted Claims Of Plaintiffs’ Patent-In-Suit Are Invalid Due To Indefiniteness
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in the consolidated patent infringement action, Aventis Pharma S.A., et al. v. Hospira, Inc., C.A. No 07-721-GMS and Aventis Pharma…
Real Lawyers Have Blogs
Best in Law Blogs : LexBlog Network : April 21, 2010
Wow. The 140+ streak continues as there were another 144 posts on the LexBlog Network today. One of my favorite posts has Max Kennerly with his take on how lawyers can do…
Litigation & Trial
Supreme Court (Intriguingly) Respects Jury’s Role In Patent Infringement Cases
As Patently-O reports this morning, The Supreme Court recently rejected Medela's petition for certiorari arguing that the conclusion of obviousness should be made by a judge rather than a lay…