Topic
Obviousness
205 published works
Chicago IP Litigation
KSR Obviousness Does Not Require Prior Art from the Same Field
Se-Kure Controls, Inc. v. Diam USA, Inc., No. 06 C 9845, Slip. Op. (N.D. Ill. Sep. 18, 2009) (Guzman, J.) Judge Guzman granted defendant's motion for summary judgment of obviousness…
The Contingency
“Substantial Question” on Obviousness Defense Defeats Patent Injunction
The Federal Circuit today affirmed an order that denied an injunction against sale of generic antiulcer drugs. Altana Pharma alleged that the generics would infringe an Altana patent. The district court…
The IP Law Blog
Federal Circuit Relies on KSR (Again)
By Audrey Millemann In Tokyo Keiso Company, v. SMC Corporation, 2009 WL 59769 (Fed. Cir. 2009)the Federal Circuit has again relied on the Supreme Court’s decision in KSR in invalidating…
Retail & Consumer Products Law Observer
Patent Claims for Candle Design Which Prevented Scorching Were Invalid Due to Obviousness
Case: Ball Aerosol & Specialty Container, Inc. v. Limited Brands, Inc., Bath & Body Works, Inc., et al., Fed Cir. No. 2008-1333 (2/9/09)The One Sentence Summary: Patent claims for a…
Chicago IP Litigation
Court Discusses KSR Obviousness Standard & Indefiniteness
Baldwin Graphic Sys., Inc. v. Siebert, Inc., No. 03 C 7718, 2008 WL 4083145 (N.D. Ill. Aug. 27, 2008) (Moran, Sen. J.)* Judge Moran granted defendant's summary judgment of invalidity…
Legal Pad
Alsup Tosses Patent Suit Against Comcast
The bad patent news keeps coming for Sunnyvale’s Finisar. In April, the Federal Circuit tossed a $104 million award for patent infringement that Finisar won against DirecTV. On Friday, Northern…
Chicago IP Litigation
Obviousness Post-KSR
Brian Higgins's Maryland IP Law Blog post about the progeny of In re Seagate, 497 F.3d 1360 (Fed. Cir. 2007), inspired me to do follow up posts identifying Northern District…
Chicago IP Litigation
Claim Construction Reversal Requires New Trial
Black & Decker, Inc. v. Robert Bosch Tool Corp., No. 2007-1243, 1244, Slip Op. (Fed. Cir. Jan. 7, 2008).* The Federal Circuit affirmed the Northern District jury's obviousness verdict, and…
The Contingency
Obviousness?
The WSJ's Peter Lattman says that KSR v. Teleflex has already caused at least one judge to change his mind about whether a patent flunked the traditional "obviousness" test. Barry…
The IP Law Blog
No Surprise: After KSR, Federal Circuit Finds Obviousness
By Audrey Millemann The first case the Federal Circuit Court of Appeals has decided under obviousness since the United States Supreme Court’s decision on April 30, 2007 in KSR International…