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Topic

Obviousness

205 published works

  1. Chicago IP Litigation

    KSR Obviousness Does Not Require Prior Art from the Same Field

    By R. David Donoghue

    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…

  2. The Contingency

    “Substantial Question” on Obviousness Defense Defeats Patent Injunction

    By Barry Barnett

    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…

  3. The IP Law Blog

    Federal Circuit Relies on KSR (Again)

    By Weintraub Firm

    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…

  4. Retail & Consumer Products Law Observer

    Patent Claims for Candle Design Which Prevented Scorching Were Invalid Due to Obviousness

    By Crowell & Moring

    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…

  5. Chicago IP Litigation

    Court Discusses KSR Obviousness Standard & Indefiniteness

    By R. David Donoghue

    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…

  6. Legal Pad

    Alsup Tosses Patent Suit Against Comcast

    By Angelo Carosio

    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…

  7. Chicago IP Litigation

    Obviousness Post-KSR

    By R. David Donoghue

    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…

  8. Chicago IP Litigation

    Claim Construction Reversal Requires New Trial

    By R. David Donoghue

    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…

  9. The Contingency

    Obviousness?

    By Barry Barnett

    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…

  10. The IP Law Blog

    No Surprise: After KSR, Federal Circuit Finds Obviousness

    By Weintraub Firm

    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…