Topic
Obviousness
205 published works
PTAB Law Blog
Federal Circuit Reverses PTAB’s holding of Non-Obviousness of Standard Adopted 3G Technology
The recent decision by the Federal Circuit in Honeywell International Inc. v. 3G Licensing, S.A., issued on January 2, 2025, overturned the Patent Trial and Appeal Board’s (“the Board”) factual…
Intellectual Property Law Blog
Inline for a New Trial
Inline Plastics Corp. (“Inline”) filed a lawsuit against Lacerta Group, LLC (“Lacerta”), alleging infringement of several patents related to tamper-resistant containers and methods of making such containers using thermoformed plastic.…
Intellectual Property Law Blog
Federal Circuit Clarifies Requisite Analysis for Unclean Hands, Inequitable Conduct, Summary Judgement Determinations of Obviousness, and Awards of Fees and Costs
By Don Geiger
Luv N’ Care, Ltd. and Nouri E. Hakim v. Lindsey Laurain and Eazy-PZ, LLC, Nos. 2022-1905, 2022-1970 (Fed. Cir. April 12, 2024) addressed several issues, including: (1) what evidence of…
The IP Law Blog
Federal Circuit Changes Obviousness Test For Design Patents
In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to…
PTABWatch
Federal Circuit Abandons Rosen-Durling Test for Design Patent Obviousness
By Ryan J. Schermerhorn, Matt Nealon
As discussed in a recent post, On May 21, 2024, the Federal Circuit issued its en banc decision in LKQ Corp. v. GM Global Tech. Operations LLC, significantly impacting design…
PTABWatch
Federal Circuit Reframes Test for Obviousness of Design Patents
In LKQ v. GM, a May 21, 2024 en banc decision on an appeal of an IPR final written decision determining that the challenged claim of GM’s U.S. Design Patent…
Close-Ups
Federal Circuit Overrules Obviousness Test for Design Patents and Decades of Precedent
By Sarah Brooks, Gianna Cricco-Lizza, Ralph Dengler
A recent en banc Federal Circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design…
Cleary IP and Technology Insights
Designing a New Standard for the Obviousness of Design Patents
By Natalie Curry, Angela Dunning, David Herrington, Arminda Bepko
In a recent en banc decision concerning the standard for assessing obviousness challenges to design patents, the United States Court of Appeals for the Federal Circuit discarded its long-standing standard,…
IP IQ
Spring Has Sprung Obviousness Trends from the Federal Circuit
There have been only a few precedential decisions from the Federal Circuit related to obviousness since spring sprung. While these decisions have produced mixed results for the lower courts, clinical…
Prosecution First Blog
Update to USPTO Guidance for Determining Obviousness
By Adriana L. Burgy Stacy Lewis
In 2007, the USPTO published “Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.”. This was…