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Obviousness

205 published works

  1. PTAB Law Blog

    Federal Circuit Reverses PTAB’s holding of Non-Obviousness of Standard Adopted 3G Technology

    By James Pawlowski

    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…

  2. Intellectual Property Law Blog

    Inline for a New Trial

    By Zachary Alper

    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.…

  3. 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…

  4. The IP Law Blog

    Federal Circuit Changes Obviousness Test For Design Patents

    By Audrey A Millemann

    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…

  5. 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…

  6. PTABWatch

    Federal Circuit Reframes Test for Obviousness of Design Patents

    By Jeremy R. Kriegel

    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…

  7. 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…

  8. 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,…

  9. IP IQ

    Spring Has Sprung Obviousness Trends from the Federal Circuit

    By Stephanie D. Scruggs

    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…

  10. 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…