Topic
Obviousness
205 published works
Global IP & Technology Law Blog
The USPTO Speaks on Obviousness – Do Patent Practitioners Have an Answer?
The United States Patent and Trademark Office (USPTO) recently published updated guidance emphasizing a very flexible approach to determining obviousness under 35 U.S.C. § 103, consistent with the U.S. Supreme…
Intellectual Property Law Blog
Federal Circuit Rules on Written Description Requirement and Prior Art Statements Supporting a Motivation to Combine
By Don Geiger
RAI Strategic Holdings, Inc. v. Phillip Morris Products S.A., No. 2022-1862 (Fed. Cir. February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context…
Protecting the Product
Design Patent Obviousness Inquiry Is Up for Review at the CAFC
As we have previously written about here, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ…
Patents Post-Grant
OTDP Land Mines & Cellect
Avoiding Cellect The Federal Circuit's In re Cellect ruling has significant implications for patent portfolios, emphasizing the need for careful planning to avoid obviousness-type double patenting (OTDP) that could compromise…
Intellectual Property Law Blog
Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations
By Fred Chung
In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Background Medtronic…
Intellectual Property Law Blog
Federal Circuit Grapples with What Constitutes Analogous Art
In Corephotonics, Ltd. v. Apple Inc., 2022-1340, 2022-1341 (Fed. Cir. October 16, 2023), the decision addresses the Patent Trial and Appeal Board’s (“Board” or “PTAB”) obviousness determinations in five final…
PTABWatch
Federal Circuit to Decide Whether KSR Applies to Design Patents
By Ryan J. Schermerhorn, Matt Nealon
On June 30th, the Federal Circuit granted a petition for re-hearing en banc in LKQ Corp. v. GM Global Tech. Operations LLC.[1] LKQ, an auto parts repair vendor for GM,…
Intellectual Property Law Blog
Breaking down the Federal Circuits Reasoning in the Rembrandt vs Alere Patent Dispute
In Rembrandt Diagnostics, LP v. Alere, Inc. 2021-1796 (Fed. Cir. Aug. 11, 2023), the decision addresses the Patent Trial and Appeal Board’s obviousness determinations in an Inter Partes Review proceeding…
Intellectual Property Law Blog
Sanofi-Aventis Deutschlan GMBH v. Mylan Pharmaceuticals Inc.
The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious. Background Mylan petitioned for inter partes review…
Intellectual Property Law Blog
In re Couvaras, No. 2022-1489 (Fed. Cir. June 14, 2023)
This case addresses obviousness under 35 U.S.C. § 103 in relation to a method of increasing prostacyclin release to reduce hypertension in a patient. In particular, this case discusses issues relating…