Topic
Obviousness
205 published works
IP Intelligence
Close Case for Non-obviousness of Pharmaceutical Formulations — Adapt Pharma v. Teva Pharma
By Scott Conley
In Adapt v. Teva, the Federal Circuit affirmed the district court’s findings that methods of administering a naloxone nasal spray formulation were invalid as obvious. The decision, which the Court…
IP Intelligence
Reasonable Expectation of Success’ Analysis Must Be Tied to Claim Limitations
One common rationale used to support an obviousness argument is that the patented solution would have been “obvious to try.” The Supreme Court has stated that where “there are a…
The Patent Playbook
When (Patent) Success Isn’t Obvious
By Patrick Niedermeier, Baldassare Vinti
In Univ. of Strathclyde v. Clear-Vu Lighting LLC, the Federal Circuit grappled with the issue of whether claims directed to methods and systems for inactivating bacteria using blue light were…
PTAB Law Blog
Federal Circuit Reaffirms Obviousness Standard by Reversing PTAB in <i>University of Strathclyde v. Clear-Vu Lighting</i>
Earlier this month, in University of Strathclyde v. Clear-Vu Lighting LLC, the Court of Appeals for the Federal Circuit (“the CAFC”) reversed a decision by the Patent Trial and Appeal…
Harness Dickey Blog
Mmm, Mmm, Obvious
By Todd
In Campbell Soup Company v. Gamon Plus, Inc., [2020-2344, 2021-1019] (August 19, 2021), the Federal Circuit reversed the PTAB determination that U.S. Design Patent Nos. D612,646 and D621,645 would not have…
Harness Dickey Blog
Broad, Functional Claims Made it Hard to Presume Nexus for Commercial Success
By Todd
In Teva Pharmaceuticals International GmbH v. Eli Lilly and Company, [2020-1747, 2020-1748, 2020-1750] (August 16, 2021), the Federal Circuit affirmed the Board’s determination that the claims of U.S. Patent Nos.…
PTAB Law Blog
In <i>Qualcomm v. Intel</i>, Federal Circuit Defends Procedural Rights Before the PTAB
Last month, in Qualcomm Inc. v. Intel Corp., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on…
IP Intelligence
“Teaching Away” – A Change To This Historically Inconsistent Doctrine
Teaching away is an important concept when considering the obviousness of a patent claim. The Federal Circuit’s recent decision in Chemours v. Daikin[1] makes it easier to find that a…
Patents Post-Grant
PTAB Faulted on Objective Indicia Analysis
By Scott McKeown, Scott McKeown Wolf Greenfield
Unpacking the Importance of the Claimed Invention from Other Commercial Components Objective indicia of non-obviousness, such as commercial success and industry praise, can be probative evidence of non-obviousness. In order…
PTABWatch
Federal Circuit Finds Lack of Enablement in Prior Art Reference
In Raytheon Technologies v. General Electric Corp., Appeal 2020-1755, (Fed. Cir. April 16, 2021), the Federal Circuit reversed a PTAB inter partes review decision that determined Raytheon’s claims, directed to…