Garage Door Tech Not Patent-Eligible
On August 21, 2019, the Court of Appeals for the Federal Circuit held in The Chamberlain Group, Inc. v. Techtronic Inds. Co., that Chamberlain’s U.S. Patent No. 7,224,275 (‘275) directed to wireless...
Category: "103"
NIST Seeking Comments on CRISPR Lexicon
On September 18, 2019, the National Institute of Standards and Technology (NIST)’s Genome Editing Consortium (GEC) formally sought comments on genome editing, commonly called CRISPR, terminology in...
Fed Circuit Watch: Single Reference Obviousness Finding Does Not Require Motivation to Combine
Two cases decided recently by the Court of Appeals for the Federal Circuit discuss the oft-problematic area of 35 U.S.C. §103, or the nonobviousness requirement. This is the second case, Realtime...
Fed Circuit Watch: No Error in Reconsideration of Non-Instituted Ground of Unpatentability
Two cases decided recently by the Court of Appeals for the Federal Circuit discuss the oft-problematic area of 35 U.S.C. §103, or the nonobviousness requirement. AC Technologies S.A. v. Amazon.com,...
Fed Circuit Watch: Later-Filed, Earlier-Expiring Patent Not Appropriate as Obviousness-Type Double Patenting Reference
An interesting case which revolved around the interplay between differing patent terms, patent term extension under 35 U.S.C. §156, and obviousness-type double patenting was decided on December 7,...
Fed Circuit Watch: PTAB Messed Up Obviousness Analysis (Again)
The Patent Trial and Appeal Board (PTAB) seems to have bungled an obviousness analysis (again), and was dinged by the Court of Appeals for the Federal Circuit in E.I. DuPont de Nemours v. Synvina...
Fed Circuit Watch: Opioid Addiction Drug Patent Not Obvious
On September 10, 2018, the Court of Appeals for the Federal Circuit decided Orexo AB v. Actavis Elizabeth LLC, in what turns out to be a fairly straightforward analysis of an obviousness case under...
Fed Circuit Watch: Broad Wins Latest CRISPR Court Battle
103 fed circuit watch interference motivation to combine obviousness patent posita reasonable expectation of success techpat
| On September 10, 2018, the Court of Appeals for the Federal Circuit decided Regents of the Univ. of Calif. v. Broad Inst., Inc., in the latest court battle in the CRISPR patent challenge pitting...
Fed Circuit Watch: PTAB Error to Not Consider Arguments in Reply Brief
On August 27, 2018, the Court of Appeals for the Federal Circuit handed down Ericsson Inc. v. Intellectual Ventures I LLC, in which the rules played an important role in decisions made in the case....
Fed Circuit Watch: Hyperlinked Material in Federal Register Notice is Prior Art
What constitutes prior art is not as easy as it may seem. While it may be uncontroverted that a Federal Register notice is prior art, the hyperlinked materials in that notice is what was at issue in...
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