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. ยง103, or the nonobviousness requirement. This is the second case, Realtime...
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
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: 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...
Fed Circuit Watch: No Challenge to Partial Institution Raises No SAS Issue
On June 7, 2018, the Court of Appeals for Federal Circuit handed down PGS Geophysical AS v. Iancu, which has a tangential relationship to the WesternGeco LLC, of the recent WesternGeco LLC v. ION...
Fed Circuit Watch: Motion-Tracking Patent Beats Obviousness Finding
This is the second of a trio of recent Federal Circuit precedential cases that have dealt with the law of obviousness that we will review for this blog. Here, in Elbit Systems of America, LLC v....
Fed Circuit Watch: Who Let the Cat Out? Faulty USPTO Obviousness Analysis
On February 9, 2018, the Court of Appeals for the Federal Circuit handed down Polaris Indus., Inc. v. Arctic Cat, Inc., where a Fed Circuit panel criticized the invalidation of all 38 claims of...
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