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Obviousness Appeals Analogous Art

Erise IP

Eye on IPRs, June 2024: What’s Next for the Design Patent Obviousness Test; Federal Circuit Ruling on Printed Matter

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Design Patent Obviousness Test Thrown Out - The U.S. Court of Appeals...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Netflix, Inc. v. DivX, LLC, 80 F.4th 1352 (Fed. Cir....

Netflix petitioned for IPR of a DivX patent related to “trick play” functionality, which allows a user to fast forward, rewind, and scene skip frames. Netflix’s petition argued that the challenged claims would have been...more

McDermott Will & Emery

Hit Rewind: Analogous Art and Field of Endeavor

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Addressing the Patent Trial & Appeal Board’s application of the field of endeavor and reasonably pertinent tests for determining analogous art, the US Court of Appeals for the Federal Circuit found that the Board should not...more

McDermott Will & Emery

Analogous Art Includes Reference a Skilled Artisan Would Reasonably Consult

McDermott Will & Emery on

Addressing the standard for determining whether a prior art reference constitutes analogous art for purposes of an obviousness analysis, the US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial and...more

Knobbe Martens

Federal Circuit Review | August 2015

Knobbe Martens on

Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice - In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held that claims directed to...more

Locke Lord LLP

Federal Circuit Provides Plain Language Test for Analogous Art

Locke Lord LLP on

Whether or not a prior art reference constitutes “analogous art” for purposes of an obviousness inquiry under 35 U.S.C. § 103 has been the subject of debate in many instances. On July 28, 2015, the Federal Circuit, in Circuit...more

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