Obviousness, Patents | JD Supra Law News

Patent Watch: Allergan, Inc. v. Sandoz Inc.

by Lawrence M. Sung | BakerHostetler on 5/8/2013

On May 1, 2013, in Allergan, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Prost,* O'Malley) affirmed-in-part and reversed-in-part the district court's judgment that U.S. Patents No. 7,642,258,...more

Intellectual Property Laws Amendment (Raising The Bar) Act 2012: Amendments Relevant To Validity (Updated 15 April 2013)

by Freehills Patent Attorneys on 4/16/2013

The following section will discuss: - Written description and enablement, amendment - Obviousness - Usefulness....more

AIA Impact on Start Up Capital [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/15/2013

An important consideration following the implementation of the America Invents Act is how will the law will affect capital raises for critical start-ups and emerging companies. In this video, Robert Greene Sterne, a founding...more

Federal Circuit Finds Obviousness-Type Double Patenting Without Common Ownership

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 3/13/2013

Obviousness-type double patenting usually arises between commonly-owned patents or patent applications. While the USPTO has interpreted the judicially-created doctrine as pertaining when there is common or overlapping...more

Patent Watch: In re Hubbell

by Lawrence M. Sung | BakerHostetler on 3/11/2013

On March 7, 2013, in In re Hubbell, the U.S. Court of Appeals for the Federal Circuit (Newman, O'Malley* Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision upholding the patent examiner's rejection...more

In re Hubbell (Fed. Cir. 2013)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 3/8/2013

In a 2-1 decision issued earlier today, the Federal Circuit affirmed a determination by the Board of Patent Appeals and Interferences upholding the rejection of the claims of U.S. Application No. 10/650,509 for...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

by Knobbe Martens Olson & Bear LLP on 2/28/2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

IP Update, Vol. 16, No. 2, -- February 2013

by Evan Boetticher, Christopher Bright, Sarah Bro, Bernard Codd, Gabriel Daniel, Melissa Nott Davis, Paul Devinsky, Daniel Foster, D. Jeremy Harrison, Charles Hawkins, Sungyong “David” In, more +Christopher M. Koepke, John Low, Jennifer Mikulina, Sarika Singh, Rose S. Whelan | McDermott Will & Emery on 2/28/2013

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the Place...more

USPTO Finalizes "First Inventor to File" Rules

by Loeb & Loeb LLP on 2/26/2013

The United States Patent and Trademark Office (USPTO) finalized the rules of practice implementing the "first inventor to file" provision of the America Invents Act (AIA). The rules take effect March 16, 2013. The "first...more

NZ Patent Oppositions – Why Do I Need Expert Evidence?

by Tracey Hendy | Freehills Patent Attorneys on 2/13/2013

In our continuing series of articles on New Zealand patent oppositions, we look at the topic of expert evidence and why it is critical to establishing obviousness....more

The Patent-Antitrust Interface: Are There Any No-No's Today?

by William Coston | Venable LLP on 1/31/2013

Antitrust law and patent law are legal tectonic plates – always in motion, occasionally converging, occasionally diverging, and occasionally moving in parallel relation. As patent suits have recently multiplied, the...more

Federal Circuit Review - Volume 3 | Issue 1 - January 2013

by Knobbe Martens Olson & Bear LLP on 1/29/2013

In This Issue: • Prior Litigation Precludes Lawsuit • Disclosure of Broad Genus Does Not Disclose Species • Preamble Limits Claims - Excerpt from Prior Litigation Precludes Lawsuit: In...more

Patent Watch: Soverain Software LLC v. Newegg Inc.

by BakerHostetler on 1/28/2013

Although both sides had presented witnesses and evidence on the question of obviousness, the district court's removal of the legal question from the jury did not violate the right to jury trial....more

Patent Watch: C.W. Zumbiel Co. v. Kappos

by Lawrence M. Sung | BakerHostetler on 1/10/2013

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

Federal Circuit Review - Volume 2 | Issue 12 December 2012

by Knobbe Martens Olson & Bear LLP on 12/31/2012

In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

News from Abroad: Speculation Invalidates Invention?

by McDonnell Boehnen Hulbert & Berghoff LLP on 12/24/2012

Originally published in Forresters on December 23, 2012. Over the past few years the UK patents courts have moved closer to the approach of the European Patent Office (EPO) on inventive step. In particular, the UK...more

Patent Watch: In re Rosuvastatin Calcium Patent Litig.

by Lawrence M. Sung | BakerHostetler on 12/20/2012

"The law does not require that no competent attorney or alert inventor could have avoided the error sought to be corrected by reissue." On December 14, 2012, in In re Rosuvastatin Calcium Patent Litig., the U.S. Court of...more

Patent Watch: ArcelorMittal Fr. v. AK Steel Corp.

by Lawrence M. Sung | BakerHostetler on 12/5/2012

[T]he commercial success of the embodiment with additional unclaimed features is to be considered when evaluating the obviousness of the claim, provided that embodiment's success has a sufficient nexus to the claimed and...more

Federal Circuit Holds the Reexamination Door Open in In Re Baxter

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 11/30/2012

When the Federal Circuit denied the Request for Panel Rehearing and Rehearing en banc in In re Baxter, the court let stand its two decisions that affirmed conflicting rulings on the validity of the same patent....more

Federal Circuit Upholds Board Determination That Biotechnology Invention Was Obvious

by Foley & Lardner LLP on 10/2/2012

In In re Droge, the Federal Circuit upheld the decision of the USPTO Board of Patent Appeals and Interferences that found that claims directed to recombinant biotechnology methods were obvious. At 8 pages, the decision is one...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Obviousness › Patents

Patent Watch: Allergan, Inc. v. Sandoz Inc.

Intellectual Property Laws Amendment (Raising The Bar) Act 2012: Amendments Relevant To Validity (Updated 15 April 2013)

AIA Impact on Start Up Capital [Video]

Federal Circuit Finds Obviousness-Type Double Patenting Without Common Ownership

Patent Watch: In re Hubbell

In re Hubbell (Fed. Cir. 2013)

Federal Circuit Review - Volume 3 | Issue 2 February 2013

IP Update, Vol. 16, No. 2, -- February 2013

USPTO Finalizes "First Inventor to File" Rules

NZ Patent Oppositions – Why Do I Need Expert Evidence?

The Patent-Antitrust Interface: Are There Any No-No's Today?

Federal Circuit Review - Volume 3 | Issue 1 - January 2013

Patent Watch: Soverain Software LLC v. Newegg Inc.

Patent Watch: C.W. Zumbiel Co. v. Kappos

Federal Circuit Review - Volume 2 | Issue 12 December 2012

IP Update, Vol. 15, No. 12, December 2012

News from Abroad: Speculation Invalidates Invention?

Patent Watch: In re Rosuvastatin Calcium Patent Litig.

Patent Watch: ArcelorMittal Fr. v. AK Steel Corp.

Federal Circuit Holds the Reexamination Door Open in In Re Baxter

Federal Circuit Upholds Board Determination That Biotechnology Invention Was Obvious

AIA Impact on Start Up Capital [Video]

Expand Your Reach