The US Court of Appeals for the Federal Circuit affirmed a district court non-obviousness decision, finding that a prior art reference that articulates a goal without explaining how that goal is achieved does not provide a...more
Addressing secondary considerations of non-obviousness, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) obviousness decision, finding that skepticism does not need to be...more
The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more
4/3/2019
/ Amended Complaints ,
Appeals ,
Dismissals ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Intellectual Property Protection ,
Inventors ,
Judicial Notice ,
Leave to Amend ,
Misappropriation ,
Motion to Amend ,
Motion to Dismiss ,
Non-Disclosure Agreement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Public Information ,
Time-Barred Claims ,
Trade Secrets
The US Court of Appeals for the Federal Circuit found that the US Patent and Trademark Office (PTO) erred in calculating a patent term adjustment (PTA) for a patent covering an oral osmotic form of an antihypertensive drug,...more
2/28/2019
/ Chevron Deference ,
European Patent Office ,
Failure to Prosecute ,
Information Disclosure Statement ,
Intellectual Property Litigation ,
Patent Applications ,
Patent Cooperation Treaty ,
Patent Litigation ,
Patent Oppositions ,
Patent Term Adjustment ,
Patent Terms ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Request for Continued Examination ,
Reversal ,
Statutory Interpretation ,
Summary Judgment ,
USPTO
The US Court of Appeals for the Federal Circuit affirmed a district court’s obviousness determination, finding that a patentee’s exclusive, in-licensed “blocking” patent limited the weight of secondary factors favoring...more
Addressing public accessibility of prior art, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) obviousness decision, finding that widely disseminated materials available on the...more
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding that a specification’s disclosure of broad ranges failed to provide adequate written description for the claimed narrow...more
In an unusual ruling, the Patent Trial and Appeal Board (PTAB) granted a petitioner’s request for rehearing and instituted inter partes review (IPR) on a previously denied ground, finding that it previously had applied an...more
Addressing what qualifies as an invalidating offer for sale under 35 USC 102(b), the US Court of Appeals for the Federal Circuit reversed a district court finding that a distribution agreement was not a commercial offer for...more
The US Court of Appeals for the Federal Circuit affirmed a decision that a patent challenger at the Patent Trial and Appeal Board (PTAB) must prove invalidity by a preponderance of evidence and must establish anticipation...more
The US Court of Appeals for the Federal Circuit reversed a finding of non-obviousness, concluding that the district court clearly erred in relying on selective expert testimony, rather than a totality of the evidence, in...more