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Objective Evidence in Determining Obviousness

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS - Before Moore, Lourie, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: A close prima facie case of obviousness can be overcome by strong evidence of objective...more

Plausible Factual Allegations Concerning Inventive Concepts Preclude Motion to Dismiss

COOPERATIVE ENTERTAINMENT, INC. v. KOLLECTIVE TECHNOLOGY, INC. - Before Moore, Lourie, and Stark. Appeal from the United States District Court for the Northern District of California. - Summary: Plausible allegations...more

Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed

PAVO SOLUTIONS LLC v. KINGSTON TECHNOLOGY COMPANY, INC. Before: Lourie, Prost, and Chen.  Appeal from the United States District Court for the Central District of California. Summary: A court can correct obvious minor...more

Written Description: What Is the Proper “Dosage” to Satisfy This Requirement?

BIOGEN INTERNATIONAL GMBH V. MYLAN PHARMACEUTICALS INC. Before O’Malley, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of West Virginia. Summary: A specification may not...more

The Obviousness of Preamble Limitations Can Be a Real Headache for Patent Challengers

ELI LILLY AND COMPANY v. TEVA PHARMACEUTICALS  - Before Lourie, Bryson and O’Malley.  Appeal from the Patent Trial and Appeal Board. Summary: In claims for methods of using apparatuses or compositions, statements of...more

Court Grants Relief From Judgment After Witness Lies About the Bed of Its Own Making

CAP EXPORT, LLC v. ZINUS, INC. Before Dyk, Bryson, and Hughes. Appeal from the United States District Court for the Central District of California. Summary: A judgment and injunction were properly set aside pursuant to...more

Institutions Propose Digital Health Passports During the COVID-19 Pandemic

As countries around the world begin administering COVID-19 vaccines, many institutions, both governmental and private, are considering the possibility of requiring proof of COVID-19 status to travel, work, and attend...more

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