News & Analysis as of

Common Sense Exception

Tyson & Mendes LLP

“Thinking Out Loud” About Ed Sheeran’s Use of The Nuclear Verdict Defense Methods

Tyson & Mendes LLP on

Ed Sheeran is one of the most popular musicians of all time: 23 of his songs have gone multiplatinum, he is a four-time Grammy award winner, he reportedly holds the title for the highest-grossing tour of all time (though he...more

Downey Brand LLP

Statue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra Statue

Downey Brand LLP on

The Second District of the Court of Appeal on June 8 ordered publication of its May 12 opinion affirming the denial of a writ of mandate that challenged the City of Buenaventura’s removal and relocation of a statue of...more

Fenwick & West LLP

Obviousness, Common Sense and Sensibility: Federal Circuit Ruling Offers Cautionary Tale for Patent Applicants

Fenwick & West LLP on

The U.S. Supreme Court’s 2007 decision in KSR International v. Teleflex altered the obviousness inquiry under 35 U.S.C. § 103 in determining whether a claimed invention passes muster under the Patent Act. The KSR Court...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2020

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In This Issue - Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions - Interest in artificial intelligence has become so keen that questions previously found only in works...more

Jones Day

Not So Common Sense? Reliance on Common Sense to Establish Obviousness

Jones Day on

In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), the Supreme Court stated that “common sense” can be considered in reaching a conclusion that a claimed invention is obvious. Since then, both litigants and patent...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - October 2016

New Record Deal Reached in TCPA Settlement - In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise...more

McDermott Will & Emery

Generalized Common Sense Allegations Cannot Be Used to Supply Important Missing Claim Limitation

McDermott Will & Emery on

Addressing the use of common sense for an obviousness analysis, the US Court of Appeals for the Federal Circuit held that conclusory statements about common sense cannot be used to supply missing claim limitations that play a...more

McDermott Will & Emery

Double-Checking Alice Using Common-Sense Distinctions Between Ends and Means

McDermott Will & Emery on

Following its decision in Enfish (IP Update, Vol. 19, No. 6), the US Court of Appeals for the Federal Circuit provided additional guidance on determining whether a patent claim includes an inventive concept, thereby rendering...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Emphasizes that an Obviousness Analysis Based on Common Sense Must be Supported by Substantial Evidence and...

A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more

Hinshaw & Culbertson LLP

Commonsense Misconduct Not so "Common": Illinois Supreme Court Significantly Narrows Use of Commonsense Rationale in Employee...

In the absence of a rule prohibiting specific conduct, employers can no longer rely merely on what one would deem "commonsense" to deny unemployment benefits. In Petrovic v. Department of Employment Security, the Illinois...more

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