News & Analysis as of

Nonobvious

Prior Art Chemical Structures Must Be More Than A “Code Name”

by Jones Day on

The PTAB recently rejected a request for rehearing by Bayer CropScience LP (“Bayer”). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper 15 (P.T.A.B. Apr. 2, 2018). The PTAB stated that when the prior art does...more

Federal Circuit Overturns PTAB’s Unreasonably Broad Claim Construction in Favor of Previously Affirmed District Court Construction

In a recent decision, the Court of Appeals for the Federal Circuit (“Federal Circuit”) overturned the Patent Trial and Appeal Board’s (PTAB or the “Board”) findings of anticipation “[b]ecause the [B]oard’s anticipation...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an...more

Federal Circuit Review - December 2017

by Knobbe Martens on

Claims Directed to Methods for Streaming Audiovisual Data Held Unpatentable Under § 101 - In Two-Way Media Ltd v. Comcast Cable Communications, Appeal Nos. 2016-2531, 2016-2532, the Federal Circuit affirmed the district...more

iLife is Full of Un-Nintendo-ed Consequences

It is a commonplace among patent lawyers to say that if an independent claim is novel and nonobvious, then the corresponding dependent claims must also be novel and nonobvious. See, e.g., MPEP §2143.03 (“If an independent...more

Even Non-Obvious Patent Claims May Lack Inventive Concepts

by Knobbe Martens on

In the recent Two-Way Media v. Comcast decision, the Federal Circuit affirmed a district court’s holding that evidence of non-obviousness was irrelevant to patent eligibility under the Supreme Court’s two-step Alice...more

Reversed! Failure To Assert Robust Nonobviousness Arguments During IPR Led To Reversal By The Federal Circuit

by Orrick - IP Landscape on

Owens Corning v. Fast Felt Corporation, Fed. Cir. (October 11, 2017) - During inter partes review proceedings, the Patent Trial and Appeal Board (“PTAB”) is required to give claims their broadest reasonable construction in...more

Federal Circuit Endorses the Use of a Claim Preamble (Which Isn’t Even a Limitation, Right?) to Find the Claim Was Directed to an...

In Two-Way Media Ltd. v. Comcast Cable Communications, LLC, [2016-2531, 2016-2532] (November 1, 2017), the Federal Circuit affirmed the district court’s determination that the asserted patents were directed to patent...more

Increasing Role of Objective Indicia of Nonobviousness in AIA Proceedings

by WilmerHale on

During inter partes review (IPR) proceedings, a patent owner facing a challenge to a patent’s claims on the basis of obviousness may seek to counter this challenge by presenting evidence of objective indicia of...more

Federal Circuit Finds NuvaRing Patent Nonobvious Without Hindsight

by Foley & Lardner LLP on

In a non-precedential decision issued in Merck Sharp & Dohme B.V., v. Warner Chilcott Co. LLC, the Federal Circuit reversed the district court’s obviousness ruling as being improperly grounded in hindsight. This decision...more

Patent Eligibility of Computer Implemented Inventions in the US

by Knobbe Martens on

At a recent Knobbe Martens and Bugnion SpA Seminar, Vlad Teplitskiy presented on patentable subject matter in the U.S. Please see full publication below for more information....more

Second Chances for Secondary Considerations - Hiding the "Novelty Ball"

Like Johnny Cash’s famous tune “A Boy Named Sue,” “secondary considerations” of non-obviousness suffer for their name. Courts have historically relegated this 4th Graham factor to a “secondary” status, considering objective...more

Federal Circuit vacates injunction against sale of Praluent®

by Goodwin on

As we reported earlier this year, on January 6, 2017, Judge Robinson of the District of Delaware entered a permanent injunction prohibiting the sale of Sanofi and Regeneron’s Praluent® (alirocumab) product after the...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Nidec v. Zhongshan, the entire panel affirms a determination of obviousness but two judges question whether § 315(c) of the AIA was improperly used to permit joinder as to a second Zhongshan petition filed after the...more

Can Unexpected Results Make the Obvious Non-Obvious?

In Honeywell, Int’l Inc. v. Mexichem Amanco Holdings S.A., [16-1996] (August 1, 2017), the Federal Circuit vacated the USTPO’s reexamination decision invalidating claims 1–26, 31–37, 46–49, 58, 59, 61–68, 70–75, 80, and 81 of...more

Unexpected Results of an Obvious Process are Non-obvious

In Millennium Pharmaceuticals, Inc., v. Sandoz Inc., [2015-2066, 2016-1008, 2016-1009, 2016-1010, 2016-1109, 2016-1110, 2016-1283, 2016-1762] (July 17, 2017), the Federal Circuit reversed the district court, finding that...more

PTAB Grants-in-Part Rare Motion to Amend Based on Unexpected Results

by Knobbe Martens on

The PTAB granted-in-part a patent owner’s motion to substitute claims based on evidence of secondary considerations of nonobviousness in Valeo North America, Inc. v. Schaeffler Technologies, AG & CO. KG, IPR2016-00502, Paper...more

Secondary Considerations Carry The Day

by Jones Day on

We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations of non-obviousness were sufficient to...more

Federal Circuit Holds Objective Indicia Must Be Linked to Novel Features

by Jones Day on

In Novartis AG v. Torrent Pharms. Ltd. (2016-1352), the Federal Circuit affirmed the PTAB’s decision in consolidated IPR proceedings (IPR2014-00784, IPR2015-00518) invalidating all claims of U.S. Patent 8,324,283. In doing...more

Failure of Licensee to Mark May Upend $15.7 Million Damage Award

In Rembrandt Wireless Technologies, LP v. Samsung Electronics CO., LTD., [2016-1729] (April 17, 2017), the Federal Circuit affirmed the district court’s claim construction and denial of Judgment as a Matter of Law (JMOL),...more

Board Denies Kyle Bass Challenge Against Biogen’s Tecfidera® Patent In View of Unexpected Results

by Knobbe Martens on

The PTAB issued a Final Written Decision finding that Biogen’s patent on treating Multiple Sclerosis (“MS”) with a certain dose amount was not obvious because the clinical efficacy exhibited by administering this dose amount...more

The University of Pennsylvania Overcomes Kyle Bass’s Obviousness Challenge to Juxtapid® Patent Claims Using Commercial Success

by Knobbe Martens on

The PTAB issued two final written decisions upholding The University of Pennsylvania’s claims to methods of treating high cholesterol based, in part, on commercial success and the meaning of a “printed publication” in...more

Who Will Own New Designs in a Jetsons-like Era?

While on my flight back from speaking on trademarks & the alcohol industry at this year’s CiderCon, I listened to a fascinating TedTalks podcast on advancements in artificial intelligence that you can find here. Some of the...more

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