News & Analysis as of

Patents Commercial Success

Knobbe Martens

Free Samples and Fillers: No Teaching Away or Commercial Success

Knobbe Martens on

INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall, and Taranto.  Appeal from the Patent Trial and Appeal Board. Summary: No teaching away when art does not disparage invention and free samples cannot...more

Knobbe Martens

Evidence of Commercial Success and the Prior Art

Knobbe Martens on

YITA LLC V. MACNEIL IP LLC - Before Taranto, Chen, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Evidence of commercial success that relates entirely to an individual claim element that was...more

Jones Day

Spoonful of Commercial Success Overcomes Obviousness Rejection

Jones Day on

The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica Lineberry. The PTAB found...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Federal Circuit Addresses Commercial Success

In academic settings, objective indicia of non-obviousness are sometimes presented as a common way of rebutting contentions that a claimed invention is obvious.  These indicia, set forth in Graham v. John Deere Co. and...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (July 19-23): Considering Secondary Considerations

As expected, the Senate has voted to confirm Tiffany Cunningham as the Federal Circuit’s newest judge. This makes history, giving the Federal Circuit its first ever Black judge and bringing the Court to gender parity for the...more

McDermott Will & Emery

Subjective Preference Is No Excuse for Ignoring Teaching Away

McDermott Will & Emery on

Addressing the issues of teaching away and commercial success, the US Court of Appeals for the Federal Circuit remanded a case to the Patent Trial and Appeal Board (PTAB) to reconsider its final written decision issued in one...more

Knobbe Martens

Federal Circuit Review - November 2017

Knobbe Martens on

Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend - In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent...more

Jones Day

Secondary Considerations Win Again

Jones Day on

As we have previously discussed (on February 1, March 1, March 30, and May 19), reliance on secondary considerations of non-obviousness has been hit or miss for patent owners trying to convince PTAB panels that the secondary...more

Akin Gump Strauss Hauer & Feld LLP

Recent PTAB Decision Highlights Importance of Secondary Considerations in Obviousness Challenges

Obviousness challenges are popular post-grant challenges before the Patent Trial and Appeal Board (PTAB). Generally, under 35 U.S.C. § 103 (“§ 103”), the courts make legal and factual inquiries into (1) the scope and content...more

Akin Gump Strauss Hauer & Feld LLP

Insufficient Showing of Public Availability of Prior Art and Strong, Unrebutted Evidence of Commercial Success Defeats IPR...

The Patent Trial and Appeal Board (PTAB) has issued a final written decision determining that the Coalition for Affordable Drugs VIII, LLC (“Coalition” or “Petitioner”) failed to demonstrate that claims 1-10 of U.S. Patent...more

Knobbe Martens

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

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

McDermott Will & Emery

Expected Toxicity of Claimed Immunoconjugates Thwarts Showing of Prima Facie Obviousness (Phigenix, Inc. v. Immunogen, Inc.,...

In an inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (Board) upheld the patentability of Phigenix’s patent claims that were challenged on the basis of obviousness. Phigenix, Inc. v. Immunogen, Inc.,...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide