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Patents Prior Art Technology

AEON Law

Patent Poetry: Federal Circuit Finds No Motive to Combine in Laser Projector Patent Case

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The Federal Circuit has reversed a finding by the Patent Trial and Appeal Board (PTAB or Board) that certain challenged claims of a patent for a method for aligning a laser projector with respect to a work surface are...more

Axinn, Veltrop & Harkrider LLP

Lights, Camera, Action: GoPro’s Section 101 Arguments Head to the Federal Circuit

Today, the Federal Circuit will hear oral argument in Contour IP Holding LLC v. GoPro, Inc., Case Nos. 2022-1654, -1691, once again stepping into complex questions of patentable subject matter pursuant to 35 U.S.C. § 101...more

Axinn, Veltrop & Harkrider LLP

Is Common Sense Simple?

In analyzing patent obviousness, how “simple” must the relevant technology be in order for “common sense” to supply a limitation missing in the prior art? Ever since the Supreme Court referenced “common sense” five times...more

Jones Day

Failure to Prove “Prior” Art Results in Denial

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The PTAB recently denied IPR institution in Sophos v. Open Text because the petitioner failed to show a reasonable likelihood that the asserted reference was, in fact, prior art.  IPR2023-00732, Paper 23 (November 2, 2023)....more

Weintraub Tobin

District Court Finds Mobile Payment Patents Not Invalid Under 35 U.S.C. § 101

Weintraub Tobin on

In Mobile Equity Corp. v. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter...more

McDermott Will & Emery

If You Can’t Build it, They Won’t Come: No Obviousness Based on Fanciful Engine Design

McDermott Will & Emery on

Reaffirming that a person of ordinary skill in the art must have been able to actually create a disclosure at the time of invention in order for it to serve as an obviousness reference, the US Court of Appeals for the Federal...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Remands CBM Review Decision, Asks PTAB to Explain Meaning of Part One of “Technological Invention” Exception

The Federal Circuit vacated a PTAB decision invalidating all challenged claims of U.S. Patent No. 8,908,842 (’842 Patent) and ordered the PTAB to reconsider whether the patent should have been disqualified from covered...more

Knobbe Martens

Even Non-Obvious Patent Claims May Lack Inventive Concepts

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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

Knobbe Martens

Subject Matter Eligibility May Rest on Whether Software is “Technological”

Knobbe Martens on

Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent...more

Troutman Pepper

When Can Common Sense be Relied Upon to Find an Invention Obvious?

Troutman Pepper on

All patent practitioners recognize that a single prior art reference can be used to reject claims in an obviousness rejection. However, the issue is whether the Patent Office must provide additional evidence, above and beyond...more

McDonnell Boehnen Hulbert & Berghoff LLP

In Defense of Patenting

Fritz Machlup, an economist, once said that if we didn't have a patent system it would be irresponsible to recommend one, but since we have one, it would be irresponsible to abolish it. An Economic Review of the Patent...more

Perkins Coie

Let The Race Begin: U.S. Joins The World In Rewarding The First Inventor To File

Perkins Coie on

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations...more

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