LG Electronics v. Immervision, Inc. (Fed. Cir. 2022)
By Michael Borella — Can a prior art reference with an error be considered to be a disclosure of the erroneous teaching? A Federal Circuit […]
By Michael Borella — Can a prior art reference with an error be considered to be a disclosure of the erroneous teaching? A Federal Circuit […]
By Kevin E. Noonan — Almost four years ago, in a relatively rare occurrence based on there being an insufficient factual record to permit proper […]
By Kevin E. Noonan — Last month in Cornell Research Foundation, Inc. v. Vidal, the Federal Circuit affirmed the Patent Trial and Appeal Board’s determinations […]
By Donald Zuhn –- Earlier today, the Federal Circuit reversed the Final Written Decision, and reconsideration of that decision, by the U.S. Patent and Trademark […]
By Kevin E. Noonan — One of the casualties of the Leahy-Smith America Invents Act in 2012 was 35 U.S.C. § 145, which had provided […]
By Kevin E. Noonan — The Federal Circuit addressed questions of motivation to combine and reasonable expectation of success in finding obviousness as well as […]
By Kevin E. Noonan — In a crowded pharmaceutical art, the deficiencies thereof being so patent that the FDA encouraged industry to address and correct […]
By Donald Zuhn –- Earlier today, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board […]
By Kevin E. Noonan — There are some cases where the Federal Circuit makes its decision based on the eternal verities of patent law (insofar […]
By Kevin E. Noonan — Joint inventorship has been called "one of the muddiest concepts in the muddy metaphysics of patent law" because the "exact […]
By Kevin E. Noonan — The inter partes review (IPR) provisions of the Leahy-Smith America Invents Act have been castigated by many for the propensity […]
By Kevin E. Noonan — The Supreme Court’s decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), at the end of its […]
By Kevin E. Noonan — In a nonprecedential decision, the Federal Circuit gave a mixture of success and failure to the parties in four separate […]
By Michael Borella — In academic settings, objective indicia of non-obviousness are sometimes presented as a common way of rebutting contentions that a claimed invention […]
By Kevin E. Noonan — The Federal Circuit issued three decisions on Monday relating to Eli Lilly & Co’s. challenge in separate inter partes review […]
By Kevin E. Noonan — The Federal Circuit, and the Court of Customs and Patent Appeals before it, generally reviewed decisions by the Patent and […]
By Kevin E. Noonan — In Becton, Dickinson & Co. v. Baxter Corp. Englewood, the Federal Circuit overturned a decision by the Patent Trial and […]
By Michael Borella — The legal concept of obviousness is tricky. A claimed invention is found obvious if the prior art teaches or suggests all […]
By Kevin E. Noonan — In a terse, non-precedential opinion, the Federal Circuit affirmed a district court’s judgment that Defendants Torrent Pharmaceuticals and Indoco Remedies […]
By Kevin E. Noonan — While much has been written about the effect of the post-grant review provisions of the Leahy-Smith America Invents Act (2012) […]
By Donald Zuhn –- Last month, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board […]
Common Sense Prevails By Joseph Herndon — B/E Aerospace, Inc. appealed a final written decision of the Patent Trial and Appeal Board (PTAB) that found […]
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