Patent Law Weblog
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- USPTO Moves to Protect Design Rights for Digital Innovations
- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
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- Why the Alice Test is Stupid, Part V: The Goalposts Keep Moving
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Category: Obviousness
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By Donald Zuhn — Last Thursday, the Federal Circuit upheld a judgment from a District Court that Defendant-Appellant Alphapharm Pty., Inc. had failed to prove invalidity and unenforceability of claims 1, 2, and 5 of U.S. Patent No. 4,687,777 (the ‘777 patent). Specifically, the Federal Circuit held that the District Court did not…
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By Kevin E. Noonan — Although it is well past time to stop the hypocrisy over stem cell patents (see Part I and Part II of this series), the forces aligned against the Thomson human embryonic stem cell patents refuse to do so. This was made evident again this week, when additional voices,…
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By Donald Zuhn — On Monday, the Federal Circuit denied a combined petition for panel rehearing and rehearing en banc filed by Plaintiff-Appellee Pfizer, Inc. The Federal Circuit’s denial of Pfizer’s petition for rehearing en banc was not unanimous, with Judges Newman, Lourie, and Rader each writing their own dissent. Pfizer had been…
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By Kevin E. Noonan — Branch Rickey said "luck is the residue of design" to indicate his belief that good things happen to those who plan carefully. However, sometimes good fortune is an unintended consequence of earlier circumstance, like a folk remedy for an illness thought to have been overcome long ago. In…
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By Christopher P. Singer — Shortly after the Supreme Court released its opinion in KSR Int’l Co. v. Teleflex, Inc., Biotechnology Industry Organization (BIO) president and CEO Jim Greenwood commented on the decision, as well as on the amicus brief the organization had previously filed on behalf of Respondent, Teleflex, Inc. Mr. Greenwood…
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By Kevin E. Noonan — Although the contours of the Federal Circuit’s response to the Supreme Court’s obviousness decision in KSR Int’l Co. v. Teleflex, Inc. are yet to be established, the Court has developed a penchant recently (see Patent Docs previous report) for using an uncharacteristic deference to jury determinations of fact…
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By Kevin E. Noonan — The ink is barely dry on the U.S. Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc., perhaps the most anticipated patent law decision of the year, and pundits and practitioners are trying to assess the impact of the decision on patent law and practice. It is…
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By Kevin E. Noonan — The potential effect of the Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc. on practice before the U.S. Patent and Trademark Office has created the most anxiety among patent applicants and their representatives at the patent bar. This is because the opinion is replete with dicta…
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By Donald Zuhn — In an eagerly awaited decision regarding the Federal Circuit’s "teaching, suggestion, or motivation" (TSM) test for analyzing obviousness, the Supreme Court on Monday issued its ruling in KSR Int’l Co. v. Teleflex Inc. In a 24-page opinion, the Court reversed the Federal Circuit’s determination of validity with respect to…
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By Kevin E. Noonan — To even the most casual observer of the Federal Circuit, the Supreme Court’s interest in the Court’s jurisprudence is startling. After fifteen years of giving scant attention to the Federal Circuit’s development of patent law, the Supreme Court has spent the last decade overturning what was thought to…
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