Tag Archives: Obviousness

Novartis v. Breckenridge: Obviousness-Type Double Patenting Explained

Without trying to summarize this well-written opinion by Judge Chen, I simply recommend that you store it somewhere and pull it out when you have a tricky obviousness-type double-patenting situation and want a thorough review of the doctrine. The opinion … Continue reading

Posted in Double Patenting, Obviousness | Tagged , , , , , | Leave a comment

Yeda Res. and Dev. v. Mylan – “We don’t need no Stinkin’ Prior Art”

The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and Dev. v. Mylan, … Continue reading

Posted in Prior Art | Tagged , , , , , , , | Leave a comment

Ex parte Galloway – Two Correlations are Better than One

Although, somehow, examiners and PTAB Judges are supposed to refrain from considering anticipation or obviousness when evaluating claim elements for the “inventive step” required for patent eligibility, that’s just not possible. The claims in Ex parte Galloway were directed to … Continue reading

Posted in Obviousness, PTAB | Tagged , , , , , , | Leave a comment

Upcoming Webinar: Top 5 Court Decisions Impacting Future IP Litigation

Within the last few years, the Federal Circuit and Supreme Court have handed down decisions that altered the landscape of both patent prosecution and enforcement, ranging from venue and attorneys’ fees to the standards for obviousness and patent eligibility. Please … Continue reading

Posted in Webinar | Tagged , , , , , , | 1 Comment