Tag Archives: judge dyk

K/S HIMPP v. Hear-Ware Technologies, LLC – Splitting a KSR Hair

In KSR, the Court seemed to encourage the broader use of the “logic, judgment, and common sense available to the person of ordinary skill that do not necessarily require explication in any reference” to resolve the obviousness question.  587 F.3d … Continue reading

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

Should Preambles “Count” – The Debate Continues

On September 13th, the Fed. Cir. reversed a summary determination of non-infringement which turned on the question of whether or not to give weight to a term that appeared only in the preamble of a claim to a prostate treatment … Continue reading

Posted in Infringement | Tagged , , , , , , , , , , | Leave a comment