Challenging Hal Wegner on Patent Law and the Constitution
Typically I let what Hal writes slide off my back because I don't take him seriously. Having said that, the other day he did one of his trademark hatchet jobs on an article I wrote titled The...
View ArticleUnderstanding Obviousness: John Deere and the Basics
When approaching an obviousness determination it is essential to understand what makes the invention unique. It is also necessary to start to envision the arguments that can be made to distinguish the...
View ArticleWhen is an Invention Obvious?
That being said, the possibility that a utility patent could be obtained cannot be definitively ruled out even if an invention seems quite likely to be obvious, which is one of the biggest problems...
View ArticleWhy Removing Section 101 Won’t be Enough
Removing section 101 would remove the language granting patents only to processes, machines, manufactures, compositions of matter, or new and useful improvements thereof. These categories however have...
View ArticleCAFC Vacates and Remands Inconsistent Rulings by the Board on Validity of two...
The Board failed to address all grounds for proposed rejections under the APA by ignoring certain arguments made by Vicor during the reexamination. Additionally, the Board failed to address all four...
View ArticleCAFC Affirms Invalidation of Water Recreation Device Patent Over Newman Dissent
In Zup v. Nash Manufacturing, ZUP filed suit, alleging contributory infringement and induced infringement of the patent-at-issue, trade secret misappropriation under Virginia law, and breach of...
View ArticlePetition for En Banc Review Asks Federal Circuit for Clarity on Single...
The focus of the appeal is the need for clarity with respect to hopelessly irreconcilable caselaw on the issue of single reference obviousness... Decisions from the Federal Circuit have created an...
View ArticleFederal Circuit Treatment of ‘Commercial Success’ in Hatch-Waxman Cases
In order to establish that the commercial success factor supports a non-obviousness finding, the patentee must establish that a connection (or nexus) exists between the novel aspects of the patent...
View ArticleThe Supreme Court Should Grant Cert in Zup to Correct Obviousness Doctrine
On behalf of nonprofit, U.S. Inventor, Inc., and over a dozen other amici, Flachsbart & Greenspoon, LLC has submitted a Brief of Amici Curiae urging the Supreme Court to grant certiorari from the...
View ArticleAnother PTAB Casualty: Emmy Awarded Wireless Microphone Technology Could Be...
On October 25, the AIPLA Annual Meeting will host a Patent Trial and Appeal Board (PTAB) Inter Partes Review (IPR) trial to determine the fate of a pair of patents issued by the U.S. Patent and...
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