Fed Circuit Watch: No Overlap Required for Prima Facie Obviousness Between Claimed & Prior Art Ranges

103 fed circuit watch obviousness patent

On March 27, 2018, the Court of Appeals for the Federal Circuit ruled in In re Brandt, which is just another case in a long line of cases dealing with ranges and obviousness under 35 U.S.C. §103.  The facts are as follows. Gregory A. Brandt and John B. Letts, the application-at-issue’s two inventors, and Firestone …

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CannabIP: U.S. Patent No. 9,889,100 B2

Cannabis IP patent

U.S. Patent No. 9,889,100 B2 issued on February 13, 2018, for “Cannabidiol for Treatment of Severe and Refractory Graft-Versus-Host Disease.”  The inventor is Moshe Yeshurun, and the applicant/assignee is Mor Research Applications Ltd., of Tel Aviv, Israel.  Mor Research is the patenting and licensing division of Clalit Health Services, the largest of four state-mandated HMOs …

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Fed Circuit Watch: Unreasonably Broad PTAB Claim Construction Reversed

102 BRI fed circuit watch patent

On March 19, 2018, the Court of Appeals for the Federal Circuit rejected, in In re Power Integrations, Inc.,[1] a PTAB decision finding that claims were invalidated as anticipated as unreasonably overbroad.  The claim construction was subject in an ex parte reexamination of Power Integrations’ U.S. Patent No. 6,249,876 (‘876).  ‘876 is directed to “Frequency …

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Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim

102 112 fed circuit watch patent PCT pre-AIA priority Written Description

On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc.,[1] which deals with many areas in patents, including foreign applications, priority claims, 35 U.S.C. §103, 35 U.S.C. §112, and pre-AIA treatment for examination.  This case was heard before a panel composing of Judges Newman, …

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