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Category: "103"

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Fed Circuit Watch: PTAB Decisions Questioned in Light of SAS and Aqua Products

On June 19, 2018, the Court of Appeals for the Federal Circuit issued Sirona Dental Systs. GmbH v. Institut Straumann AG. The case is important because two other recent court decisions – SAS and...

SCOTUS Watch: Supreme Court Vacates CBM Scope Definition

On May 14, 2018, the U.S. Supreme Court granted PNC Bank National Assoc.’s petition for writ of certiorari and vacated the Fed Circuit’s ruling limiting the scope of a covered business method (CBM),...

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

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....

Fed Circuit Watch: Common Sense Cannot Replace Evidentiary Support

On March 23, 2018, the Court of Appeals for the Federal Circuit handed down DSS Techs. Mgmt., Inc. v. Apple Inc., reversing two IPR decisions in Apple’s favor on a DSS-owned patent which the PTAB...

Fed Circuit Watch: Well-Prepared Lexicography Dooms Claim Term as Obvious

This, unfortunately, was a bad week for Steuben Foods, Inc., since this is the second case it lost at the Federal Circuit against the same adversary, Nestlé Foods. This time, in Nestle USA, Inc. v....

Fed Circuit Watch: Google Upends Patent Troll’s Claims as Obvious

This is the third recent precedential case issued by the Court of Appeals for the Federal Circuit in January that disposed of patent claims as obvious. This case is noteworthy because the losing...

Fed Circuit Watch: Motion-Tracking Patent Beats Obviousness Finding

This is the second of a trio of recent Federal Circuit precedential cases that have dealt with the law of obviousness that we will review for this blog. Here, in Elbit Systems of America, LLC v....

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