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In Koninklijke Philips N.V. v. Google LLC et al.,1 the Federal Circuit reaffirmed that the “general knowledge” of a person of ordinary skill in the art can be used to supply a missing claim limitation in an obviousness analysis during inter partes review under 35 USC § 311(b). Google LLC (“Google”) filed a petition with the Patent Trial and Appeal… Read more »
While the recent holding in Univ. of California v. Broad Institute, Inc.1, will certainly have long-reaching and important implications in the fight for control over CRISPR-based technology, the Federal Circuit’s opinion also provides additional confirmation that an obviousness determination must demonstrate a “reasonable expectation of success” when combining references from the prior art. The case arises… Read more »
A recent decision from the Federal Circuit, though nonprecedential, may help provide some boundaries to the scope of analogous art in the context of an obviousness rejection. In Smith & Nephew Inc., v. Hologic, Inc.,1 the Federal Circuit determined that a prior art reference used to establish a prima facie case of obviousness by the USPTO Examiner, did not… Read more »
In Honeywell v. Mexichem, the Federal Circuit found that the PTAB committed legal error during an inter partes reexamination by improperly relying on inherency to find obviousness and in its analysis of motivation to combine references.1 The claims of the patent owned by Honeywell are directed to a heat transfer composition that is a mixture of the tetrafluoroproene… Read more »
A recent decision from the Federal Circuit indicates that the order in which a court considers evidence attempting to demonstrate non-obviousness is not important, so long as it is considered. In prosecution, this translates to an increased need for strong declarations when traversing obviousness rejections. In Eli Lilly and Co. v. Perrigo Co., the United States… Read more »
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