Tag Archives: Obviousness

You’re So Vague: Federal Circuit Sends IPR Decision Back to PTAB for More Thorough Analysis

In a precedential decision, the Federal Circuit reaffirmed that the Patent Trial and Appeal’s Board (PTAB) is required to explicitly state motivations to combine prior-art references in claim rejections for obviousness.  Rejections that rely on mere statements that a person of ordinary skill in the art reading the prior-art references would understand that the combination … Continue Reading

Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness

A patentee may bring patent infringement claims against the United States government pursuant to 28 U.S.C. § 1498, in which Congress waived the sovereign immunity of the United States against such claims.  Patent infringement actions against the government are similar to those brought against non-governmental entities, but they do have some idiosyncrasies. For example, patent … Continue Reading
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