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 would have allowed for claimed features is not enough.
Continue Reading You’re So Vague: Federal Circuit Sends IPR Decision Back to PTAB for More Thorough Analysis
Obviousness
Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness
By Amy Harwath & Bradley Graveline on
Posted in Patents
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 owners can only sue the government for infringement in the United States Court of Federal Claims, as opposed to a district court, and jury trials are not available in the Court of Federal Claims.
Continue Reading Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness