Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged secondary indicia · clear
Written by : Alistair J. McIntyre & Brandon G. Smith Volvo Penta of the Americas, LLC, v. Brunswick Corp. Before Moore , Lourie, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : The Board must consider the combined weight of…
CAFC Faults PTAB Nexus Presumption A proper obviousness analysis under Graham v. John Deere analyzes four factors: (1) the scope and content of the prior art; (2) the differences between the prior art and the patent claims; (3) the level of ordinary skill…
Unrebutted Secondary Indicia Considered in Assessing Becton-Dickinson Factors The submission of so-called “objective indicia of non-obviousness” at the PTAB is rarely effective, especially in the predictable arts (i.e., mechanical/electrical) .…
