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Merely Articulating a Goal does not provide Reasonable Expectation of Success

USA - July 4 2019 The US Court of Appeals for the Federal Circuit affirmed a district court non-obviousness decision, finding that a prior art reference that…

Skepticism does not need to be Based on Impossibility

USA - May 30 2019 Addressing secondary considerations of non-obviousness, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board…

Stick to the pleading when deciding motion to dismiss

USA - March 28 2019 The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in…

“Equal to” means “not exceed” when determining Patent Term Adjustment

European Union, USA - February 26 2019 The US Court of Appeals for the Federal Circuit found that the US Patent and Trademark Office (PTO) erred in calculating a patent term adjustment…

“Blocking Patent” Deterrence Effect May Discount Secondary Considerations for Follow-On Patents

USA - October 24 2018 The US Court of Appeals for the Federal Circuit affirmed a district court's obviousness determination, finding that a patentee's exclusive…