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Nonobviousness of Commercially Successful Designs: Mmm, Mmm, Not So Fast

USA - August 31 2021 It is said that Andy Warhol painted the famous Campbell’s Soup Cans after an art gallery proprietor told him to paint “something you see every day and…

Peter J. Cuomo, Adam P. Samansky

Tip #4 for Avoiding IPR Institution: Don’t Argue Facts

USA - November 9 2020 We’ve previously written that the best defense to an IPR challenge is avoiding IPR institution altogether. In addition to the other tips discussed in…

Brad M. Scheller

IPR and fast-moving district court litigation: PTAB formalizes the analysis for balancing efficiency and fairness

USA - July 17 2020 The Patent Trial and Appeal Board (“PTAB”) has designated two key institution decisions as “Informative.” With these informative decisions, the PTAB…

Michael T. Renaud, Adam S. Rizk, Daniel B. Weinger

Filling the Hole with Common Sense: When Evidentiary Support is Adequate

USA - July 6 2020 The Federal Circuit recently reaffirmed a case where common sense was used to supply a missing element in a § 103 obviousness analysis. On June…

Peter J. Cuomo

Shifting “Sands”: New Facts on the Ground Justify Institution of a Previously-Denied IPR

USA - June 25 2020 In a rare reversal, the Patent Trial and Appeal Board (“PTAB”) reassessed the Fintiv factors in a decision on a petition for rehearing of a previous…

Michael T. Renaud, Adam S. Rizk, Daniel B. Weinger