2023 Court Prima Facie Case 
Patently O
NOVEMBER 29, 2023
by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund (No. Fortinet (No.
Patently O
FEBRUARY 27, 2024
Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. The updated guidance underscores that the factual inquiries set forth by the Supreme Court in Graham v.
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At the Lectern
APRIL 17, 2025
Racial Justice Act dissenting vote Justice Goodwin Liu wanted to issue an order to show cause in In re Manjikian , but he was the only member of the court who did. 5th 834, the Supreme Court found unavailing an equal protection attack. Part I is here. In People v. Hardin (2024) 15 Cal.5th See here and recently here.) See here.)
Patently O
JUNE 15, 2023
By Chris Holman In re Couvaras , 2023 WL 3984753 (Fed. June 14, 2023) A prima facie obvious combination of prior art chemical compounds can sometimes be deemed nonobvious if the result of the combination is sufficiently surprising, such as when a combination of pharmaceutical active ingredients results in an unexpected synergy.
Patently O
DECEMBER 4, 2023
Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus filed by Cozy, Inc. seeking to set aside a district court discovery order piercing attorney-client privilege. 2023-145 (Fed. by Dennis Crouch In a recent decision, the U.S. In re: Cozy, Inc. , 21-cv-10134-JGD. quoting Mohawk Indus.,
Conflict of Laws
JANUARY 15, 2023
The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The previous approach to service outside Australia in the Federal Court.
Patently O
DECEMBER 13, 2023
” The court also endorsed reliance on inherency to satisfy claim limitations not found in earlier claims. I’ll note here en banc petition briefing continues in the OTDP/PTA case of In re: Cellect, LLC. 13, 2023) (non-precedential). Cellect’s petition has been supported by 10 amicus briefs. 2022-1896 (Fed.
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