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Making a Proper Determination of Obviousness

Patently O

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. One oddity of the analogous arts guidance is that it cites Netflix, Inc. DivX, LLC, 80 F.4th 4th 1352 (Fed.

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Supreme Court on Patent Law: November 2023

Patently O

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent.

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No straight grants at yesterday’s conference

At the Lectern

A concurring justice asserted that “statistical evidence can be sufficient on its own to make a prima facie case.” There were two criminal case grant-and-holds , both additional cases waiting for a decision in People v. Rojas (2023) 15 Cal.5th ” Arbitration unconscionability.

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Recitation of a Previously Unappreciated Mechanism of Action Does Not Overcome Prima Facie Obviousness of Drug Combination

Patently O

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.

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No Mandamus Relief in Privilege Ruling

Patently O

2023-145 (Fed. The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.” In re: Cozy, Inc. , 21-cv-10134-JGD.

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Federal Circuit Continues to Apply Strict Obviousness-Type Double Patenting Analysis

Patently O

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. 13, 2023) (non-precedential). Cellect’s petition has been supported by 10 amicus briefs. 2022-1896 (Fed.

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The drop in straight grants is indeed not permanent — Part I

At the Lectern

Superior Court (2023) 15 Cal.5th 2023) 97 Cal.App.5th In another case involving the Racial Justice Act (see Montgomery above and Avalos below), the court issued an order to show cause, returnable in the superior court, in In re Naddi , a pro per’s habeas corpus petition. 2024) 99 Cal.App.5th Workers’ Comp.