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. One oddity of the analogous arts guidance is that it cites Netflix, Inc. DivX, LLC, 80 F.4th 4th 1352 (Fed.
Patently O
NOVEMBER 29, 2023
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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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.
At the Lectern
APRIL 17, 2025
’ The court concluded, however, that the petition didn’t make a prima facie case — “the allegations of the petition do not support the conclusion that the language cited by petitioner is racially discriminatory or that it reflects racial bias or animus.” See here.)
Patently O
DECEMBER 4, 2023
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.
Patently O
DECEMBER 13, 2023
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claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. 13, 2023) (non-precedential).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.
Conflict of Laws
JANUARY 15, 2023
The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).
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