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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. Of course, the PHOSITA level is fact dependent and changes according to the area of technology or market.

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An incredible invention (incredible = not credible).

Patently O

On appeal, though, the Federal Circuit found that the USPTO had presented a prima facie case by noting that the invention: “violates the first law of thermodynamics,” is “contrary to traditional understanding of chemistry,” and “violates the classical laws of physics” including conservation of mass. .”

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Supreme Court on Patent Law: November 2023

Patently O

Hamilton Technologies (No. 23-575): This case involves a dispute over the PTAB’s obviousness finding and the Federal Circuit’s affirmation, particularly focusing on the qualifications of an expert witness, the proper interpretation of claim terms, etc. Hamilton Technologies, No. Fortinet (No. Fortinet, No.

Court 73
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Hyatt v. Hirshfeld: A perfect storm that overwhelmed the PTO

Patently O

To be clear, Hyatt’s applications focus on fundamental aspects of microchip and integrated circuit technology and so could be extremely valuable as enforceable patents. 52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches.

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Supreme Court will decide easement, sentencing cases

At the Lectern

.” The dissent said that the sentencing decision “rested on multiple statements that were improper” and the appellate court “must reverse when, as is the case here, we ‘cannot determine whether the improper factor was determinative for the sentencing court.’ Uber Technologies, Inc. ,