Supreme Court Distinguishes Novelty, Obviousness In Weighing Medical Method Patent Eligibility

The U.S. Supreme Court heard oral arguments Dec. 7 on the patent eligibility of methods of medical diagnosis and treatment under 35 U.S.C. §101, but the debate turned early and often to the relative roles of Section 101 versus patentability issues of anticipation and obviousness under Sections 102 and 103…

BNA INSIGHTS: Was the Concern That the Supreme Court’s KSR Case Ruling Was a Game-Changer Justified? Not for Chemical Cases Before the Federal Circuit

In the immediate aftermath of the U.S. Supreme Court’s ruling in KSR v. Teleflex, 1 many thought there would be…

Crocs Wins Reversal of International Trade Commission’s Patent Obviousness, Noninfringement Findings

Crocs Inc. won a reversal of obviousness and noninfringement findings involving its patented shoes Feb. 24, as the U.S. Court of Appeals for the Federal Circuit overturned…

Safe Harbor for Double Patenting Divisional Applies When ‘Consonant’ with Restriction, Appeals Court Rules

A drug patentee was allowed to continue litigating a patent that will expire 25 years after its application was submitted, as the U.S. Court of Appeals for…