MERCK & CIE v. GNOSIS S.P.A. (Fed. Cir. 2015) (P) – The teachings of a later prior art reference outweigh contradictory statements in an earlier reference

by Steve Driskill | Dec 17, 2015 | [sub] teaching away, Obviousness

The teachings of a later prior art reference generally outweigh contradictory statements in an earlier prior art reference. Here, for example, although an earlier prior art reference clearly taught away from the claimed invention by stating that the claimed “5-MTHF”...

PROMETHEUS LABORATORIES, INC. v. ROXANE LABORATORIES, INC. (Fed. Cir. 2015) (P) – It is obvious to treat a subset of patients with an otherwise known procedure without unexpected results

by Steve Driskill | Nov 10, 2015 | [sub] motivation, Obviousness

It is generally obvious to treat a limited subset of patients with an otherwise known procedure when there are no unexpected results directly attributable to the patient subset itself. Here, for example, limiting the patient pool for a drug treating irritable bowel...

BELDEN INC. v. BERK-TEK LLC (Fed. Cir. 2015) (P) – Motivation to combine prior art references is not negated by a clash in otherwise inconsequential aspects

by Steve Driskill | Nov 5, 2015 | [sub] motivation, Obviousness

Motivation to combine two prior art references is not negated by a clash in inventive aspects that are inconsequential to the problem addressed by the proposed combination. Here, for example, differences in wire configurations (insulated vs. bare) was found to be...

SPECTRUM PHARMACEUTICALS, INC v. SANDOZ INC. (Fed. Cir. 2015) (P) – A less-than-pure material is generally obvious over a corresponding pure material

by Steve Driskill | Oct 2, 2015 | [sub] motivation, Obviousness

Absent any unexpected advantages, a less-than-pure material in terms of the active component is an obvious variant of a corresponding pure material. Here, for example, the claimed “substantially pure” pharmaceutical compound that was 92–95% pure material was found to...

ABT SYSTEMS, LLC v. EMERSON ELECTRIC CO. (Fed. Cir. 2015) (P) – A naturally implemented solution to a known problem is likely obvious

by Steve Driskill | Aug 19, 2015 | [sub] motivation, Obviousness

A naturally implemented solution to a known problem is likely obvious. Here, for example, a periodic fan cycle that starts with an ‘off’ period rather than an ‘on’ period following the deactivation of a main heating or cooling cycle was found to be “naturally...

GATOR TAIL, LLC v. MUD BUDDY LLC (Fed. Cir. 2015) (NP) – Merely espousing the benefits of its own invention over the state of the art does not teach away

by Steve Driskill | Jun 22, 2015 | [sub] teaching away, Obviousness

Merely espousing the benefits of its own invention over the state of the art is not sufficient for a prior art reference to teach away from combination with certain aspects of the state of the art. Here, for example, a short-tail mud motor with a vertically mounted...