CIRCUIT CHECK INC. v. QXQ INC. (Fed. Cir. 2015) (P) – Analogous prior art is not demonstrated by simply being within the knowledge of even lay people

by Steve Driskill | Jul 28, 2015 | [sub] analogous art, Prior Art

Prior art is not demonstrated to be analogous to the claimed subject matter by simply being within the knowledge of lay people or even within the knowledge of a person of ordinary skill in the art. Here, for example, three disputed references—rock carvings, engraved...

AIRBUS S.A.S. v. FIREPASS CORPORATION (Fed. Cir. 2015) (P) – The substantial new question of patentability requirement for reexamination does not extend to new claims

by Steve Driskill | Jul 17, 2015 | [sub] reexamination, PTO Procedure

The substantial new question of patentability requirement to institute reexamination proceedings does not extend to claims added after commencement of the reexamination. Here, for example, newly added claims during reexamination were found to be exempt from the...

VERSATA DEVELOPMENT GROUP v. SAP AMERICA, INC. (Fed. Cir. 2015) (P) – Commonplace business methods processing business information on a general computer are not patent eligible

by Steve Driskill | Jul 9, 2015 | [sub] Alice step one, Subject Matter Eligibility

Claims reciting a commonplace business method aimed at processing business information, despite being applied on a general purpose computer, are not patent eligible under 35 U.S.C. § 101. Here, for example, claims drafted to include computer hardware limitations, but...

MOHSENZADEH v. LEE (Fed. Cir. 2015) (P) – Patent term extension afforded to a parent application does not extend to any continuing applications

by Steve Driskill | Jun 25, 2015 | [sub] patent term adjustment, PTO Procedure

Patent term extension afforded to a parent application does not extend to any continuing applications. Here, for example, two divisional applications were found not to be entitled to the patent term adjustment in the parent application arising from the delay in...

G.D. SEARLE LLC v. LUPIN PHARMACEUTICALS, INC. (Fed. Cir. 2015) (P) – Reissue cannot be used to revert an issued continuation-in-part application back to true divisional status

by Steve Driskill | Jun 23, 2015 | [sub] reissue, PTO Procedure

Reissue cannot be used to revert an issued continuation-in-part application back to true divisional status. Here, for example, a reissue application filed to revert a continuation-in-part back to a divisional application and thereby invoke safe harbor protection...