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Unraveling the Puzzle of Obviousness: Exploring the Raytheon Techs. Corp. v. General Electric Co. Case
- 09.01.2023
By Babak Akhlaghi on September 1, 2023. In a typical case involving obviousness rejection under 35 U.S.C. § 103, the key issue often revolves around whether a prior art reference teaches a specific claim limitation or if a skilled artisan would have been motivated to […]
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Data Compression Claims Deemed Ineligible by Federal Circuit: Impact on Software-Based Inventions
- 08.28.2023
By Babak Akhlaghi on August 28, 20223. The Federal Circuit held that claims directed to digital data compression are not patent eligible. Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251 (Fed. Cir. Aug. 2, 2023). Realtime filed suit alleging infringement of seven patents […]
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Unveiling the Impact of Optional Language “May” in a Patent Application
- 08.17.2023
By Babak Akhlaghi on August 17, 2023. A Brief Legal History: Understanding Reissue Patents Patent owners have the option to seek a broader scope of coverage for their invention by filing a continuation application with the United States Patent and Trademark Office while their original […]
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Cracking the Code: Understanding Obviousness Challenges and the Motivation to Combine Prior Art
- 08.09.2023
By Babak Akhlaghi on August 8, 2023. The Federal Circuit reversed the Board’s non-obviousness finding, holding that the key question in obviousness determination is whether a skilled artisan would be motivated to combine different references to achieve the claimed invention not the references. Axonics, Inc. […]
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Transcend Abstract Concepts: A Comprehensive Understanding of Patent Eligibility
- 07.28.2023
By Babak Akhlaghi on July 28, 2023. The Federal Circuit upheld a decision of the district court that claims directed to poll based networking system are not patent eligible. Trinity Info Media, LLC v. Covalent, Inc., Case No. 22-1308 (Fed. Cir. July 14, 2023) (Stoll, […]
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Co-Inventor’s Triumph: Federal Circuit Affirms Contribution to Hose Patents
- 07.20.2023
By Babak Akhlaghi on July 20, 2023. The Federal Circuit upheld a decision of the district court to amend inventorship, determining that the alleged co-inventor made significant contributions to the conception of at least one claim in each contested patent. Blue Gentian, LLC v. Tristar […]
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Joint Inventorship – Understanding the Meat and Potatoes of Invention Contributions
- 07.17.2023
In a reversal of the district court’s decision, the Federal Circuit determined that an alleged inventor, who was not named in the patent application, did not qualify as a joint inventor. This was due to the alleged inventor’s contribution being deemed too insignificant when considered […]
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Making Sense of the Patent Eligibility Restoration Act of 2023
- 06.30.2023
By Babak Akhlaghi on June 30, 2023. The Patent Eligibility Restoration Act of 2023 proposes several findings by Congress. Among these is the assertion that the U.S. Supreme Court and other courts have established judicial exceptions to the language of the existing patent eligibility section […]
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Analogous References: the Same Field or Problem Domain as the Invention
- 06.16.2023
By Babak Akhlaghi on June 16, 2023 The US Court of Appeals for the Federal Circuit has overturned the Patent Trial & Appeal Board’s determination of obviousness, stating that a prior art reference concerning automotive engine parts is not analogous to the challenged patent, which […]
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Unruly Distribution: Meeting 101 Conditions in Computer-related Claims
- 05.22.2023
In Sanderling Management Ltd. vs. Snap, Inc., the Federal Circuit held that a method for using distribution rules to load digital image branding functions to users when certain conditions are met are not patent eligible under 101. The claim in question recited: 1. A computerized […]
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