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Analogous References: the Same Field or Problem Domain as the Invention
On Analogous References: the Same Field or Problem Domain as the Invention
- Babak Akhlaghi
- 06.16.2023
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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
On Unruly Distribution: Meeting 101 Conditions in Computer-related Claims
- Babak Akhlaghi
- 05.22.2023
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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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The Grammar Secret: the Article “a” Still Signifies ‘One or More,’ but Requires a Single Component Executing All Functions”
On The Grammar Secret: the Article “a” Still Signifies ‘One or More,’ but Requires a Single Component Executing All Functions”
- Babak Akhlaghi
- 05.02.2023
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In Salazar v. AT&T Mobility LLC, the Federal Circuit held that the wording “a microprocessor” does not require there to be only one microprocessor in an open ended claim; however, subsequent limitations referring to “said microprocessor” require at least one microprocessor to be capable of […]
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Common Law Collateral Estoppel Applies to Board’s decisions
On Common Law Collateral Estoppel Applies to Board’s decisions
- Babak Akhlaghi
- 03.08.2021
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In SYNQOR, INC., v. VICOR CORPORATION, No. 19-1704 (Feb. 22, 2021), the Court held that common law collateral estoppel, also know as issue preclusion, applies to Board’s decisions in inter partes reexaminations. The ‘190 patent issued July 4, 2006, with a family of patents that […]
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The Sole Test for Anticipation in Design Patents is the “Ordinary Observer Test”
On The Sole Test for Anticipation in Design Patents is the “Ordinary Observer Test”
- Babak Akhlaghi
- 02.25.2021
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In MOJAVE DESERT HOLDINGS, LLC, v. CROCS, INC., No. 20-1167 (Feb. 18, 2021), the Court upheld the Board’s finding that the prior art reference failing to show key surfaces in the asserted design patent cannot anticipate it. Crocs owned U.S. Patent No. D517,789 (the ‘798 […]
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