Tag Archives: Patents

Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.

Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand. On August 6, 2013, in Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Reyna, Davis) affirmed the … Continue Reading

Patent Watch: Apple, Inc. v. Int’l Trade Comm’n

[E]vidence relating to all four Graham factors — including objective evidence of secondary considerations — must be considered before determining whether the claimed invention would have been obvious to one of skill in the art at the time of invention. On August 7, 2013, in Apple, Inc. v. Int’l Trade Comm’n, the U.S. Court of … Continue Reading

Patent Watch: Ass’n for Molecular Pathology v. Myriad Genetics, Inc.

A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring. On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc., the U.S. Supreme Court affirmed-in-part and reversed-in-part the Federal Circuit judgment, … Continue Reading

Patent Watch: Dey, L.P. v. Sunovion Pharms., Inc.

“[A]n agreement of confidentiality, or circumstances creating a similar expectation of secrecy, may negate a ‘public use’ where there is not commercial exploitation” [even] when an unaffiliated third party is responsible for the allegedly public use. On May 20, 2013, in Dey, L.P. v. Sunovion Pharms., Inc., the U.S. Court of Appeals for the Federal … Continue Reading
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