In KSR v. Teleflex, the Supreme Court described numerous reasons for combining or modifying prior art references in an obviousness analysis. The Court also made clear that these reasons need not be explicitly set forth in the prior art references themselves. In
Read More
Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case. There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin
Read More
As a follow-up to our original post on the Prometheus case, we did a search to see if there were other patents related to the ones struck down by the U.S. Supreme Court, i.e., U.S. Patent No. 6,355,623 and 6,680,302. These patents
Read More
If your business is based on patented diagnostic test methods, you may want to pay attention today’s U.S. Supreme Court opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. In this case, the Court unanimously reversed the Federal Circuit Court of Appeals
Read More
The patent infringement lawsuit filed by Yahoo on Monday has caused quite a stir. Not only has the timing of the suit raised eyebrows because of Facebook’s impending IPO, but so has the subject matter of the patents-in-suit. A closer look at
Read More
“How can they get a patent on that”? This is a question I’ve heard countless times from clients after receiving a cease and desist letter threatening to sue them for patent infringement. Patent examination is ex parte, so only the applicant and
Read More