Category Archives: Obviousness

Otsuka v. Sandoz – Motivation Trumps Structure

Posted on May 9, 2012 by Warren Woessner

The recent decision of the Fed. Cir. in Otsuka v. Sandoz, App. No. 2011-1126, -1127 (Fed. Cir. May 7, 2012) continues the courts admirable work in defining obviousness post-KSR. This case revisits the standards involved in making out a prima-facie … Continue reading →

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Eurand v. Mylan –A “School Of Obviousness”

Posted on April 20, 2012 by Warren Woessner

When I read the April 16th decision (App. No. 2011-1399, -1409 (Fed. Cir. April 16, 2012)) (a copy is available at the end of this post) in which a Fed. Cir. panel of Newman, O’Malley and Reyna reversed a district … Continue reading →

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Obviousness Objections Based On Combinations Of References – Consistent Warnings From The CAFC

Posted on August 31, 2011 by Warren Woessner

By Paul Cole, Professor of Intellectual Property Law, Bournemouth University; Lucas & Co, Warlingham, UK Those prosecuting patent applications before the USPTO, the EPO and other examining patent offices confront on a daily basis objections of the kind: “A is known … Continue reading →

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Nonanalogous Art Lives! In Re Klein

Posted on June 9, 2011 by Warren Woessner

Yesterday, the CAFC decided IN RE ARNOLD G. KLEIN 2010-1411, finding error in the USPTO’s rejection of patent claims based on obviousness, using non-analogous art.  You may find the following useful in your prosecution efforts. (A link to the decision … Continue reading →

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