Category Archives: Obviousness

Kubin Analysis Continued

Posted on April 8, 2009 by Warren Woessner

My last post began a rather selective analysis of In re Kubin, which the Federal Circuit decided on April 3, 2009 (see previous post for citations to this and related decisions). Kubin’s claims to DNA molecules encoding sequences including that … Continue reading →

Posted in Obviousness | Tagged biotechnology, Federal Circuit, Goodwin, Hoeksema, Kubin, Lilly vs. UC, patent attorney, patent gap, patents, valiente, Warren Woessner | Leave a comment

Federal Circuit upholds Board In re Kubin – Resurrects O’Farrell Test of “Obvious to Try”

Posted on April 6, 2009 by Warren Woessner

On April 3, 2009, a three judge panel of the Court of Appeals for the Federal Circuit unanimously affirmed the decision that the Board of Patent Appeals had reached in Ex Parte Kubin. The Board’s decision is discussed in the … Continue reading →

Posted in Obviousness | Tagged board of patent appeals, court of appeals, in re deuel, in re kubin, in re o'farrell, intellectual property, ip, Kubin, Lilly vs. UC, O'farrell test, patents, Warren Woessner | Leave a comment

Federal Circuit Split Decision

Posted on March 24, 2009 by Warren Woessner

Federal Circuit Split Decision on ‘Public Accessibility’ of Internet Posting, Patent Strategy & Management, April, 2008 Federal Circuit Split Decision