LYNK LABS, INC. v. SAMSUNG ELECTRONICS CO., LTD.
During an IPR, A published patent application, regardless of whether it has matured into a patent, is available as prior art as of its date of filing.
During an IPR, A published patent application, regardless of whether it has matured into a patent, is available as prior art as of its date of filing.
Public use of an invention that is ready for patenting more than one year before filing patent application (pre-AIA) or prior to filing patent application (post-AIA) is a bar to patentability.
A reference that contains an obvious typographical error that would have been apparent to a person of ordinary skill in the art such that the person would disregard or correct the error does not disclose the subject matter contained in that error.
A design claim is limited to the article of manufacture identified in the claim.
An improved result, without more stated in the claim, is not enough to confer eligibility to an otherwise abstract idea. To be patent-eligible, the claims must recite a specific means or method that solves a problem in an existing technological process.
Invocation of common sense properly accompanied by reasoned analysis and evidentiary support serves a critical role in determining obviousness.
The Federal Circuit reverses a rejection that was based on a manuscript submitted by the inventor to the U.S. Copyright Office more than one year before the filing of the patent application because the Office did not establish when the manuscript was indexed and publicly accessible.
A patent claiming priority to a provisional application can be a prior art reference under § 102(e) when all subject matter relied upon for a rejection is found in both the patent and the provisional application.
Whether a publication posted to a non-indexed FTP site is 102(b) prior art raises a genuine issue of material fact.