Welcome to our blog.  Here you will find resources for inventors and practitioners.  We may also add a touch of whimsy from time to time.

October 27, 2017

Secondary considerations may be presented as evidence to rebut a prima facie of obviousness over the prior art as proscribed by the Supreme Court's decision in Graham v. John Deere.  These secondary considerations may include commercial success, long-felt but unmet need, and copying by competitors.

An interesting discussion of secondary considerations, and specifically commercial success, is the Federal Circuit's recent decision of Merck Sharp & Dohme Corp. v. Hospira, Inc., 2017 U.S. App. LEXIS 21201.

Merck had presented objective e...

October 14, 2017

In Jang v. Boston Sci. Corp., 2017 U.S. App. LEXIS 18825, the Federal Circuit revisited a decade-old controversy.  The case is a good opportunity to see the mechanics behind the ensnarement doctrine and a hypothetical claim analysis. 

The Fed. Circuit reviewed claim 1 of U.S. Patent No. 5,922,021, which recites:

1. A stent in a non-expanded state, comprising:

a first expansion strut pair including a first expansion strut positioned adjacent [*4]  to a second expansion strut and a joining strut of the first expansion strut pair th...

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