IN RE MORSA (Fed. Cir. 2015) (P) – High level of ordinary skill asserted in the specification may lower the bar for enablement of the prior art

by Steve Driskill | Oct 19, 2015 | [sub] enabling disclosure, Anticipation, Prior Art

Statements in the specification asserting a high level of skill in the art may be used to lower the bar for enablement of the prior art as well as the application itself. Here, for example, even high-level descriptions in a prior art press release about “us[ing] the...

DYNAMIC DRINKWARE, LLC v. NATIONAL GRAPHICS, INC. (Fed. Cir. 2015) (P) – A provisional application must also support the later filed claims to qualify as secret prior art

by Steve Driskill | Sep 4, 2015 | [sub] provisional, Prior Art

For a provisional application to qualify as secret prior art under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e), it must support the claims of the application or patent asserting priority thereto. Here, for example, an otherwise anticipatory disclosure found in a...

CIRCUIT CHECK INC. v. QXQ INC. (Fed. Cir. 2015) (P) – Analogous prior art is not demonstrated by simply being within the knowledge of even lay people

by Steve Driskill | Jul 28, 2015 | [sub] analogous art, Prior Art

Prior art is not demonstrated to be analogous to the claimed subject matter by simply being within the knowledge of lay people or even within the knowledge of a person of ordinary skill in the art. Here, for example, three disputed references—rock carvings, engraved...

THE MEDICINES COMPANY v. HOSPIRA, INC. (Fed. Cir. 2015) (P) – Products prepared by a supplier for commercial exploitation by the patentee trigger the on-sale bar

by Steve Driskill | Jul 2, 2015 | [sub] offer for sale, Prior Art

Products embodying the invention and prepared by a supplier for commercial exploitation by the patentee trigger the on-sale bar. Here, for example, a batch of pharmaceuticals marked by the supplier with commercial product codes and customer lot numbers and sent to the...

SENJU PHARMACEUTICAL CO. v. LUPIN LIMITED (Fed. Cir. 2015) (P) – Even statistically insignificant relationships in the prior art establish that the relationship was known

by Steve Driskill | Mar 20, 2015 | Prior Art

Even statistically insignificant relationships disclosed in the prior art can be relied on for establishing that the relationship was known. Here, for example, a prior art document showing effectively no change in permeability was found to contain sufficient data for...

VICOR CORPORATION v. SYNQOR, INC. (Fed. Cir. 2015) (NP) – “Detailed particularity” for incorporating material into prior art shown by mentioning incorporated features

by Steve Driskill | Mar 13, 2015 | [sub] incorporation by reference, Prior Art

The “detailed particularity” required for incorporation of material into a prior art document can be shown by the prior art document mentioning features disclosed only in the incorporated material itself. Here, for example, a “capacitance-multiplying converter” absent...