Insights: Publications Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

JD Supra

Written by Jeffrey S. Marlink
In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ‎Board did not provide the patentee with an adequate opportunity to address a prior art reference ‎that formed a principal basis for its obviousness ruling. The Circuit affirms the invalidation of ‎three Cleveland Clinic patents in Cleveland Clinic Foundation v. ‎True Health, ruling that claims ‎directed to diagnostic tests merely recite laws of nature.‎ In Outdry v. Geox, the Circuit affirms a ‎Board holding that claims of Outdry’s patent directed to methods for ‎waterproofing leather ‎would have been obvious.

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Jeffrey S. Marlink

Senior Patent Attorney

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