Obviousness

PTAB Invalidates GUI, but Leaves Obviousness Test Gooey

On February 9, 2023 the PTAB issued a Final Written Decision in Early Warning Services, LLC and Samsung Electronics Co., Ltd. v. WePay Global Payments LLC, determining the design claim of US D930,702 (“D’702”) unpatentable, as both anticipated and obvious based on a single reference, Reddy, US 2018/0260806 A1 (“Reddy”). See Consolidated PGR2022-00031 and PGR2022-00045, … Continue Reading

PTAB Concludes Artificial Intelligence Medical Device Patent Is Not Obvious

By Ryan N. Phelan on December 12, 2022 Posted in Artificial Intelligence, Inter Partes Review, IPR, Machine Learning, Obviousness

Artificial Intelligence (AI) typically involves certain common aspects. This includes, for example, training data, AI training algorithm(s) that use the training data to train an AI model, and predictions and/or classifications as output from the trained AI model. Could a person of ordinary skill in the art (e.g., a computer scientist) find it obvious to … Continue Reading

Federal Circuit Remands Decision on Motion to Amend to Board to Apply and Interpret Aqua Products and SAS Institute

By Kate Nuehring Su on June 26, 2018 Posted in Inter Partes Review, Obviousness, PTAB

The Federal Circuit’s recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018) tasked the PTAB with reconciling the Supreme Court’s SAS Institute decision (discussed here) with its en banc decision in Aqua Products regarding the burden of proof on motions to amend (discussed here).… Continue Reading