Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Invalidity (§ 102/§ 103)

Sections 102 and 103 of the Patent Act make a claim invalid if the invention was already available to the public or would have been obvious to a person of ordinary skill in the art. Anticipation under § 102 requires a single prior art reference disclosing every limitation; obviousness under § 103 asks whether the differences between the claim and the prior art would have been obvious, considering the scope of the prior art, the level of skill, and objective evidence such as commercial success or long-felt need. An issued patent is presumed valid, and invalidity must be proved by clear and convincing evidence. The opinions here address both grounds, at summary judgment and after trial.

574 opinions and orders, showing 201–400.