KSR Archive

Federal Circuit Holds Western Union Patents Invalid for Obviousness

By Robert H. Bejcek II | Filed in CAFC, IP Litigation, KSR, Obviousness, Patent, Patent Litigation

 

In 2009, in the District Court for the Western District of Texas, a jury found MoneyGram had infringed upon four patents owned by Western Union.[1]  However, upon appeal by MoneyGram, the Federal Circuit recently reversed that decision and found the four patents were invalid for obviousness in view of prior art presented during the jury trial.[2]  The patents, in general, pertained to a system of monetary transfers that do not require the completion of forms.[3]  These “formless” transfers were based upon a system developed by a company named Orlandi Valuta in 1997.[4]  Read the remainder of this entry »

Three Years After KSR: Examination Guidelines Update

By Robert H. Bejcek II | Filed in KSR, Obviousness

In early September the U.S. Patent and Trademark Office released updated examination guidelines which are to be used by patent examiners to conduct obviousness analyses consistent with recent case law.  This update comes three years after the hallmark Supreme Court decision in KSR International Co. v. Teleflex Inc.[1], which outlined a flexible approach to the principles of obviousness effectively opening the floodgates for waves of obviousness rejections.  For the more patent savvy reader, below is a copy of the appendix released along with the update.  The appendix succinctly summarizes by topic the “teaching points” of important judicial decisions since KSR.  For the full text of the update, click here.

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Is Your Invention Obvious? The USPTO Probably Thinks So.

By Dominic A. Frisina JD, MA | Filed in KSR, Obviousness, Patent, Patent Prosecution

As all patent holders are aware, inventions must be new, useful, and non-obvious in order to be patentable. But developments in US case law over the last several years, most notably the 2007 case of KSR Intl. v. Teleflex Inc., have made obviousness rejections much more difficult to overcome.[1] Particularly, in some cases it is now permissible to use the heretofore disallowed “obvious to try” argument to find an invention obvious. The United States Patent and Trademark Office (USPTO) now routinely rejects claims that would have been allowable pre-KSR, and arguably should be allowable even now in view of KSR. Furthermore, many issued patents may now be vulnerable to invalidation under the new standard for obviousness.

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