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On May 30, 2012, the Court of Appeals for the Federal Circuit (“CAFC”) put further gloss on the term “common sense” as used by the Supreme Court in the 2007 case of KSR v. Teleflex.
This new case (Mintz v. Dietz & Watson) involved a patent on casings for hot dogs with a woven mesh pattern. The CAFC opinion criticized the district court for finding the patent claim to have been obvious, under the “common sense” rubric. The CAFC explained that “common sense” is a “shorthand label for knowledge so basic that it certainly lies within the skill set of an ordinary artisan.”
- Supreme Court, snowed by ACLU smear campaign, resurrects archaic requirement of “invention” as a test of patent eligibility.
- State of Vermont Declares War on “Patent Trolls”
- Are Human Genes Patentable?—The Experts Weigh In
- Spark Your Creativity: participate online in Tina Seelig’s MOOC via Stanford’s Venture Lab
- Patentability: “non-obviousness” and “common sense”
- Sunrise Periods for First Wave of gTLDs Are Now Open
- ALJ Bullock Finds Respondents In Default And Denies Motion To Terminate In Certain Tires (337-TA-894)
- ALJ Bullock Terminates Investigation As To Wheel Warehouse In Certain Tires (337-TA-894)
- ALJ Gildea Denies Summary Determination Regarding Unclean Hands And Standing In Certain Integrated Circuit Devices (337-TA-873)
- Otsuka Alleges Premature Notice From a Repeat Offender in SAMSCA Patent Infringement Case
- English Court Of Appeal Confirms That Follow-On Competition Damages Actions Can Include Conspiracy Elements in the Claim but Only ‘In Rare Cases’