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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.”
- Gerry Elman to speak on Privacy & Security for the Internet of Things Dec. 8, 2016
- Thank You to TPNG for hosting Gerry Elman and Joshua Waterston’s presentation “Cybersecurity Technical and Legal Challenges (You Can’t Just Check the Box)”
- Gerry Elman is listed in The Best Lawyers in America© in Technology Law
- Sept. 22, 2016 our Elman & Waterston to speak on Cybersecurity Technical and Legal Challenges (You Can’t Just Check the Box) at TPNG meeting in Philadelphia area
- An Ombudsman in Shining Armor: Spotlight on the USPTO Patents Ombudsman Program
- Failure to Let Patent Owner Address Unpatentability Arguments Relied on by the Board Violates Administrative Procedures
- Intellectual Ventures Petitions Federal Circuit for Full Court Review
- Federal Circuit Corrects the Board’s “Too Exacting” Diligence Standard
- Jawbone Fails to Prove Trade Secret Misappropriation by Fitbit at the ITC
- District Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act