CAFC Affirms Invalidation of Claims, Which Required Knowledge of Skilled Artisan to Supplement Omissions in Prior Provisional Application

On May 21, 2018, the U.S. Court of Appeals for the Federal Circuit (CAFC) delivered the opinion in D Three Enterprises v. Sunmodo, which affirmed a summary judgment decision that invalidated patent claims, because the claims were not properly supported by a priority provisional application. Central to the District Court’s decision (affirmed by the CAFC) was that the claims of the patent in suit were broader than the disclosure of the provisional application…

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CAFC Reverses Decision by PTAB Based on Improper Assertion of “Ordinary Creativity”

The U.S. Court of Appeals for the Federal Circuit (CAFC) again reversed a decision by the Patent Trial and Appeal Board (PTAB) of the U.S. PTO. In this matter, DSS v. Apple, the PTAB erred by relying on what it called “ordinary creativity” in its obviousness analysis, particularly because the claim limitation was not “unusually simple,” the technology was not “particularly straightforward,” and the PTAB’s conclusion lacked appropriate explanation or evidentiary support…

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CAFC Reverses PTO for Ignoring Functional Language Associated with “Coupled to” Claim Limitation

In In re Power Integrations, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. PTO (finding patent claims to be anticipated by prior art), based on the PTO’s excessively broad interpretation of the term “coupled to”…

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