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Intellectual Property

Apr. 9, 2024

Significance of ‘objective criteria’ in determination of patent validity

The Federal Circuit’s decisions signal its determination to emphasize the significance of objective criteria in obviousness analyses. Attorneys representing patent owners should gather and present as many such factors as possible to overcome invalidity challenges.

Dariush Adli

President, ADLI Law Group

444 S Flower St
Los Angeles , CA 90071

Email: adli@adlilaw.com

Univ of Michigan Law Sch; Ann Arbor MI

Two recent decisions of the Federal Circuit Court of Appeal, which has plenary jurisdiction over patent appeals, highlight the importance of “secondary considerations,” also known as “objective criteria,” and the weight allocated to them in evaluating patent invalidity based on obviousness.

In its more recent decision, Inline Plastics Corp. v. Lacerta Group, LLC (Fed. Cir., Mar. 27, 2024, No. 2022-1954) 2024 WL ...

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