Monthly Archives: December 2014

Flashback to 2007 – KSR and Obvious Rejections

While the courts have drifted away from it in some regards, the opinion from the U.S. Supreme Court in KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007) is still helpful in understanding the contours of rejecting patent claims on the basis of obviousness codified at 35 U.S.C. 103. The USPTO Board of Patent Appeals […]

Read More

Federal Circuit rejects Claims as Invalid under 35 U.S.C. 101 — Ultramercial v. Hulu

On November 14, 2014, the Federal Circuit rejected claims of U.S. Patent No. 7,346,545 as not being directed to patent eligible subject matter. See Ultramercial, Inc. v. Hulu, LLC, __ F.3d __ (Fed. Cir. Nov. 14, 2014) (LOURIE, Mayer (concur), O’Malley) (C.D. Cal.: Klausner). The short version — the Federal Circuit affirms a Rule 12(b)(6) dismissal […]

Read More