Here’s the latest.

Federal Circuit Sheds Light on the Test for ‘Analogous Art’ in an IPR

Reported by Tom BenGera on

The Federal Circuit’s recent decision in Donner Technology, LLC v. Pro Stage Gear, LLC concerns the issue of “analogous art” in an inter partes review (IPR). Specifically, how to determine whether a piece of prior art is reasonably pertinent to the particular problem with which the inventor is involved. The Federal Circuit found that the inquiry depends on the extent to which a prior art reference and the claimed invention relate to a similar problem.

Tom BenGera concludes that

[p]ractitioners are encouraged to be mindful of Donner Tech, particularly as they search for (and justify the use of) potentially invalidating prior art in the context of IPRs.

Covered Business Method Threshold Review Is Not Appealable

Reported by Brian A. Jones on

The Federal Circuit recently held that the Patent Trial and Appeal Board’s determination that a patent qualifies for covered business method (CBM) review is not appealable. In his article, Brian A. Jones summarizes the recent decision in SIPCO, LLC v. Emerson Electric Co.