September 12, 2018 | New Jersey Law Journal
Should an Obviousness Analysis Start With Motive?Adding motivational requirements for allowing prior art to be used to start an obviousness analysis might effectively remove knowledge from the public domain.
By Nichole M. Valeyko and Michael H. Teschner
8 minute read
September 19, 2016 | New Jersey Law Journal
Does an Obvious Species Obviate the Entire Claimed Genus?Discussion of what happens, in the patent world, when a species renders some species within the genus obvious, but does not anticipate the genus or anything in it.
By Richard J. Botos and Michael H. Teschner
15 minute read
April 11, 2013 | New Jersey Law Journal
Structure Has Little To Do with Structural ObviousnessA recently denied petition for certiorari from a case originating in N.J. questioned the current method for determining the patentability of molecules. Obviousness had previously been found where there was a high degree of structural similarity between a new molecule and a prior art molecule. Now, courts have required a reason, apart from structure, to even select a particular molecule, a so-called "lead compound," as the starting point of the obviousness analysis.
By Michael H. Teschner and Keir J. LoIacono
9 minute read
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