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Coverage since November 3, 1994

Utility Patent

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WMS Gaming v. International Game Technology — Federal Circuit on Functional Claims and Specification Disclosure for Software Inventions

The Federal Circuit addressed the requirements for functional claim limitations in software-implemented gaming machine patents, reinforcing that functional language in claims must be supported by adequate structural or algorithmic disclosure in the specification — a key ruling on the § 112 disclosur

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DePuy Spine, Inc. v. Medtronic Sofamor Danek — Obviousness Requires Showing Why a Skilled Artisan Would Have Combined Prior Art References, Not Just That Combination Was Possible

The Federal Circuit reversed a finding of obviousness in a spinal implant patent case, holding that the district court failed to identify a sufficient motivation or reason why a person of ordinary skill would have combined the cited prior art references — possibility of combination is not enough; th

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DyStar Textilfarben GmbH v. C.H. Patrick Co. — TSM Test Is Flexible; Common Knowledge and Common Sense Can Supply Motivation to Combine

The Federal Circuit held a textile dye process patent invalid as obvious, clarifying that the teaching-suggestion-motivation (TSM) test for obviousness is flexible and allows motivation to combine to be found in common knowledge, common sense, and efficiency goals — not just explicit documentary evi

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Ormco Corp. v. Align Technology, Inc. — Orthodontic Aligner Patents Invalid as Obvious; Commercial Success Based on Unclaimed Features Does Not Save Claims

The Federal Circuit invalidated Align Technology’s patents on incremental orthodontic aligners as obvious over prior art, holding that packaging convenience and commercial success driven by aesthetic and unclaimed features cannot overcome a prima facie case of obviousness.

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