R&H’s Processes for Preparing Emulsion Polymers with Improved Opacity Not Invalid over the Prior Art that Does Not Include a “Swelling Agent” Narrowly Construed by the PTAB

ORGANIK KIMYA AS v. ROHM AND HAAS COMPANY: October 11, 2017. Before Prost, Newman, and Taranto.   Takeaway: Where a patent specification uses the word ‘include’ immediately followed by the phrase ‘are those which,’ the element is properly limited to the embodiments “which exhibit the functional characteristics thereafter described.” Procedural …

Enablement from a Provisional Application Must Be Supported by the Disclosure and Not Require Undue Experimentation by a Person Having Ordinary Skill in the Art

STORER v. CLARK: June 21, 2017.  Before Prost, Newman, and Dyk.   Takeaway: In order for a non-provisional patent application to be enabled by the provisional patent application from which it takes priority, the disclosure in the provisional patent application must enable one having ordinary skill to produce the claimed …

The Board’s Decision Finding Waterproof Leather Claims Unpatentable as Obvious Affirmed by the CAFC, a Person of Ordinary Skill Need Not Have the Same Motivation as the Patent’s Inventor

OUTDRY TECHNOLOGIES CORPORATION, v. GEOX S.P.A.: No. 2016-1769; June 16, 2017.  Before Dyk, Moore, and Rena. Takeaway: The motivation to combine inquiry is not limited to the problem faced by the inventor of a patent. Procedural Posture: Outdry appealed from the Board’s decision in an IPR finding that claims 1-15 of its …

Federal Circuit Upholds Injunction and Comments Upon the Appropriate Test for Infringement Under the Doctrine of Equivalents in Chemical Cases

MYLAN INSTITUTIONAL LLC v. AUROBINDO PHARMA LTD:  May 19, 2017. Before Lourie, Moore and Reyna.   Takeaway: CAFC ruled the district court did not err in granting preliminary injunction because the district court correctly determined defendant was unlikely to prove invalidity of one patent-in-suit, even though the district court did err …