Anticipate This!™ | Patent and Trademark Law Blog

KSR Aftermath: Not One Iota of Change at the CAFC?

Posted in Practice Commentary by Jake Ward on May 25, 2007

According to this article at Intellectual Asset Magazine, as first pointed out over at Patently-O and the Patent Prospector, CAFC Justice Rader has apparently “revealed that he believed the recent KSR v. Teleflex decision handed down by the Supreme Court would not lead to “great changes” in the way the Federal Circuit looks at obviousness.”  In fact, he told delegates of the recent CIP Forum in Sweden that “the judgment in the first CAFC decision [LeapFrog Enterprises Inc v Fisher-Price Inc] on obviousness post-KSR had actually been written before the Supreme Court’s decision was handed down and ‘did not require one iota of change’.”

JW Note:  Is the CAFC apparently unconcerned about the effects of KSR because the CAFC had already adjusted their framework for obviousness analyses in anticipation of the ruling (See, e.g., Dystar Textilfarben GMBH & Co Deutschland KG v. C.H. Patrick, Co., et al.Alza Corporation v. Mylan Laboratories, Inc., et al., and Ormco Corporation, et al. v. Align Technology, Inc. etc)?

CAMBIA’s Patent Lens.

Posted in General Commentary, Practice Commentary by Jake Ward on May 25, 2007

Some time back, Michael Gorman of the Tech LawForum had notified AT! about a company called CAMBIA, located in Canberra, Australia.  CAMBIA has established the “Patent Lens” project; a free, searchable patent database designed primarily for bio-tech patent searching. 

According to CAMBIA, the Patent Lens resource comprises a fully text-searchable patents database, and contains over 5,500,000 patents and patent applications from the PCT, US, and EPO databases.  Patent Lens includes the life sciences collections from these jurisdictions and has recently added all patent classifications from the US applications and granted patents.

We’ve had an opportunity to try out the Patent Lens search engine, and found it fairly useful.  The service allows keyword searching of the full text, as well as specific sections of patents and patent applications. It also provides easy access to INPADOC family and legal status data.  From a biotech and life sciences standpoint, the service now appears to include a search function for protein and DNA sequences.

Further notable features are: 1) a “predicted expiry date” function (although the function admittedly does not take into account features such as terminal disclaimers, term adjustments, etc.) that allows searching for patents that are in-force versus expired; and 2) RSS alerts for automatic updates on patent search queries.