With this thought, we started thinking about – How to solve this case?
We started with the basic search to understand the level of availability of required information in the patent literature.
This means we have to first find sources that talk about composition.
We found that the academic literature discloses composition information, however, still the level of details that we required were not described in the literature. We called all the team members involved in the project and brainstormed on what is something that we have not looked at but may give us some hints.
A divided panel on that court has provided insights into where things stand with regards to obviousness post- the patent at issue claims a method for processing liver cells that involves subjecting frozen and thawed liver cells to “density gradient fractionation” in order to separate viable cells from non-viable ones.
The viable cells are then frozen and thawed again “without requiring” a second density gradient step.
We observed that patents disclosing filters with the gas adsorbing material were abundant.
However, the specific composition requirements were not being met.
(6) First, the requestor files an invalidation request. Thereafter, the requestor files a response to the patentee’s reply.All knowledge in the prior art can now be cited to distinguish a true innovation from a mere product of connecting the dots in the relevant field.The court’s enigmatic guidance is the subject of ongoing interpretation in the lower courts, not least in the Federal Circuit, which hears all appeals from patent cases.Or if you receive a letter threatening a patent Infringementinfringement lawsuit? If you have reason to believe that the patent is invalid and never should have been issued (based on your knowledge of the industry or the results of a prior art search), you may be able to challenge the patent’s validity using a United States Patent and Trademark Office (USPTO) process that is much cheaper than litigation.If the USPTO finds the patent to be invalid, then the threat of a patent infringement lawsuit may diminish or even disappear altogether.