"The Federal Circuit's tightening of the nexus requirement for secondary considerations of nonobviousness has become one of the most consequential doctrinal developments in patent law over the past decade."
"The court's approach has made it increasingly difficult for patent owners to leverage evidence of commercial success, industry praise, and long-felt need in the obviousness analysis."
"A new case argued this week before the Federal Circuit adds to this story: EagleView Technologies, Inc. v. Nearmap US, Inc., No. 24-1233."
"The question is whether a panel that includes judges known for their skepticism toward secondary considerations will apply that same skepticism symmetrically when it comes to the printed matter doctrine."
The Federal Circuit has made it more challenging for patent owners to utilize evidence of commercial success, industry praise, and long-felt need in nonobviousness evaluations. This trend has been noted in various cases, including Purdue Pharma's petition and the MRI v. Squires decision. A recent case, EagleView Technologies, Inc. v. Nearmap US, Inc., raises questions about whether judges known for skepticism toward secondary considerations will apply the same scrutiny to the printed matter doctrine.
Read at Patently-O
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