Dutch e-cigarette manufacturer NJOY attacked a patent held by its competitor VMR Products, a subsidiary of Juul Labs. The challenged patent (EP 3 626 092, “EP’092”) related to an electronic cigarette, ...

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“The CD did not set out any alternative methodology for assessing inventive step, but it explicitly disapproved of the ‘closest prior art’ approach and thereby implicitly rejected the ...

Attorneys can tailor obviousness arguments to the EPO’s problem-solution approach and to individual examiners at the USPTO, say sources The USPTO and EPO are two of the most important patent offices ...

The Background: While the U.S. Supreme Court rejected Amgen's functionally defined anti-PCSK9 antibody claims based on its high bar for enablement, the European Patent Office ("EPO") found such broad ...

Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO In patent litigation in Europe, validity ...

If the invention is initially claimed only in broad terms, the examiner may narrowly read the claims to avoid prior art. If such mistakes are made, the subject-matter is claimed too broadly from the ...