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ARTICLE · 15 DECEMBER 2014

Federal Circuit Review - Issue 29

Troutman Pepper Locke LLP
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Each week, we succinctly summarize the preceding week of Federal Circuit precedential patent opinions.

United StatesIntellectual Property
Joseph Robinson
Joseph Robinson
Robert Schaffer
Robert Schaffer
Ryan Schneider
Ryan Schneider
Nicole Sullivan Ph.D.
Nicole Sullivan Ph.D.
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Prior Art is "Analogous" When It Is Reasonably Pertinent To The Inventor's Particular Problem.

Scientific Plastic Products, Inc., v. Biotage Ab, No. 2013-1219, 2013-1220, 2013-1221, 2014 U.S. App. LEXIS 17461 (Fed. Cir. September 10, 2014) (Newman, J.). Click Here for a copy of the opinion.

Scientific Plastic sued Biotage for infringing three patents relating to a resealable cartridge for low pressure liquid chromatography (LPLC). Biotage requested inter partes reexamination and the litigation was stayed. The Patent Office cancelled all of the claims of all three patents as obvious and unpatentable, and the Federal Circuit affirmed. The primary issue on reexamination concerned the obviousness of combining the LPLC cartridge shown in the Yamada reference with the pressure-resistant caps of King or Strassheimer, deemed "analogous art" by the patent examiner.

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