Topic: throughout the obviousness determination, a patent retains … · Go Syfert
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Topic #34524

3 canonical passages across 3 cases, quoted by 10 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Rockwell International Corporation v. The United States, and Sdl, Inc., Third Party Defendant/cross-Appellant.

#Case FlagCanonical passage Citers
1 Rockwell International Corporation v. The United States, and Sdl, Inc., Third Party Defendant/cross-Appellant Anchor
ca3 · 1998
green “throughout the obviousness determination, a patent retains its statutory presumption of validity, see 35 u.s.c. 282 , and the movant retains the burden to show the invalidity of the claims by clear and convincing evidence as to underlying facts.” 4
2 Richardson-Vicks Inc. v. The Upjohn Company, Defendant/cross-Appellant, and McNeil Inc. And Johnson & Johnson
cafc · 1997
green “it is well understood that there are factual issues underlying the ultimate obviousness decision.” 3
3 The Kegel Company, Inc., and Dba Products Company Inc. v. Amf Bowling, Inc.
cafc · 1997
green “(1) the scope and content of the prior art; (2) the differences between the claims and the prior art; (3) the level of ordinary skill in the pertinent art; and (4) secondary considerations, if any, of nonobviousness.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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