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Answer: When it’s too hard to find. The filing of a inter partes review (“IPR”) petition seeking to invalidate an opponent’s patent is a favorite strategy of defendants in patent infringement litigations. Why? Because the common wisdom is that the judges who adjudicate IPR’s are far more likely to invalidate a  patent’s claims for obviousness…

Mock oral arguments should be done before, not after, the briefs have been filed As someone who has argued over a dozen appeals from District Court judgments in patent infringement cases before the Court of Appeals for the Federal Circuit, I’ve frequently been asked to be one of the “mock judges” for mock oral arguments…

One fundamental tenet of the law of obviousness is that it is improper to engage in hindsight – to use the invention described in the claim of a patent as a roadmap to find the various elements of that claim in the prior art, and to then argue that it was obvious to try to…