Tag Archives: Prior Invention

Federal Circuit Smells A Rose In Crestor Conception

In Teva Pharmaceutical Industries, Ltd. v. AstraZeneca Pharmaceuticals LP, the Federal Circuit took what could be one of its last looks at the requirements for establishing prior invention under 35 USC § 102(g)(2). The court determined that although conception requires some appreciation of the claimed subject matter, it does not require an understanding of all … Continue reading this entry

Federal Circuit Won't Let Creative Compounds Muscle Its Way Into Priority Of Invention

In Creative Compounds, LLC v. Starmark Laboratories, the Federal Circuit clarified that the “clear and convincing” burden of proof applies to an allegation of prior invention unless an action is brought under 35 USC § 291 or the parties identify and agree on common claimed subject matter and seek an adjudication of priority.  While Patent … Continue reading this entry

Prior Invention In The U.S. Requires A Prior U.S. Inventor

In Solvay S.A. v. Honeywell International, Inc., the Federal Circuit discussed the contours of 35 USC § 102(g)(2). The court found that Honeywell’s prior (secret) use of the process claimed in Solvay’s patent did not qualify as an invalidating prior invention because Honeywell was not an original inventor of the subject matter at issue. This case underscores … Continue reading this entry