Tag Archives: Hindsight

Federal Circuit Finds NuvaRing Patent Nonobvious Without Hindsight

In a non-precedential decision issued in Merck Sharp & Dohme B.V., v. Warner Chilcott Co. LLC, the Federal Circuit reversed the district court’s obviousness ruling as being improperly grounded in hindsight. This decision provides a welcome reminder that even simple-sounding inventions can be nonobvious, but why is it non-precedential?… Continue reading this entry

Federal Circuit Reviews Safeguards Against Hindsight

In Mintz v. Diets & Watson, Inc., the Federal Circuit vacated the district court’s determination that the claims at issue were obvious. In so doing, the court discussed several steps in an obviousness analysis that can guard against the improper use of hindsight. The court’s emphasis on the importance of objective evidence of non-obviousness is … Continue reading this entry