Fed. Circ. Raytheon Ruling Shifts Obviousness Analysis

By John Nilsson (June 18, 2021, 1:18 PM EDT) -- In Raytheon Technologies Corp. v. General Electric Co.[1], the U.S. Court of Appeals for the Federal Circuit returned to one of the more interesting issues in patent law jurisprudence — the distinctions between analyzing an anticipatory reference under Title 35 of the U.S. Code, Section 102, and analyzing an obviousness reference (or combination of references) under Section 103.

It's long been the case that anticipation references must be "enabled" or "enabling" (we'll get into the difference) to be invalidating. Obviousness references, though, haven't needed to be.

In Raytheon, the court collapsed the distinction, at least between anticipation references and single-reference or...

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