KSR\u27s Effect on Patent Law

The Supreme Court in KSR International Co. v. Teleflex Inc. clarified its 1966 decision in Graham v. John Deere, avoiding the sea change to a synergy- based standard that many had expected—and perhaps feared. KSR has raised the bar set in Graham for seeking patent protection—by providing a flexible test for obviousness—while simultaneously making it easier for accused infringers to defend themselves. Moreover, KSR will change the strategies of both patent prosecutors and litigators. Before KSR, the Supreme Court’s last major decision on nonobviousness under 35 U.S.C. § 103 was Graham, in which the Court established three factual inquiries for use in determining prima facie obviousness: the scope and content of the prior art, the differences between the prior art and the claims, and the level of skill in the art. This prima facie case could be rebutted by objective evidence of non-obviousness, such as commercial success, long-felt but unsolved needs, and failure of others. In applying the three Graham factors, the Federal Circuit has used the “teaching, suggestion or motivation” (“TSM”) test. A court using this Federal Circuit standard to determine obviousness would require a showing of some teaching, suggestion or motivation to combine the teachings found in the prior art references. This standard was designed to avoid finding claims obvious based on impermissible hindsight. Many decisions suggested that the motivation must come from the prior art itself rather than from the knowledge of a person having ordinary skill in the art (“PHOSITA”). Other cases, notably several decided after the Supreme Court granted certiorari in KSR, applied a more flexible approach and held that motivation to combine the information contained in the prior art can be found implicitly

KSR\u27s Effect on Patent Law

The Supreme Court in KSR International Co. v. Teleflex Inc. clarified its 1966 decision in Graham v. John Deere, avoiding the sea change to a synergy- based standard that many had expected—and perhaps feared. KSR has raised the bar set in Graham for seeking patent protection—by providing a flexible test for obviousness—while simultaneously making it easier for accused infringers to defend themselves. Moreover, KSR will change the strategies of both patent prosecutors and litigators. Before KSR, the Supreme Court’s last major decision on nonobviousness under 35 U.S.C. § 103 was Graham, in which the Court established three factual inquiries for use in determining prima facie obviousness: the scope and content of the prior art, the differences between the prior art and the claims, and the level of skill in the art. This prima facie case could be rebutted by objective evidence of non-obviousness, such as commercial success, long-felt but unsolved needs, and failure of others. In applying the three Graham factors, the Federal Circuit has used the “teaching, suggestion or motivation” (“TSM”) test. A court using this Federal Circuit standard to determine obviousness would require a showing of some teaching, suggestion or motivation to combine the teachings found in the prior art references. This standard was designed to avoid finding claims obvious based on impermissible hindsight. Many decisions suggested that the motivation must come from the prior art itself rather than from the knowledge of a person having ordinary skill in the art (“PHOSITA”). Other cases, notably several decided after the Supreme Court granted certiorari in KSR, applied a more flexible approach and held that motivation to combine the information contained in the prior art can be found implicitly

Rosas y Lavalle y la expedición del "segundo ejército libertador" (1839-1840)

Entre las numerosas tentativas de las provincias argentinas en el período histórico que media de 1838 a 1852 para librarse de la tutela de Rosas, se destaca ]a campaña libertadora del general Lavalle, la cual, si bien no fué coronada con el éxito - como lo sería en 1852 la cruzada del general Urquiza, - fué, sin embargo, la que puso en más serio peligro la estabilidad del dictador argentino. Esta empresa del general Lavalle, a la que por orden cronológico corresponde la denominación de «campaña del segundo ejército libertador» (pues el primer ejército de esta categoría cayó vencido con Berón de Astrada en Pago Largo), reviste un acentuado interés histórico; es evidente que su feliz resultado hubiese economizado al país el trágico período de doce años que siguió hasta Caseros. (Párrafo extraído del texto a modo de resumen)Facultad de Humanidades y Ciencias de la Educació

Molecular packing analysis of the crystal smectic E phase of a benzothieno-benzothiophene derivative by a combined experimental / computational approach

The molecule 2-decyl-7-phenyl[1]benzothieno[3,2-b][1]benzothiophene has gained a lot of attention since high charge carrier mobility was observed in thin film transistors. Its thermotropic liquid crystalline states may play an important role in the thin film formation since the smectic A and the crystal smectic E phase (SmE) are claimed to be pre-stages of the final bulk structure. To understand the phase diversity, structural characterisation of solution processed thin films is performed by X-ray diffraction in the complete temperature range up to the isotropic state at 240°C. The diffraction pattern of the SmE phase is analysed in detail. Peak broadening analysis reveals that the crystallographic order across the smectic layers is larger than the order along the smectic layers. A combined experimental and computational approach is used to determine the molecular packing within the SmE phase. It leads to a number of different packing motifs. A comparison of the calculated diffraction pattern with the experimental results reveals that nano-segregation is present within the SmE phase. Energy consideration clearly favours a herringbone arrangement of the aromatic units. The nano-segregation within the SmE phase with herringbone packing of the aromatic units is accompanied with interdigitation of side chains from neighbouringherringbone layers

Coherently coupling distinct spin ensembles through a high-Tc superconducting resonator

The problem of coupling multiple spin ensembles through cavity photons is revisited by using (3,5-dichloro-4- pyridyl)bis(2,4,6-trichlorophenyl) methyl (PyBTM) organic radicals and a high-T-c superconducting coplanar resonator. An exceptionally strong coupling is obtained and up to three spin ensembles are simultaneously coupled. The ensembles are made physically distinguishable by chemically varying the g factor and by exploiting the inhomogeneities of the applied magnetic field. The coherent mixing of the spin and field modes is demonstrated by the observed multiple anticrossing, along with the simulations performed within the input-output formalism, and quantified by suitable entropic measures

Electrochromic Polymer Ink Derived from a Sidechain-Modified EDOT for Electrochromic Devices with Colorless Bright State

AbstractPrintable organic electrochromic materials are the key component of flexible low power and low weight displays and dynamic shading systems. A vast number of more or less well‐performing materials is reported in the literature, but only a very limited number of them have been tested in an industrially‐relevant environment so far. Upscaling requires simplicity of synthesis, overall sustainability, low cost and compatibility with simple and high throughput wet‐chemical deposition techniques, such as slot‐die coating or inkjet printing. In the present paper, an original process is described that enables the controlled oxidative polymerization of a water insoluble, functionalized 3,4‐ethylene dioxythiophene (EDOT) derivative. This process leads to the formation of an ink that consists solely of active polymeric material (no dispersing agents) and has suitable rheological properties for use in roll‐to‐roll slot‐die coating or ink‐jet printing. The straightforward deposition, followed by a simple thermal treatment, directly yields stable and homogeneous thin films with state‐of‐the‐art electrochromic performance

Controlled recrystallization from the melt of the organic n-type small molecule semiconductor 2-decyl-7-phenyl-[1]benzothieno[3,2-b][1]benzothiophene S,S,S′,S′-tetraoxide

Abstract Recrystallization from the melt of the n-type BTBT derivative 2-dectyl-7-phenyl-[1]benzothieno[3,2-b][1]benzothiophene S,S,S',S'-tetraoxide (Ph-BTBTOx2-10) reveals a defined crystal structure of the molecule. It leads to the formation of alternating nano-segregated layers consisting of parallelly stacked aromatic units and alkyl units. This polymorph appears to be the thermodynamic stable phase. Charge carrier mobility measurements indicate an electron mobility of 4*10−6 cm2 V−1 s−1 for this phase