Obviousness doesn’t require motivation to combine prior art
Abstract: When a party challenging a patent’s validity alleges that multiple prior references made the invention obvious, it may need to show that someone would have been motivated to combine those references into the invention. This article highlights a recent case from the U.S. Court of Appeals for the Federal Circuit finding that no motivation to combine is required where a secondary reference is used only to explain the primary reference. Realtime Data, LLC v. Iancu, No. 18-1154, Jan. 10, 2019, Fed. Cir.