Avery J. Welker


While Campbell’s canned soup is appetizing to many, patent attorneys may not have an appetite for the law of obviousness. In the Inter Partes Review (“IPR”) process, a petitioner often attempts to invalidate patent claims using the sword of obviousness. When defending a patent in an IPR, a patent owner must apply evidence supporting patent validity to the invention itself. Why even have the requirement to link evidence to a patented invention in the first place? Campbell Soup Co. v. Gamon Plus, Inc. attempted to answer this question.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.