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** REASONABLY PERTINENT ART NOT LIMITED TO PROBLEM EXPRESSLY IDENTIFIED IN PATENT SPECIFICATION
The Nielson Co. (US), LLC v. TVision Insights, Inc., 25-1371 — On Friday in an opinion by Judge DYK, the Federal Circuit affirmed a USPTO inter partes review decision that Nielson’s method of capturing and using images to measure audiences was unpatentable as obvious. Nielson argued the USPTO improperly relied on a prior art reference that was not reasonably pertinent analogous art and would not have “commended itself to an inventor’s attention in considering his problem” regarding the effects of the“[f]requent activation of the illumination sources.”
The Federal Circuit disagreed. Although the specification noted “certain drawbacks to the overuse of a light source,” it would have been “inappropriate” to limit the problem to the specification because the claims were much broader. The USPTO’s determination that the patent was “directed to problems in image processing and, particularly to problems in facial detection and analysis” was supported by the claims’ analysis of camera images, the patent’s title “Methods and Apparatus to Capture Images,” and language in the specification recognizing the patent was directed to image processing and facial recognition. The prior art was also “directed to problems in image processing and, particularly to problems in facial detection and analysis” and was reasonably pertinent to the inventor’s problem.
(1 to 4 stars rate impact of opinion on patent & trademark law)
IPO ANNUAL MEETING INTERACTIVE WORKSHOPS
Join colleagues and industry leaders at IPO’s Annual Meeting, taking place September 27-29, 2026, in Toronto, Canada. This premier event offers unparalleled opportunities to connect with IP professionals, gain practical insights, and explore emerging trends shaping the intellectual property landscape.
To enhance the attendee experience, an extended lunch period will be offered on Sept. 28 and 29, providing flexibility to network with peers, visit the IP Expo Hall, attend an IP Hub presentation, participate in an interactive workshop, or simply catch up on emails between sessions. This year’s workshops are designed to deliver actionable strategies, practical tools, and meaningful discussion on some of the most important issues facing IP professionals today. Highlights include:
In-House IP Leadership & Influence Development Toolkit
This workshop will introduce a new resource designed for in-house IP professionals navigating leadership challenges. Specific focus areas include change management, emotional intelligence and self-management, feedback, core leadership skills, organizational intelligence, and career development. Attendees will leave with resources and ideas to support their own leadership development.
Inventor Rewards and Recognition Survey: Results Panel
This workshop will present key findings from IPO’s recent survey on inventor rewards and recognition programs. It will highlight emerging trends, benchmarking insights, and practical considerations for designing and evolving effective recognition programs across global organizations. Attendees will exchange perspectives, share experiences, and explore best practices.
How In-house IP Departments are Deploying AI
This workshop will explore how in-house IP departments are actively deploying AI tools to enhance efficiency, decision-making, and strategic value. Participants will gain perspective on how their peers are integrating AI into internal workflows, as well as expectations for how outside counsel and law firms are leveraging AI to support IP services. The discussion will highlight opportunities, risks, and future trends shaping the role of AI in IP management.
Know Thyself: Why Self-Awareness May Be the Most Important Professional Skill Rarely Discussed
The ability to recognize patterns of thinking, feeling, and behaving profoundly shapes how we lead, make decisions, navigate conflict, collaborate, and foster inclusion. This workshop will guide participants through an exercise to uncover the patterns that shape perceptions and will provide the tools needed to recognize default thinking patterns, expand empathy, and apply awareness to support a more inclusive practice.
Visit the website for additional information and to register.