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Look Both Ways: A Two-Way Test to Determine Whether Pre- And Post-bar Date Claims Are Materially Different Applies in Interference...

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Comparing pre-Section 135 bar date claims to amended post-bar date claims in an interference proceeding requires comparing...more

Weighty Considerations: Objective Indicia of Non-obviousness

Volvo Penta of the Americas, LLC, v. Brunswick Corp. Before Moore, Lourie, and Cunningham.  Appeal from the Patent Trial and Appeal Board. Summary: The Board must consider the combined weight of multiple objective...more

Objective Evidence in Determining Obviousness

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS - Before Moore, Lourie, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: A close prima facie case of obviousness can be overcome by strong evidence of objective...more

Not So Obvious: Substantial Evidence Review of Factual Issue in an Obviousness Claim

ROKU, INC. v. UNIVERSAL ELECTRONICS, INC.  - Before Newman, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: When an appeal from the PTAB addresses only a factual issue, the substantial...more

PTAB’s Characterization Of Petitioner’s Argument Did Not Introduce New Theory Of Invalidity

ARTHREX, INC. V. SMITH & NEPHEW ET AL. Before Dyk, Chen, and Stoll. Appeal from the U.S. Patent and Trademark Office - Summary: The Board’s invalidity decision does not need to track the exact wording in the IPR...more

Adidas AG v. Nike, Inc.

Federal Circuit Summaries - Before Moore, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Supreme Court’s decision in SAS Institute Inc. v. Iancu requires the Board in an instituted...more

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