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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

Collateral Estoppel Is Applicable in IPRs When the Question of Patentability Is the Same

GOOGLE LLC v. HAMMOND DEVELOPMENT INTERNATIONAL, INC. - Before Moore, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. - Summary: Collateral estoppel applies to IPRs where differences in claims do not...more

A Skilled Artisan Cannot “At Once Envisage” Each Member of a Large Class

MYLAN PHARMACEUTICALS INC. v. MERCK SHARP & DOHME CORP. - Before Lourie, Reyna and Stoll.  Appeal from the Patent Trial and Appeal Board. - Summary: “At once envisage” what is missing cannot fill in the gap to establish...more

Controlling Your Own Destiny: Patent Owner Unilaterally Moots Appeal to Preserve Favorable PTAB Determination

ABS GLOBAL, INC. V. CYTONOME/ST, LLC - Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no...more

Ignoring Antecedent Basis in the Claim Results in Reversal of Patentability Determination

Technical Consumer Prods., Inc. v. Lighting Science Grp Corp. Before Dyk, Chen, and Stoll; Appeal from the P.T.A.B. Summary: A term with a narrow antecedent basis in an open ended claim may allow a wider range of prior...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

Natural Alternatives Int’l, Inc. v. Iancu

Federal Circuit Summary - Before Prost, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board Summary: Removing the priority claim of one application in a chain can affect the ability of pending and...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

In Re: Power Integrations, Inc.

Federal Circuit Summaries - Before Moor, Mayer, and Stoll. Appeal from the patent Trial and Appeal Board Summary: The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with...more

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