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Raise It or Lose It! The Federal Circuit Will Not Address Obviousness Arguments First Raised by the PTO on Appeal

In Re Google LLC - Before: Moore, Lourie, and Prost. Appeal from the Patent Trial and Appeal Board. Summary: The PTO’s arguments on appeal did not reflect the record below....more

Silence Is No Support for Negative Claim Limitation

NOVARTIS PHARMACEUTICALS CORP. V. HEC PHARM CO., LTD. Before Moore, Hughes, and Linn (dissenting). Appeal from the United States District Court for the District of Delaware. Summary:  Silence regarding the presence or...more

Sounding Off: Prosecution Disclaimer Requires Unambiguous Intrinsic Evidence

GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD - Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous...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

Standing to Appeal in IPR Remains Even After Divesting Accused Products

GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC - Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board decision even...more

Avoiding Ineligibility by Claiming a Specific Implementation That Improves upon the Prior Art

KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH - Before Dyk, Chen, and Stoll.  Appeal from the District of Delaware. Summary: Claims directed to improving the functionality of one tool that is part of a system do not...more

Federal Circuit Clarifies Scope of On-Sale Bar

Federal Circuit Summaries - In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s...more

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