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PTAB Need Not Consider Mountain of Evidence Submitted Without a Map

PARUS HOLDINGS, INC. V. GOOGLE LLC - Before Lourie, Bryson, and Reyna.  Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary:  PTAB did not err in declining to consider...more

Twisting a Nose of Wax While Splitting Hairs

COMMSCOPE TECHNOLOGIES LLC v. DALI WIRELESS INC. Before Stoll, Reyna, and Schall. Appeal from U.S. District Court for the Northern District of Texas. Summary: When a party distinguishes technology in the prior art to...more

It’s a Date – Twitter Reply Proves Prior Art Publication Date

VIDSTREAM LLC V. TWITTER, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be...more

An Old Method Using an Old Product From a New Source Is Not New

BIOGEN MA INC. v. EMD SERONO, INC. Before Newman, Linn, and Hughes. Appeal from the District Court of the District of New Jersey. Summary: A known method of administering a known product made by a new process is not...more

PTAB Must Evidence Decision Path During IPR Proceedings

ALACRITECH, INC. V. INTEL CORP., CAVIUM, LLC, DELL, INC. Before Stoll, Chen, and Moore. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s obviousness determination must meet the Administrative Procedure...more

Non-Prior Art Evidence May Be Used to Prove Inherency

HOSPIRA, INC. V. FRESENIUS KABI USA, LLC - Before Lourie, Dyk, and Moore.  Appeal from the U.S. District Court for the Northern District of Illinois. Summary:  Evidence of the properties of claimed embodiments may be...more

Specification’s Narrow Description of the Invention Results in Disavowal of Claim Scope

TECHTRONIC INDUSTRIES CO. LTD. v. ITC - Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the...more

Publication Shelved in Publicly Accessible Library Was Accessible to the Public and Therefore Available as Prior Art

TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION - Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board. Summary:  Publications shelved in publicly accessible libraries may be publicly...more

Duncan Parking Technologies v. IPS Group, Inc.

Federal Circuit Summary - Before Lourie, Dyk and Taranto. Consolidated Appeals from the Patent Trial and Appeal Board and the Southern District of California. Summary: A person is a joint inventor of the anticipating...more

Yeda Research And Development Co., Ltd. v. Mylan Pharmaceuticals Inc. & Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.

Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may...more

Medtronic, Inc. v. Barry

Federal Circuit Summaries - Before Taranto, Plager, and Chen. Appeal from the Patent Trials and Appeals Board. Summary: In determining whether materials distributed at meetings or conferences are reasonably accessible...more

Polaris Industries, Inc. v. Arctic Cat, Inc.

Federal Circuit Summaries - Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more

Federal Circuit Affirms Obviousness of Novartis’s Patent for Multiple Sclerosis Drug

The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir....more

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