April 4, 2017 4:57 PM

Schall, J. Affirming in part and reversing in part PTAB (un)patentability decisions in IPR proceedings. Where the specification and claims use words “interchangeably[,] [t]his drafting choice equates the two terms for claim construction purposes.” 

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Wallach, J. Affirming PTAB rulings of obviousness in inter partes reviews. Prior judicial decisions did not bind the PTAB. “[E]ven if the record were the same, … the PTAB properly may reach a different conclusion based on the same evidence,” because of the different burdens of proof in judicial and IPR proceedings. 

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April 3, 2017 10:08 AM

Taranto, J. Upon rehearing of case after decision at Asetek Danmark A/S v. CMI USA Inc. [OPINION], denying rehearing en banc but granting in part panel rehearing and issuing a new opinion that affirmed the district court's liability and damages rulings but vacated in part and remanded for further consideration the injunction against a non-party insofar as the injunction reaches conduct by the non-party regarding the covered products that goes beyond abetting a new violation by the named defendant. 

A full version of the text is available in PDF form.