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IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex

CIENA CORPORATION v. OYSTER OPTICS, LLC - Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s Appointments Clause...more

“Exceptional Case” Findings Must Consider The Full Case

INTELLECTUAL VENTURES I LLC v. TREND MICRO INCORPORATED - Before Dyk, Taranto, and Stoll. Appeal from the Delaware District Court Summary: An exceptional case finding may be based on a single isolated act, but the court...more

Prior Art Must Be Publicly Accessible, Not Actually Accessed

SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD. Before Newman, Schall, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: A reference must be publicly accessible, not actually accessed, before...more

Energy Heating, LLC. v. Heat On-The-Fly, LLC

Federal Circuit Summaries - Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota. Summary: A district court must articulate a reasonable basis for denying...more

In Re: Nordt Development Co., LLC

Federal Circuit Summaries - Before Moore, Taranto, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: In a product-by-process claim, terms that can be equally understood as structural or process...more

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