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The On-Sale Bar Still Applies to the Products of Secret Processes

CELANESE INTERNATIONAL CORPORATION v. ITC - Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C. § 102(a)(1)) when...more

Look Both Ways: A Two-Way Test to Determine Whether Pre- And Post-bar Date Claims Are Materially Different Applies in Interference...

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Comparing pre-Section 135 bar date claims to amended post-bar date claims in an interference proceeding requires comparing...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

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

Federal Circuit Rejects Claim Construction That Contradicts Dependent Claims

BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition,...more

Examiner Amendments Can Trigger Prosecution History Estoppel

Amgen, Inc. v. Amneal Pharmas. LLC et al - Before Newman, Lourie, and Taranto.  Appeal from the U.S. District Court for the District of Delaware. Summary: An examiner amendment may give rise to prosecution history...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

Sanofi, Sanofi-Aventis U.S., LLC V. Watson Labs. Inc., Sandoz, Inc.

Federal Circuit Summaries - Before PROST, WALLACH, and TARANTO.  Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history...more

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