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A Published Patent Application Is IPR Prior Art as of Its Filing Date

Before Lourie, Prost, and Stark - Summary: In an IPR, a patent application is considered a “printed publication” as of the application’s filing date, not its publication date. Samsung filed a petition for IPR of a Lynk Labs...more

Free Samples and Fillers: No Teaching Away or Commercial Success

INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall, and Taranto.  Appeal from the Patent Trial and Appeal Board. Summary: No teaching away when art does not disparage invention and free samples cannot...more

If a Case Was Baseless, It Would Have Ended Sooner

OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger, Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before ultimately...more

Low-Bar for Corroboration

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board - Summary: Federal Circuit confirms low bar for evidence corroborating prior inventorship...more

Disclaimers May Not Be Used to Shapeshift Claims

CUPP COMPUTING AS v. TREND MICRO INC. [OPINION] - Before Dyk, Taranto, and Stark. Appeal from Patent Trial and Appeal Board. Summary: Patent Owners cannot attempt to narrow claims by disclaiming claim scope during an...more

Judicial Review: The PTAB Must Offer Reasonably Discernible Logic

PROVISUR TECHNOLOGIES, INC. v. WEBER, INC. Before Prost, Reyna, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB has an obligation to ensure that its logic is reasonably discernible from the...more

No Special Standards for Nexus of Objective Indicia Apply to Design Patents

CAMPBELL SOUP COMPANY V. GAMON PLUS, INC. Before Moore, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The standards for establishing a presumption of nexus or a nexus-in-fact between...more

Federal Circuit Holds That Art Teaches Away From Its Own Disclosure

CHEMOURS COMPANY FC, LLC v. DAIKIN INDUSTRIES, LTD. Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board. Summary: A reference may teach away from modifying a particular embodiment to include...more

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