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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

Not So Obvious After All: PTAB Lacked Evidence to Eradicate University’s Disinfection Method

UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC - Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the...more

Importance of the Article of Manufacture for Determining Design Claim Scope

IN RE: SURGISIL, L.L.P. Before Moore, Newman, and O’Malley.  Appeal from the Patent Trial and Appeal Board. Summary: A design patent claiming the design of an article of manufacture cannot be anticipated by the design...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

Does the Successor-in-Interest’s Shoe Fit?

MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC. Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: Parties challenging patents in inter partes reexamination can assign their rights...more

In Re Maatita

Federal Circuit Summary - Before Dyk, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A two-dimensional drawing of a three-dimensional object may meet the enablement and definiteness...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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