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Potential Claim Construction Error Is Harmless When Not Relied Upon by the Board

BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC - Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A party challenging the Board’s decision by alleging claim construction...more

Ensuring a Reference Is Analogous Art to a Challenged Patent, Not to Another Reference

SANOFI-AVENTIS DEUTSCHLAND GMBH V. MYLAN PHARMACEUTICALS INC. Before Reyna, Mayer, and Cunningham. Appeal from Patent Trial and Appeal Board....more

Once You’re In, You’re In, Amending Claims Addressing an Instituted Ground Allows for More Unrelated Amendments

AMERICAN NATIONAL v. SLEEP NUMBER CORPORATION [OPINION]- PRECEDENTIAL - Before Stoll, Schall, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2019-00497...more

Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims

WEISNER v. GOOGLE LLC - Before Stoll, Reyna, and Hughes, Appeal from the United States District Court for the Southern District of New York. Summary: The specific implementation of an abstract idea, such as improving...more

IPR estoppel “under an unusual set of facts”

Before Stoll, Schall, and Cunningham. Appeal from the United States District Court for the Western District of Texas....more

INVENTORS, NOT AI-VENTORS: The Patent Act Requires an “Inventor” to Be a Natural Person

Before Moore, Taranto, and Stark. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Under the Patent Act , an “inventor” must be a natural person. Therefore, an AI system cannot...more

Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed

PAVO SOLUTIONS LLC v. KINGSTON TECHNOLOGY COMPANY, INC. Before: Lourie, Prost, and Chen.  Appeal from the United States District Court for the Central District of California. Summary: A court can correct obvious minor...more

Claim Limitation Not Disclosed by Any Reference but Disclosed by “Proposed Combination” of References Is Obvious

HOYT AUGUSTUS FLEMING V. CIRRUS DESIGN CORPORATION - Before Lourie, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A claim is obvious where “the proposed combination of [the...more

Claim Element With No Antecedent Basis May Be Broader Than the Same Element With an Antecedent Basis

EVOLUSION CONCEPTS, INC. v. HOC EVENTS, INC. Before Prost, Taranto, and Chen.  Appeal from the United States District Court for the Central District of California. Summary:  Claim that requires the removal of a...more

Ranges for Interdependent and Interactive Components Can Be Tricky to Derive

MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: A presumption of obviousness based on overlapping ranges requires showing...more

The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions

In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively...more

The Obviousness of Preamble Limitations Can Be a Real Headache for Patent Challengers

ELI LILLY AND COMPANY v. TEVA PHARMACEUTICALS  - Before Lourie, Bryson and O’Malley.  Appeal from the Patent Trial and Appeal Board. Summary: In claims for methods of using apparatuses or compositions, statements of...more

Presumption of Nexus Between Claims and Commercial Products May Not Apply When Unclaimed Features Are Critical

TEVA PHARMACEUTICALS v. ELI LILLY AND COMPANY - Before LOURIE, BRYSON, and O’MALLEY. Appeal from the Patent Trial and Appeal Board. Summary: The presumption of nexus analysis requires the fact finder to consider the...more

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