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Inter Partes Reexam Can Trigger Issue Preclusion

SYNQOR, INC. v. VICOR CORPORATION - Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined...more

Federal Circuit Affirms Use of Common Sense for Obviousness Determination

B/E AEROSPACE, INC. v. C&D ZODIAC, INC. Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Common sense may be invoked in obviousness determination if accompanied by reasoned...more

Preamble Found Limiting Where It Supplied Antecedent Basis for Other Claim Limitations

SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP - Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In similar claims of two related patents, one preamble was limiting...more

Non-Expert Testimony on Obviousness Is Inadmissible

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Drug Treatment May Be Obvious Even When FDA Is Unconvinced It Is Safe and Effective

PERSION PHARMACEUTICALS LLC v. ALVOGEN MALTA OPERATIONS LTD. Before O’Malley, Reyna, and Chen.  Appeal from the U.S. District Court for the District of Delaware. Summary:  The FDA’s acceptance of safety data for a...more

Copying May Show Nonobviousness Even If No Specific Product Is Copied

LIQWD, INC. v. L'OREAL USA, INC. Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of copying was relevant to nonobviousness even though the copied feature came from...more

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