News & Analysis as of

Prior Art Rule 36

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (August 30-September 3): Candor At The Patent Office

The Federal Circuit returned to a full week of in-person arguments last week.  But that didn’t keep it from issuing a range of decisions in patent and non-patent cases.  Below we provide our usual weekly statistics and our...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (May 3-7): The case of the missing beds and affirmative misrepresentations

Last week was Court week, so it was busy in the Federal Circuit with telephonic oral arguments. Despite all the activity, the Court still issued a dozen opinions, including two precedential ones. For our case of the week, we...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (April 12-16): Self-Enabling Prior Art

It was a busy week for the Federal Circuit, with a total of 18 new opinions, including a precedential opinion on enablement in the context of § 103 obviousness references. Below we provide our usual weekly statistics and our...more

Haug Partners LLP

Objective Indicia of Nonobviousness – Considered as Part of a “Totality of the Evidence” Approach or a “Prima Facie Framework”?

Haug Partners LLP on

On February 11, 2021, Amarin Pharma, Inc. (“Amarin”) filed a petition for a writ of certiorari with the Supreme Court seeking reversal of the Federal Circuit’s decision to affirm a finding that Amarin’s patents are invalid as...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (February 1-5): The Growing Universe of Printed Publications

Since yesterday was the Super Bowl, we assume that all of our readers spent today as we did, thinking about the Federal Circuit's recent decision in M&K Holdings about a video compression patent. If not, we've got you...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (November 9-13): Analyzing Analogous Art

Last week, the Federal Circuit was relatively busy, issuing five precedential opinions and three other written decisions.  Below we provide our usual weekly statistics and our case of the week—our highly subjective selection...more

McDermott Will & Emery

Patent Trial and Appeal Board Claim Construction Cannot Be Unreasonable - Microsoft Corp., v. Proxyconn, Inc.

Although the U.S. Court of Appeals for the Federal Circuit has held that the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) has the authority to use the broadest reasonable interpretation claim...more

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