USPTO Director Issues Sua Sponte Precedential Decision Addressing Abuse of IPR Process by Caitlin E. Olwell, Rubén H. Muñoz, Lisa Hladik (Law Clerk) November 10, 2022 Patent Trial and Appeal Board, Inter Partes... read more →
by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. Patently-O – a... read more →
Inventors, Not Ai-Ventors: The Patent Act Requires an “Inventor” to be a Natural Person In Thaler v. Vidal, Appeal No. 21-2347, the Federal Circuit held that under the Patent Act... read more →
University Successfully Argues Prior Art’s Disclosures Were Not “by Another” In Lsi Corporation v. Regents Of The University Of Minnesota, Appeal No. 21-2057, the Federal Circuit held that determining whether... read more →
An ANDA Specification that Directly Addresses Issues of Infringement Controls the Infringement Inquiry In Par Pharmaceutical, Inc. v. Eagle Pharmaceticals, Inc. Appeal No. 22-145, the Federal Circuit held that an... read more →
Missing Experience Undermines Expert’s Rebuttal of Obviousness Arguments In Best Medical International, Inc. v. Elekta Inc., Appeal No. 21-2099, the Federal Circuit held that Expert testimony was properly discounted when... read more →
Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact In Caredx, Inc. v. Natera, Inc., Appeal No. 22-1027, the Federal Circuit held that expert testimony... read more →
Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 21-1834, the Federal Circuit held that a court can... read more →
Justice Must Satisfy the Appearance of Justice— A Judge’s Family’s Financial Interest of 100 Shares of a Party’s Stock is a Serious Issue Centripetal Networks, Inc. v. Cisco Systems, Inc.,... read more →
Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR In Google LLC v. IPA Technologies Inc., Appeal No. 21-1179, the Federal Circuit held that, for purposes of determining whether... read more →