Documents Incorporated by Reference in Their Entirety Are Not Limited by Later Potentially Limiting Statements In Paice LLC v. Ford Motor Company, Appeal Nos. 2017-1387, -1388, -1390, -1457, -1458, the Federal Circuit held that a prior art document was incorporated by reference in its entirety into a patent specification, despite... read more →

Extrinsic Evidence May Be Used to Interpret an Anticipating Reference In Monsanto Technology LLC v. E.I. Dupont De Nemours, Appeal No. 2017-1032, the Federal Circuit held that extrinsic evidence can be used to find that an allegedly anticipating reference necessarily includes relevant claim limitations. E.I. DuPont de Nemours & Co.... read more →

Redundant Ground in an IPR Was Not Outside the Instituted Grounds In CRFD Research, Inc. v. Matal, Appeal No. 2016-2198, the Federal Circuit held that the Board erred in performing its obviousness analysis when determining whether a single prior art reference rendered the claims at issue obvious. (more…)

Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend  In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent owner does not bear the burden of persuasion with respect to the patentability of... read more →