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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

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 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

Obviousness in View of Canceled Claims

BECTON, DICKINSON AND COMPANY v. BAXTER CORPORATION ENGLEWOOD - Before Prost, Clevenger, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: A patent that has issued and subsequently been canceled may be...more

Claim Construction Arguments Not Made to the PTAB Are Forfeited on Appeal

IN RE: GOOGLE TECHNOLOGY HOLDINGS LLC - Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction arguments are forfeited if not raised before the PTAB. The PTAB...more

Federal Circuit Clarifies Not All § 112 ¶ 6 Indefiniteness Prevents Prior Art Invalidity Analysis by PTAB

COCHLEAR BONE ANCHORED SOLUTIONS AB V. OTICON MED. AB - Before Taranto, O’Malley, and Newman. Appeal from the Patent Trial and Appeal Board. Summary: Anticipation and obviousness analysis by the PTAB is not impossible...more

Luminara Worldwide, LLC v. Iancu

Federal Circuit Summary - Before Lourie, Dyk, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The section 315(b) time-bar for IPRs applies even when the underlying complaint alleging infringement...more

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