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Presumption of Nexus for Secondary Considerations Is Improper When a Commercial Product Includes Unclaimed but Functionally...

FOX FACTORY, INC. v. SRAM, LLC - Before Prost, Wallach, and Hughes.  Appeal from the Patent Trial and Appeal Board (PTAB). Summary:  When a commercial product contains unclaimed features, a presumption of nexus between...more

Decision of PTAB to Reconsider Earlier Decision Instituting Inter Partes Review Is Not Reviewable by the Court of Appeals

BIODELIVERY SCIENCES INTL. v. AQUESTIVE THERAPEUTICS, INC. Before Newman, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: The PTAB has the discretion to not institute inter partes...more

A Single Prior Art Reference Can Render a Patent Obvious

GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC. Before Prost, Lourie, and Wallach. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: A single prior art reference can render a patent obvious if it...more

Coda Development v. Goodyear Tire & Rubber

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

Magistrate Judge Recommends IPR Estoppel Bar of Prior Art References

A magistrate judge in the Eastern District of Texas recommended in Biscotti, Inc. v. Microsoft Corp., No. 2:13-CV-01015, DI 191 (E.D. Tex. May 11, 2017) that Microsoft should be estopped from asserting invalidity grounds that...more

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