News & Analysis as of

Article III Obviousness Claim Construction

Sheppard Mullin Richter & Hampton LLP

Navigating Shockwave Medical: Applicant Admitted Prior Art, Standing, and Obviousness

This Federal Circuit opinion analyzes various key issues in patent litigation, including the role of applicant admitted prior art (“AAPA”), standing, and obviousness. Background - Shockwave Medical, Inc. (“Shockwave”)...more

Knobbe Martens

Federal Circuit Review | June 2025

Knobbe Martens on

In Dolby Laboratories Licensing Corporation V. Unified Patents, LLC, Appeal No. 23-2110, the Federal Circuit held that a patent owner lacks Article III standing to appeal an inter partes review decision on patentability when...more

Jones Day

Federal Circuit: Plans for Future Activity Created a Substantial Risk of Future Infringement

Jones Day on

Restem filed a petition for inter partes review of U.S. Patent No. 9,803,176, directed to stem cells obtained from umbilical cord tissue and isolated through a two-step process to create a specific cell marker expression...more

McDermott Will & Schulte

Algorithm Required Where Corresponding Structure to Means-Plus-Function Term Is Computer-Implemented

The US Court of Appeals vacated a Patent Trial and Appeal Board (PTAB) obviousness decision, finding that the disputed means-plus-function term was computer-implemented and therefore required the corresponding structure to...more

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

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions

In 2018, the U.S. Court of Appeals for the Federal Circuit docketed close to 600 appeals from the U.S. Patent and Trademark Office (USPTO). That is the second highest number since starting to hear post-American Invents Act...more

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