Below are summaries of two claim construction opinions issued out of the Eastern District of Texas in May 2025....more
In re: Xencor, Inc., Appeal No. 2024-1870 (Fed. Cir. Mar. 13, 2025) Our case of the week is an appeal from a decision of the Appeals Review Panel of the Patent Trial and Appeal Board, concerning Xencor’s patent application...more
While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice....more
In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more
Both the U.S. Patent and Trademark Office (“USPTO”) and Federal courts have issued alerts regarding their response to the COVID-19 pandemic, and the effect of the pandemic on their operations and procedures. In this Alert, we...more