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Patent Trial and Appeal Board › Anticipation › CAFC

McDonnell Boehnen Hulbert & Berghoff LLP

American Science and Engineering, Inc. v. Stewart (Fed. Cir. 2025)

McDonnell Boehnen Hulbert & Berghoff LLP on

Under Dickinson v. Zurko courts (specifically, the Federal Circuit) should defer to factual determinations by administrative agencies like the U.S. Patent and Trademark Office unless they are not supported by substantial...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mixed Result in M&K Holdings v. Samsung Electronics: Federal Circuit Finds Anticipation not Necessarily Inherent in Obviousness...

Rothwell, Figg, Ernst & Manbeck, P.C. on

Earlier this month, in the precedential decision M & K Holdings v. Samsung Electronics Co., the Court of Appeals for the Federal Circuit (“the CAFC”) upheld the Patent Trial and Appeal Board (“the Board”) in finding certain...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Reverses PTAB’s Holding of Anticipation Despite an Element Missing from the Prior Art

Mintz - Intellectual Property Viewpoints on

On March 14, 2017, the United States Court of Appeals for the Federal Circuit clarified, in a precedential opinion, that an anticipating reference must supply all of the claim elements, regardless of what a person of skill in...more

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