News & Analysis as of

Prior Art Obviousness Medical Devices

McDonnell Boehnen Hulbert & Berghoff LLP

Shockwave Medical, Inc. v. Cardiovascular Systems, Inc. (Fed. Cir. 2025)

Received wisdom is that inter partes review proceedings are limited to prior art as defined by patents and printed publications.  But in recently decided Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., another prior...more

Knobbe Martens

Federal Circuit Review - June 2023

Knobbe Martens on

Objective Evidence in Determining Obviousness - In Medtronic, Inc. v. Teleflex Innovations, Appeal No. 21-2357, the Federal Circuit held that a close prima facie case of obviousness can be overcome by strong evidence of...more

Knobbe Martens

Analogous Art Must Be Compared to the Challenged Patent

Knobbe Martens on

In Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981, the Federal Circuit reversed an obviousness determination by the PTAB. At issue was Sanofi’s reissued U.S. Patent No. RE47,614 (the ’614 patent),...more

Jones Day

Petitioners Must Explain Combining Multiple Embodiments of Reference in Obviousness Argument

Jones Day on

In a series of recent decisions, the PTAB denied institution on a dozen petitions on related patents because of one problem it identified in the petitioner’s arguments. All of the petitioner’s proposed grounds challenged the...more

McDermott Will & Emery

Combinations of Predictable Elements from the Prior Art Need Not Be Advantageous - Nuvasive, Inc. v. Warsaw Orthopedic, Inc.

McDermott Will & Emery on

Addressing the propriety of combining prior art in an obviousness analysis, U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (“PTAB” or “Board”) determined that a patent for a spinal implant for...more

Foley & Lardner LLP

Federal Circuit Says Secret Prior Art Is Prior Art for All Purposes

Foley & Lardner LLP on

In Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., the Federal Circuit agreed with the district court that Ethicon’s prototype constituted prior art under 35 USC § 102(g) based on its earlier date of conception, but...more

Brownstein Hyatt Farber Schreck

Patent Ever-Greening: Not So Obvious

Although the Federal Circuit recently affirmed a district court’s decision on patent invalidity based on obviousness-type double patenting, the case provides an impetus to review terminal disclaimer practice within a patent...more

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