Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab appeals · clear
The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. Se e The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB.…
In In re: Power Integrations, Inc. , [2017-1304] (March 19, 2018), the Federal Circuit reversed the decision on remand that claims 1, 17, 18, and 19 of U.S. Patent No. 6,249,876 were anticipated, because the Board relied upon an unreasonably broad claim…
Federal Circuit Summary Before Lourie, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A prima facie case of obviousness is established where the claimed range abuts a range disclosed in the prior art and there is no evidence…
Federal Circuit Summary Before Newman, O’Malley , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : When resolving an obviousness challenge, the PTAB cannot invoke “ordinary creativity” of a skilled artisan to supply a…
Federal Circuit Summary Before Moore, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A party in an int er partes review proceeding may not present new evidence or arguments at oral argument. The Board instituted inter parte s…
The University of Minnesota (UMinn) and Toyota Motor Corp. (Toyota) co-own U.S. Patent 8,394,618 (the ’618 patent). After Reactive Surfaces Ltd. filed a petition for IPR of the ’618 patent, UMinn and Toyota filed a motion to dismiss the…
Federal Circuit Summary Before Moor, Mayer , and Stoll. Appeal from the patent Trial and Appeal Board Summary : The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with the specification or renders the term…
Federal Circuit Summary Before Newman, Wallach, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : Disclosure of a species may provide written description support for a claimed genus when the field of invention is a predictable art.…
Federal Circuit Summary Before Dyk, Reyna, and Hughes . Appeal from the Patent Trial and Appeal Board. Summary : Where the Federal Circuit had previously construed the same claim term in an appeal involving a related patent also owned by the patentee in…
Federal Circuit Summary Before Newman, Wallach , and Chen. Appeal from the Patent Trial and Appeal Board Summary : The Federal Circuit upheld the Patent Trial and Appeal Board’s claim construction in an inter partes reexamination, where the Board…
Federal Circuit Summary Before Newman , Bryson, and Moore. Appeal from the Patent Trial and Appeal Board. Summary : Prosecution disclaimer occurred when an applicant explained why claims were amended and the Examiner confirmed the reasons for allowance.…
Federal Circuit Summary Before Lourie, O’Malley , and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB’s finding that an element in a prior art reference is “similar to” a claim limitation, without further…
