by Cary Miller | Apr 18, 2018 | Prior Art Issues
By: Cary Miller, Ph.D. The PTAB recently rejected a request for rehearing by Bayer CropScience LP (“Bayer”). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper 15 (P.T.A.B. Apr. 2, 2018).[1] The PTAB stated that when the prior art does not identify the...
by Albert Liou | Apr 2, 2018 | Prior Art Issues, Uncategorized
By: Albert Liou four corners In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc. case, where the Federal Circuit affirmed a decision of the PTAB finding that combining...
by Jennifer Chheda, Ph.D. | Feb 12, 2018 | Prior Art Issues
By: Jennifer J. Chheda, Ph.D. A recent written decision by the PTAB in connection with an inter partes review (IPR) proceeding is a reminder to patent prosecutors to carefully consider the possible construction of claim terms in a continuation or divisional...
by John Evans, Ph.D. | Feb 6, 2018 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By: Jaime Choi, Tracy Stitt, and John Evans On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents...
by David Cochran | Jan 12, 2018 | Federal Circuit Appeal, Prior Art Issues
By Tom Ritchie and Dave Cochran In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017), a divided Federal Circuit panel affirmed the Patent Trial and Appeal Board’s decision that Microsoft failed to prove that the...
by Joe Sauer | Dec 22, 2017 | Prior Art Issues
By Rich Graham and Joe Sauer Section 103 does not, by its terms, define the “art to which [the] subject matter [sought to be patented] pertains,” but longstanding precedent couches this question of fact in terms of “whether the art is analogous or not.” See In re...
