Federal Circuit Provides Guidance on Obviousness of a Claimed Range of Values
By: Mike Lavine and Joe Beauchamp – The Federal Circuit provides guidance on how a prior art reference that discloses similar, but not overlapping, ranges can establish a prima facie case of obviousness.
PTAB Permits “Do-Over” of Motion-to-Amend Briefing Following Aqua Products
By: Josh Nightingale and Matthew Johnson – The PTAB permits a “do over” in light of Aqua Products, allowing a Patent Owner to file revised substitute claims and providing for additional briefing on Patent Owner’s motion to amend.
STRONGER Patents Act Being Introduced to the U.S. House of Representatives
By: Jaime Choi and Dave Maiorana – The STRONGER Patents Act will be introduced in the House of Representatives by Reps. Steve Stivers (R-Ohio) and Bill Foster (D-Ill.) citing Thomas Edison.
When is a Conference Paper Publicly Accessible: Lessons Learned
By: Jeffrey Wu and Carl Kukkonen – The PTAB addresses factual questions regarding when a conference paper is publicly accessible and thus available as a printed publications for use as prior art references in an IPR
Seeking Adverse Judgment After Disclaimer? Ask For It Quickly
After the Federal Circuit’s Arthrex decision, a petitioner seeks entry of an adverse judgment following patent owner’s disclaimer of all challenged claims prior to institution of CBM, but the PTAB’s treatment illustrates that timing of requests is often critical.