Posts Tagged: anticipation


In Partial Reversal of District Court, CAFC Explains that ‘Hair-Splitting’ is Key to Literal Infringement Analysis

The U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Stoll writing, earlier today reversed a denial of judgment as a matter of law (…
By Eileen McDermott
3 months ago 1

Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory

The U.S. Court of Appeals for the Federal Circuit (CAFC) on February 1 held in part that the United States Patent and Trademark Office’s (UPSTO) Patent …
By Eileen McDermott
10 months ago 5

Federal Circuit Reinstates Jury Verdict Finding Claims of Biogen’s MS Drug Were Anticipated

On Monday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Biogen MA, Inc. v. EMD Serono, Inc., reversing the U.…
By Steve Brachmann
1 year ago 0

Top Five Takeaways From a Deep Dive Into Obviousness at the PTAB

Since the America Invents Act ushered in a series of sweeping changes to the U.S. patent system in 2011, IP stakeholders have been grappling with Inter Partes …
By John Abramic
3 years ago 4

Federal Circuit Addresses Whether Anticipating Prior Art Reference is ‘By Another’ as Described in 35 U.S.C. § 102(e)

The Federal Circuit recently overturned a Patent Trial and Appeal Board (Board) inter partes review decision finding that an IPS Group (IPS) patent was not unpatentable as …

Federal Circuit Allows Reconsideration of Non-Instituted Ground in IPR

In AC Techs., S.A. v. Amazon.com, Inc. the Federal Circuit found the PTAB did not exceed its statutory authority by addressing a non-instituted ground on …

Federal Circuit vacates PTAB decision for failure to explain reason claims were invalid

Unlike the Board’s anticipation determinations, which contravened the only permissible findings that could be drawn from the prior art under the proper constructions of the relevant …

Ariosa Liable for $26 Million in Lost Profits for Infringing Two Blood Test Patents

A jury verdict awarded more than $26 million to a group of plaintiffs including San Diego, CA-based gene analysis firm Illumina, Inc. The jury found that Ariosa Diagnostics …
By Steve Brachmann
4 years ago 1

Inventor Appeal to CAFC Challenges PTAB Authority to Invalidate Claims on Remand

D’Agostino’s appeal challenges PTAB authority to entertain invalidity on remand as no part of the IPR statute found in the America Invents Act (AIA) permits …
By Steve Brachmann
4 years ago 0

Court Affirms Inherent Disclosure of Monsanto Soybean Claims

The Federal Circuit affirmed the rejection of several claims in a patent owned by Monsanto... Extrinsic evidence is permissible to interpret an allegedly anticipating references and to …

Combinations do Not Anticipate if Artisan Would Not Immediately Envision Claimed Combination

The Federal Circuit heard the case of Microsoft Corp. v. Biscotti, Inc. After Biscotti, Inc. (“Biscotti”) sued Microsoft Corp. (“Microsoft”) for patent infringement, Microsoft filed three unsuccessful …

FatPipe heralds mixed claim finding at PTAB which leaves “signature claim” intact

On November 1st, a panel of administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a final written decision which found that 11 claims …
By Steve Brachmann
4 years ago 4

Inherency Rejections: Combating Inherent Obviousness

An inherency rejection, whether it be inherent anticipation or inherent obviousness, can be extremely difficult to overcome. Indeed, at many times it seems there is a great …
By Gene Quinn
4 years ago 2

Federal Circuit invalidates another patent upheld at PTAB after IPR

The Federal Circuit issued a decision in Homeland Housewares, LLC v. Whirlpool Corporation, which ought to be completely unnerving to every owner of a U.S. patent …

Federal Circuit Reverses PTAB Anticipation Decision and Clarifies Kennameta

Anticipation can arise when the disclosure of a limited number of alternative combinations discloses the one that is claimed. However, a reference does not anticipate because an …