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Real-World Evidence of Clinical Failure Cuts Against Reasonable Expectation of Success

USA - November 26 2019 Finding that a Patent Trial and Appeal Board (PTAB) assessment of reasonable expectation of success was not supported by substantial evidence, the US...

“100” Does Not Necessarily Mean “All”

USA - May 30 2019 In a split decision, a panel of the US Court of Appeals for the Federal Circuit upheld a district court claim construction, finding that the claim...

Post-Priority References Can Be Used in Context of Obviousness Analysis

USA - November 30 2018 In two opinions by the same panel concerning the same three patents, the US Court of Appeals for the Federal Circuit relied in part on post-priority...

Prediction: “Plain and Ordinary Meaning” Is Not Particularly Plain or Ordinary

USA - October 24 2018 The US Court of Appeals for the Federal Circuit, finding errors in claim construction, overturned a jury verdict of infringement and affirmed a...

No Right to a Jury for Award of Attorneys’ Fees

USA - September 28 2017 The US Court of Appeals for the Federal Circuit affirmed the district court judge's award of attorneys' fees, denying AIA's argument that it was...