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Granting Writ of Mandamus, CAFC Finds District Court’s Interpretation of “Regular and Established Place of Business” in Venue Analysis Was an Abuse of Discretion. Judge Gilstrap Directed to Transfer Case.

USA - September 21 2017 Defendant Cray Inc. petitioned the CAFC for a writ of mandamus vacating the order of the district court denying its motion to transfer. CAFC granted...

Aimee N. Soucie, Chris Coulson.

PTAB Decision Finding Inventor’s Testimony of Conception Not Corroborated Not Supported by Substantial Evidence

USA - September 20 2017 Patent Owner NFC Technology appealed a PTAB decision which found multiple claims of its patent unpatentable as obvious over a prior art reference. The...

Aimee N. Soucie, Chris Coulson.

The Board’s Decision Finding Waterproof Leather Claims Unpatentable as Obvious Affirmed by the CAFC, a Person of Ordinary Skill Need Not Have the Same Motivation as the Patent’s Inventor

USA - June 16 2017 Outdry appealed from the Board’s decision in an IPR finding that claims 1-15 of its patent were unpatentable as obvious over a combination of prior...

Mark A. Chapman, Andrew D. Kasnevich, James C. Wilson.

Even Groundbreaking Medical Discoveries May Not Be Patentable

USA - June 16 2017 Cleveland Clinic and Cleveland Heartlab (collectively, “Cleveland”) appealed from a judgment by the Northern District of Ohio which found the asserted...

Mark A. Chapman, Andrew D. Kasnevich.

Unsupported Declaration by an Interested Party is Insufficient to Remove 102(e) Prior Art Reference

USA - June 15 2017 EmeraChem appealed an IPR decision finding claims 1-14 and 16-20 of U.S. Patent No. 5,599,758 unpatentable as obvious. The CAFC affirmed the Board’s...

Mark A. Chapman, Andrew D. Kasnevich.