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Is Evidence of Generic Industry Skepticism Enough to Preclude a Finding of a Motivation to Combine?

USA - May 3 2022 AURIS HEALTH, Inc., v. INTUITIVE SURGICAL OPERATIONS, Inc., Before Dyk, Prost, and Reyna. Appeal from the Patent Trial and Appeal Board (PTAB)…

Geetha Durairaj

Required Testing as Part of an Offer for Sale Does Not Preclude a Finding of a Commercial Sale for On-Sale Bar Defense

USA - May 2 2022 SUNOCO PARTNERS MARKETING v. U.S. VENTURE, Inc. Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Northern…

Ashley Morales

Effects of Proximity, Plurals, and Passive Voice for Claim Construction

USA - March 11 2022 Apple Inc. V. MPH Technologies OY Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in…

Nefi R. Oliva

Written Description: What Is the Proper “Dosage” to Satisfy This Requirement?

USA - December 1 2021 Before O’Malley, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of West Virginia. Summary: A specification…

Spencer R. Carter

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

USA - October 14 2021 After inter partes review (“IPR”), the Board found Mobility’s patent claims invalid. Mobility appealed the decision to the Federal Circuit, arguing…

Suyoung Jang