Mark Rubinshtein, Ph.D.

Knobbe Martens


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Presumption of Nexus for Secondary Considerations Is Improper When a Commercial Product Includes Unclaimed but Functionally Relevant Features

USA - December 18 2019 Summary: When a commercial product contains unclaimed features, a presumption of nexus between the claims and secondary consideration evidence can be…

Andrea Cheek, Paul Stewart.

Decision of PTAB to Reconsider Earlier Decision Instituting Inter Partes Review Is Not Reviewable by the Court of Appeals

USA - August 29 2019 The PTAB has the discretion to not institute inter partes review even if there is a showing of reasonable likelihood of success with respect to at…

Nicole R. Townes, Paul Stewart.

A Single Prior Art Reference Can Render a Patent Obvious

USA - June 21 2019 Game and Technology Co., Ltd. (“GAT”) owns a patent directed to a method of customizing internet game characters in online games. Activision sought…

Kendall Loebbaka.

Coda Development v. Goodyear Tire & Rubber

USA - February 22 2019 On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to reasonable dispute. Also, when a Plaintiff “knew or…

Mark Kachner.

FDA Approves First Generic Epinephrine Autoinjectors

USA - September 30 2018 The United States Food and Drug Administration recently announced approval for Teva Pharmaceuticals to market generic epinephrine autoinjectors…