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Two decisions regarding whether the same or substantially the same prior art or arguments have already been considered by the USPTO have been designated as “Informative”

Sughrue Mion PLLC
USA
April 23 2018

Becton, Dickinson and Co. v. B. Braun Melsungen AG, IPR2017-01586, Paper 8 (PTAB Dec. 15, 2017) (Decision, Institution of Inter Partes Review

Draft Your Patents Carefully

Jones Day
USA
April 20 2018

Droplets, Inc. v. ETRADE Bank, No. 16-2504 (Fed. Cir. Apr. 19, 2018), is a cautionary tale on the need for careful patent prosecution. Because of an

Prior Art Chemical Structures Must Be More Than A “Code Name”

Jones Day
USA
April 18 2018

The PTAB recently rejected a request for rehearing by Bayer CropScience LP (“Bayer”). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper

How Creative is One of Ordinary Skill - DSS Tech. Mgmt. v. Apple Inc.

Rothwell, Figg, Ernst & Manbeck, PC
USA
April 16 2018

In an attempt to challenge the patentability of an issued claim, petitioners every so often come across a prior art reference that discloses all the

USPTO Says Overlapping Range In Prior Art Insufficient to Invalidate Method of Treatment Patent

Dechert LLP
USA
April 13 2018

Pharmaceutical patents frequently claim treatment methods that utilize a range of amounts or concentrations for the active ingredient or excipients

PTAB Designates Informative Decisions on Discretionary Denial of Institution for Prior Art Previously Presented to the Office

Knobbe Martens
USA
April 10 2018

On March 21, 2018, the PTAB designated two decisions as “informative” that denied institution for presenting prior art that had been previously

Understanding the differences between patentability (novelty) and freedom to operate prior art searching

Shelston IP Pty Ltd
Australia
April 9 2018

During the course of the patenting process to protect a new invention, one may require a patentability search (also known as a novelty search) in

Not So Secondary: Overcoming Obviousness With Objective Indicia

Jones Day
USA
April 9 2018

On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the

Intellectual Property Bulletin - Spring 2018

Fenwick & West LLP
USA
April 5 2018

Given the emphasis of the Federal Circuit and Judge O’Malley on the non-determinative nature of any given one of the factors pertinent to the

Anticipation by Combining Elements from the Four Corners of a Reference

Jones Day
USA
April 2 2018

In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc

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