Monthly Archives: October 2019

HCV method of treatment claims invalid for lack of enablement and written description

Idenix Pharmaceuticals LLC et al. v. Gilead Sciences Inc. Docket Nos. 2018-1691 PROST, NEWMAN, WALLACH October 30, 2019 Brief Summary: DC grant of JMOL to Gilead finding HCV treatment patent invalid for enabled affirmed; FC panel also finds lack of … Continue reading

Posted in Claim Construction, Enablement, Uncategorized, Written description | Leave a comment

Board decision finding Google did not show anticipation or obviousness affirmed

Google LLC v. Kininklijke Philips, N.V. Docket Nos. 2018-2213 (IPR2017-00437) Moore, Bryson, Chen October 23, 2019 Non-precedential Brief Summary: Board IPR decision that Google did not show the challenged claims to be anticipated or obvious affirmed. Summary: Google appealed Board … Continue reading

Posted in Anticipation (35 USC 102), Inter Parties Review (IPR), IPR, Obviousness, Uncategorized | Leave a comment

PTAB denies institution of IPR against PureCircle’s steviol process claims

Sweegen, Inv. v. PureCircle USA Inc., et al. IPR2019-01017 (US 9,243,273B2) October 24, 2019 Decision not to institute IPR Brief Summary: Petition for IPR denied as PTAB determined Sweegen did not present a reasonable likelihood of prevailing on obviousness or … Continue reading

Posted in Anticipation (35 USC 102), Inter Parties Review (IPR), IPR, Obviousness, Priority, Uncategorized | Leave a comment

Board decision that reissue claims improperly recapture surrendered subject matter affirmed

In Re: General Electric Company (“GE”) Docket No. 2019-1112, -1113, -1115 MOORE, REYNA, CHEN October 18, 2019 Non-precedential Brief Summary: Board decision that reissue claims improperly attempted to recapture surrendered subject matter affirmed (e.g., the attachment limitation was added during … Continue reading

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DC motion to dismiss remanded due to ambiguity regarding sublicense survival after bankruptcy

Fraunhofer-Gesellschaft v. Sirius XM Radio Inc. Docket No. 2018-2400 DYK, LINN, TARANTO October 17, 2019 Brief Summary: DC grant of motion to dismiss reversed and remanded for reconsideration of evidence relating to survival of a sublicense after bankruptcy. Summary: Fraunhofer … Continue reading

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PTAB anticipation/obviousness decision reversed since prior art did not disclose the claimed device “arranged as claimed”

In Re: Stepen Brian Gates, Jeremy Black Docket No. 2018-2331 MOORE, REYNA, STOLL October 16, 2019 Non-precedential Brief Summary: PTAB appeal decision affirming the examiner’s anticipation and obviousness rejections reversed and remanded since the prior art did not disclose the … Continue reading

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PTAB obviousness decision vacated as being improperly based on inherency

Knauf Insulation, Inc. et al. v. Rockwool International A/S Docket No. 2018-1810-11, -1891 DYK, LINN, TARANTO October 15, 2019 Non-precedential Brief Summary: PTAB inter partes reexamination obviousness determination vacated as being based on inherency. Summary: Knauf appealed PTAB’s inter partes … Continue reading

Posted in Article III disputes, Inter Parties Review (IPR), Obviousness, Reexamination, Uncategorized | Leave a comment