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Articles by Kaitlyn Pehrson
A Split Decision on Patentability: What Worked for the Petitioner and What Did Not
Holding In Nanofiber Solutions, LLC v. Acera Surgical, Inc., IPR2021-01016, Paper 8 (P.T.A.B. Dec. 13, 2022), the Patent Trial and Appeal Board (“the Board”) found claims 1, 2, 4-7, and 13 of Acera’s US Pat. No. 10,632,228 (“the ’228 patent”) unpatentable. The Board also held that Nanofiber did not establish by a preponderance of the evidence that claims 3, 8-12, or 14-20 of the ’228 patent are unpatentable.
Defendants Allowed To Hide The Ball On Their Combination Of Prior Art References
Holding In Exelixis, Inc. v. MSN Laboratories Private Ltd., No. 19-2017 (D. Del. Apr. 20, 2022) ("Mem. Order"), Judge Richard Andrews of the United States District Court for the District of Delaware granted-in-part and denied-in-part a Daubert motion seeking to exclude the obviousness opinions of two experts. Background On October 29, 2019, May 11, 2020, and February 23, 2022, Exelixis, Inc. ("Exelixis") filed three separate complaints for patent infringement against MSN Laboratories Private Ltd.
How Sweet It Smells: Examiner Rejection Of Composition Claims Reversed
Holding In Ex parte Sturgis, No. 2021-002857 (P.T.A.B. Mar. 1, 2022), the Patent Trial and Appeal Board (“the Board”) reversed the examiner's decision to reject claims to an anhydrous stick composition as allegedly obvious and for obviousness-type double patenting. Background The claims of U.S. Patent Application 15/696,282 (“the '282 application”) are directed to antiperspirant and deodorant compositions that include cyclodextrin-complexed fragrance materials.
Supremely Confusing On That Complex Word
To print this article, all you need is to be registered or login on Mondaq.com. A patent drafter's selection of even the smallest of words, like "a," may have a significant impact on how a claim is construed. Does "a" mean "at least one"? Or does it mean just "one"? As the case law we explore in this article indicates, it can be both! And as will be seen, recently a split Supreme Court muddled through over 40 pages to try to decide what "a" meant in a particular statute.
Supremely Confusing on That Complex Word “A”; Is It Only One or Is It One or More?
Friday, June 11, 2021 A patent drafter’s selection of even the smallest of words, like “a,” may have a significant impact on how a claim is construed. Does “a” mean “at least one”? Or does it mean just “one”? As the case law we explore in this article indicates, it can be both! And as will be seen, recently a split Supreme Court muddled through over 40 pages to try to decide what “a” meant in a particular statute. “A” Means “One or More” In KCJ Corp. v. Kinetic Concepts, Inc., 223 F.3d 1351 (Fed. Cir.
Spotlight On Upcoming Oral Arguments – May 2021 - Intellectual Property - United States
The following telephone arguments will be available to the public live. Access information will be available by 9 AM ET each day of argument at: http://www.cafc.uscourts.gov/public-access-arguments. Monday, May 3, 2021 Mobility Workx, LLC v. Unified Patents, LLC, No. 20-1441 In 2017, Mobility Workx sued T-Mobile and Verizon Wireless in the Eastern District of Texas asserting U.S. Patent No. 8,213,417 (the "'417 patent").
Spotlight on Upcoming Oral Arguments – May 2021
Monday, April 26, 2021 The following telephone arguments will be available to the public live. Access information will be available by 9 AM ET each day of argument at: http://www.cafc.uscourts.gov/public-access-arguments. Monday, May 3, 2021 Mobility Workx, LLC v. Unified Patents, LLC, No. 20-1441 In 2017, Mobility Workx sued T-Mobile and Verizon Wireless in the Eastern District of Texas asserting U.S. Patent No. 8,213,417 (the “’417 patent”).
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