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Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference

Intellectual Property Law Blog

Background The challenged patents all claim priority to a common application filed on May 3, 2006, and share a common specification. Medtronic additionally argued that the Board erred in relying solely on uncorroborated inventor testimony as evidence of actual reduction to practice. Goldfarb , 154 F.3d 3d 1321, 1327 (Fed. 3d at 1330.

Art 147
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Terminal Disclaimers: A Growing Concern in Patent Practice

Patently-O

The Rising Trend USPTO data from the last two decades reveal a noticeable increase in the percentage of issued patents with a terminal disclaimer, from 9% in 2006 to more than 18% by 2024, with a major jump from the prior trend in 2023. utility patents bound by a terminal disclaimer.

Patent 52
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Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference

LexBlog IP

Background The challenged patents all claim priority to a common application filed on May 3, 2006, and share a common specification. ” Medtronic additionally argued that the Board erred in relying solely on uncorroborated inventor testimony as evidence of actual reduction to practice. .” § 102(e). § 102(e).

Art 52
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Federal Circuit Rebukes Attempt to Incorporate Arguments by Reference to a Related IPR Petition

Intellectual Property Law Blog

Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). Medtronic appealed. Under pre-AIA 25 U.S.C. §

Invention 130
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Jumbo Patents

Patently-O

The impact of that change began to be felt in patents issued in 2006, and is shown much more dramatically by 2008 as the pre-2005 applications worked their way out of the system. 11,080,336 – 302 claims – “a commonplace of information” – solo inventor. 10,951,742 – 176 claims – JENAM TECH.

Patent 124
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Federal Circuit Upholds a Silent Written Description

LexBlog IP

Because the patent was silent, the inventors did not possess the invention as of the 2006 priority date of the patent. The district court relied on expert testimony to find that the specifications of the patent and its 2006 priority application both disclosed a 0.5 mg daily dose. mg/day dose would be effective.”

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Guest Post: Margo Bagley, The Diversity Pilots Initiative

Patently-O

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.