article thumbnail

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

Intellectual Property Law Blog

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

Invention 130
article thumbnail

SCOTUS Denies Petition to Review CAFC Precedent on Articulating Justification of Primary Reference Selection

IP Watchdog

The petition specifically asked the Court to review the CAFC’s holding that Schwendimann’s argument that “justification for selection of a primary reference is a necessary step to guard against hindsight bias for the motivation to combine references” was unsupported by Federal Circuit case law.

Patent 100
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Copyright References in the Budget: Good Intentions Are Welcome but Early Action is Needed

Hugh Stephens Blog

Last week I discussed the copyright needle buried in the 2022 Canadian budget haystack, a reference to impending legislation to amend the Copyright Act to fulfill Canada’s obligation under the USMCA/CUSMA to extend its term of copyright protection from the life of the author plus 50 years to “life plus 70”.

Copyright 246
article thumbnail

Why Incorporating By Reference Is Rarely Good Practice

IP Law 360

Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson. The Federal Circuit’s recent ruling in Promptu Systems v.

52
article thumbnail

Total References Cited

Patently-O

The chart below shows a histogram of the total number of references per patent. Utility patents issued in 2021) with the mode, median, and average noted.

Patent 118
article thumbnail

Words Matter: ‘Said’ or ‘The’ in Claim Refers Back to Initial Phrase, Even If Multiple Elements

JD Supra Law

Court of Appeals for the Federal Circuit reaffirmed the long-standing principle that in grammatical terms, use of “said” or “the” in a claim are anaphoric phrases, referring to the initial antecedent phrase, even when the initial phrase refers to one or more elements. By: Manatt, Phelps & Phillips, LLP

article thumbnail

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

Intellectual Property Law Blog

Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § (“VSI”), asserted that the claimed invention of the challenged patents was conceived in early 2005.

Art 147