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Category: 102 | Yonaxis I.P. Law Group

Category: "102"

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Fed Circuit Watch: Cat’s Out of the Bag: Continuous Reduction to Practice is Reasonable Diligence

Arctic Cat Inc. has been involved in a few patent-related cases in recent years, including one case from 2018 which we discussed on this blog dealing with the law of obviousness’s motivation to...

Fed Circuit Watch: Pre-Critical Date Surgeries Not Invalidating Public Uses

In the first split precedential decision of 2019 by the Court of Appeals for the Federal Circuit, the Fed Circuit assessed the issues of invalidating public disclosure versus an inventor’s exception...

SCOTUS Watch: On-Sale Bar Still Valid Under AIA

On January 22, 2019, the United States Supreme Court handed down a highly anticipated ruling that has caused measurable discrepancies amongst the patent community after the America Invents Act (AIA)...

Fed Circuit Watch: PTAB Anticipation Analysis All Wrong

Anticipation in patent law means the claimed invention lacks novelty, or is not new; in other words, the invention was already invented. Anticipation, as codified in 35 U.S.C. §102(a) (or...

Fed Circuit Watch: Swearing Behind Must be Supported by Sufficient Evidence

On April 17, 2018, the Court of Appeals for the Federal Circuit held in Apator Miitors ApS v. Kamstrup A/S, that in order for a patent assignee to swear behind a reference by antedating its own...

Fed Circuit Watch: Unreasonably Broad PTAB Claim Construction Reversed

On March 19, 2018, the Court of Appeals for the Federal Circuit rejected, in In re Power Integrations, Inc., a PTAB decision finding that claims were invalidated as anticipated as unreasonably...

Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim

On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc., which deals with many areas in patents, including foreign applications, priority...

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