Before NEWMAN, CHEN, and HUGHES.  Appeal from the Patent Trial and Appeal Board.

Summary: In inter partes review, the patent challenger bears the burden of proving that proposed amended claims are unpatentable.  This burden applies equally to indefiniteness challenges.

The PTAB issued and order stating that it would grant Patent Owner’s motion to amend claims upon Patent Owner accepting further claim amendments suggested by the judges in Taiwan Semiconductor Manufacturing Co. Ltd. v. Godo Kaisha IP Bridge 1, IPR2016-01249, Paper 46 (P.T.A.B. Dec. 12, 2017).

Before Lourie, O’Malley, and Taranto.  Appeal from the United States District Court for the Eastern District of New York.

Summary:  For divided infringement under § 271(a), an accused infringer does not avoid liability merely because the third party is not obligated to perform the patented steps.  As long as the third party must perform the patented steps to receive value from the accused infringer, the third-party’s actions may be attributed to the accused infringer.

Virtual reality is not just a growing trend in the entertainment industry, but is now reaching the healthcare field. As the technology improves and develops, the uses of virtual reality expand for doctors, students, and patients.

Before Dyk, Moore, and Stoll.  Appeal from the Trademark Trial and Appeal Board.

Summary:  The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an unconstitutional restriction of free speech under the First Amendment.  This follows six months after the Supreme Court held in Matal v. Tam, 137 S. Ct. 1744 (2017), that the bar against registering  disparaging trademarks also violates the First Amendment.  

On October 24, 2017, the FDA announced new steps that it is taking to promote beneficial medical device innovation.

The FDA recently approved Abbott’s FreeStyle Libre Flash Glucose Monitoring System.  According to Bloomberg, this device marks the first continuous glucose monitoring system that adults can use that does not…

The FDA recently cleared the first medical device accessory for the Apple Watch — AliveCor’s KardiaBand.  According to AliveCor, the Kardiaband is a mobile, real-time electrocardiogram (EKG) reader that can record an EKG within 30 seconds and display the results on the Apple Watch or iPhone.  In conjunction with the KardiaBand, AliveCor is introducing “SmartRhythm, a new feature within the Kardia app for the Apple Watch.” 

The U.S. Food and Drug Administration released finalized guidance regarding 3D printing in medical devices.  The guidance document, which issued on December 5, 2017, is based on the FDA’s review of more than 100 devices currently on the market that are manufactured using 3D printers.  Importantly, many of these devices can be tailored to fit a specific patient’s anatomy.  For example, the FDA has reviewed 3D-printed knee replacements and implants for facial reconstruction.

The U.S. Food and Drug Administration released finalized guidance regarding 3D printing in medical devices.  The guidance document, which issued on December 5, 2017, is based on the FDA’s review of more than 100 devices currently on the market that are manufactured using 3D printers.  Importantly, many of these devices can be tailored to fit a specific patient’s anatomy.  For example, the FDA has reviewed 3D-printed knee replacements and implants for facial reconstruction