Applicant Admitted Prior Art Can (Sometimes) Show Obviousness
SHOCKWAVE MED., INC., V. CARDIOVASCULAR SYS., INC. Before Lourie, Dyk, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2019-00405. Summary:...
Speculative Plans Are Insufficient to Establish Standing in PTAB Appeals
INCYTE CORPORATION v. SUN PHARMACEUTICAL INDUSTRIES, INC. Before Moore, Hughes, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Speculative plans for potentially infringing activity are insufficient to...
An Eye Toward Prosecution History
EYE THERAPIES, LLC v. SLAYBACK PHARMA LLC Before Taranto, Stoll and Scarsi (sitting by designation) Summary: The patent’s prosecution history required a restrictive interpretation of the term “consisting essentially of.”...