Available Now: Federal Circuit Year in Review Report
Knobbe Martens’ 2025 Federal Circuit Year in Review report, covering over 50 of the most noteworthy patent-related Federal Circuit decisions issued last year, is now available! The report provides in-depth analysis from Knobbe Martens lawyers on a wide range of impactful rulings, organized by more than a dozen categories including PTAB developments, claim construction, infringement, and patentable subject matter. Learn more and download the report here.
No Detours: Plain Meaning Construction Drives Federal Circuit’s Obviousness Affirmance
Jeremiah S. Helm, Ph.D. & Fatima L. Kouadio
The Federal Circuit confirmed that the Board may delay a decision on rehearing while waiting for a Federal Circuit claim-construction decision in a parallel litigation and adopt the plain and ordinary meaning of claim terms even when a district court previously applied a narrower construction.
Ex Parte Reexaminations Are Maintained by the PTO, Not the Petitioner
Jacob R. Rosenbaum & Michael E. Salamy
The estoppel provision of 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte reexaminations because the petitioner does not “maintain” the proceeding, the Patent Office does.
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