In Ex parte Langenfeld (Appeal 2021-004075), the Examiner rejected the claims as obvious over a combination of prior art references and based on the theory of
Mylan Pharm. v. Merck Sharp & Dohme Corp., No. 2021-2121 (Fed. Cir. Sep. 29, 2022), is a recent decision of the Federal Circuit considering, inter alia,
In Ex parte Makarova (Appeal No. 2022-002730), the examiner rejected the claims as obvious based on a combination of references. The PTAB reversed, finding important differences
On June 21, 2022, the Federal Circuit decided Novartis Pharm. Corp. v. Accord Healthcare, Inc., No. 2021-1070 (Fed. Cir. June 21, 2022) finding that a negative limitation
This summer the Supreme Court denied certiorari in (i.e., declined to review) American Axle & Mfg. Inc. v. Neapco Holdings LLC. To many patent practitioners in the
Ex parte Bhatnagar is a recent decision in which the Patent Trial and Appeal Board (PTAB) reversed an obviousness rejection because the Examiner’s reason for modifying
Examiners often make § 112(b) indefiniteness rejections when claims include relative terms. The Patent Trial and Appeal Board (“Board”) in Ex parte Rehder (Appeal 2021-003607) considered
In Ex parte Whiteman (Appeal No. 2021-003736), the examiner rejected the claims as obvious based on a hypothetical particle distribution consistent with the prior art. The
Last December, in Modernatx, Inc. v. Arbutus Biopharma Corp., 18 F.4th 1364 (Fed. Cir. 2021), Moderna, in appealing their challenge to an Arbutus patent in an