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ARTICLE · 21 JULY 2023

PTAB Newsletter

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Federal Circuit Precedential Decision: The Board Did Not Violate the APA by Changing Its Claim Construction Between the Preliminary Guidance and FWD on a Motion to Amend.

United StatesIntellectual Property
Jessica C. Kaiser
Jessica C. Kaiser
Abigail Struthers
Abigail Struthers
Christopher Marando
Christopher Marando
Elizabeth Long
Elizabeth Long
Alice Ho
Alice Ho
Atanas Baitchev
Atanas Baitchev
Thomas Carr PhD
Thomas Carr PhD
Joseph (Joe) M. Galvin
Joseph (Joe) M. Galvin
Tyler Knox
Tyler Knox
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In This Issue:

  • Q&A with Arnold & Porter Associate Drew Needham

  • Federal Circuit Decisions

    Federal Circuit Precedential Decision: The Board Did Not Violate the APA by Changing Its Claim Construction Between the Preliminary Guidance and FWD on a Motion to Amend. Medytox Inc. v. Galderma S.A., No. 2022-1165 (Fed. Cir. June 27, 2023).

    Federal Circuit Precedential Decision: Objective Evidence of Nonobviousness Lacks Nexus if It Exclusively Relates to a Known Feature. Yita LLC v. MacNeil IP LLC, 69 F.4th 1356 (Fed. Cir. 2023).

    Federal Circuit Precedential Decision: The Board Did Not Err in Finding Certain Challenged Claims Nonobvious Based on Objective Indicia of Nonobviousness. Medtronic Inc. v. Teleflex Innovations S.A.R.L., Case No. 21-2357 (Fed. Cir. June 05, 2023).

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