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ARTICLE · 10 JULY 2023

Second Quarter 2023 Federal Circuit Law Update

Baker Botts L.L.P.
Baker Botts L.L.P.
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Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter...

United StatesIntellectual Property
Michael Hawes
Michael Hawes

I. Patentability Requirements

A. Inventorship/Invention and Priority Dates

1. Reduction to Practice

a. Actual

"Sufficiency of the testing required to show an invention worked for its intended purpose is a question of fact reviewed for substantial evidence." Medtronic, Inc. v. Teleflex Innovations S.ÀR.L., 2021-2356, 5/24/23.

i. Intended Purpose

"Similar to claim construction, a determination of an invention's intended purposes is a legal issue, reviewed de novo." Medtronic, Inc. v. Teleflex Innovations S.ÀR.L., 2021- 2356, 5/24/23.

"[A]lthough the patents themselves are the most important and, indeed, most persuasive evidence of the patents' intended purpose, we find it is appropriate to consider extrinsic evidence, particularly when it does not contradict the patents themselves." Medtronic, Inc. v. Teleflex Innovations S.ÀR.L., 2021-2356, 5/24/23.

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