Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 APRIL 2017

Shoulder Replacement Apparatus Not Anticipated By Prior Art Requiring Modification To Satisfy Claim Language

Hunton Andrews Kurth LLP
Explore more from Hunton Andrews Kurth LLP

In an appeal from the USPTO where the PTAB affirmed the examiner's rejection of Chudik's claims as anticipated by two separate prior art references, the CAFC reversed because substantial evidence did not support...

United StatesIntellectual Property
Rose Cordero Prey
Rose Cordero Prey
Katrin Feldhaus
Katrin Feldhaus
Michael Block
Michael Block
Author LinkedIn connections

IN RE: CHUDIK: March 27, 2017. Before Dyk, Reyna, and Stoll.

Takeaway:

  • A prior art reference that must be distorted from its obvious design does not anticipate claims.

Procedural Posture:

In an appeal from the USPTO where the PTAB affirmed the examiner's rejection of Chudik's claims as anticipated by two separate prior art references, the CAFC reversed because substantial evidence did not support the PTAB's decision.

Synopsis:

  • Anticipation: The claims on appeal were directed to a device used in shoulder replacement surgery requiring "a protruding surface on a first side arranged to engage the surface of a cavity formed in a glenoid extending between peripheral glenoid surfaces." The PTAB sustained the examiner's anticipation rejection under two separate prior art references because in each, surfaces could be "arranged" to engage with the specified regions even if they were not described or depicted as actually engaging. The CAFC agreed that the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein