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ARTICLE · 14 JUNE 2017

Spotlight on Upcoming Oral Arguments - June 2017

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Federal Circuit will address whether the Board exceeded its authority in an inter partes review by sua sponte raising a conception/lack of inurement defense on behalf of Petitioner HTC.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In Re NFC Technology, No. 16-1808, Courtroom 201

In this appeal from the PTAB, the Federal Circuit will address whether the Board exceeded its authority in an inter partes review by sua sponte raising a conception/lack of inurement defense on behalf of Petitioner HTC.  Patent owner NFCT argues that the Board's actions deprived NFCT of the opportunity to respond to the inurement defense prior to the Board issuing its final written decision.  The PTO argues that NFCT raised the issue of conception and that the Board's analysis of the issue was not restricted to the rebuttal arguments raised by HTC in its Reply.

AIA America v. Avid Radiopharmaceuticals, No. 16-2647; AIA America v. Eli Lilly, No. 16-2094, Courtroom 201

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