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Read more: Restem, LLC v. Jadi Cell, LLC
A product-by-process claim is not inherently anticipated by a reference that merely discloses the claimed process. When determining validity of a product-by-process claim, the focus is whether the prior art discloses the claimed product and not the process of making the claimed product.
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Read more: US Synthetic Corp. v. ITC
A claim that recites material properties to define structural characteristics of the claimed composition is not directed to an abstract idea that is patent ineligible under Section 101 when the specification clearly explains the correlation between the claimed properties and the structural characteristics.
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Read more: Kroy IP Holdings, LLC v. Groupon, Inc.
A decision of unpatentability in an IPR reached under a preponderance of the evidence standard cannot collaterally estop the patentee from asserting other, unadjudicated claims at the district court.
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Read more: Trudell Medical International Inc. v. D R Burton Healthcare, LLC
Untimely expert testimony is only allowable when there is a showing that the failure to disclose was either substantially justified or harmless.
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Read more: HD Silicon Solutions LLC v. Microchip Technology Inc.
Extrinsic evidence may only be used to assist with a proper understanding of a disputed claim limitation and should not be used for claim construction when it conflicts with the specification, claims, and prosecution history for the disputed claim limitation.
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Read more: Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc.
For non-obviousness type double patenting, the fact that one patent has a broad claim that encompasses a narrower claim in a second patent does not automatically constitute double patenting.
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Read more: Apple Inc. v. Gesture Technology Partners, LLC
The PTAB has jurisdiction over an IPR that is brought against an already expired patent.
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Read more: Steuben Foods, Inc. v. Shibuya Hoppmann Corp.
The “substantially the same way” comparison to find equivalence to a means plus function limitation should focus on the overall structure corresponding to the claimed function and not on the unclaimed, individual components of that structure.
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