Federal Circuit Precedential

Category: 03 – March

  • ImmunoGen, Inc. v. Stewart

    A claimed solution to a problem that is not known in the prior art is not automatically non-obvious.

  • Odyssey Logistics & Technology Corp. v. Stewart

    The USPTO has discretion to deny a request for Director review on PTAB decisions made before Arthrex when an Appointments Clause challenge was not timely presented upon appeal.

  • Apple Inc. v. Gesture Technology Partners, LLC

    Whether a party is a real party in interest or privy under Section 315(e)(1) is a question of fact that should not be decided in the first instance on appeal.

  • 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.