Airbus SAS v. Firepass Corporation, Case No. 2014-1808 (July 17, 2015) (precedential 3-0) Patent No. 6,418,752

Key point(s):

• A requestor in an inter partes reexamination may not appeal a determination that a proposed rejection does not raise a substantial new question of patentability.
• A requestor in an inter partes reexamination may appeal a refusal by an examiner to consider new art cited against new claims added in an already-instituted inter partes reexamination.

Trustees of Columbia University v. Illumina, Case No. 2014-1550 (July 17, 2015) (non-precedential 3-0) Patent Nos. 7,713,698, 8,088,575 and 7, 790, 869

Key point(s):

• The qualification of an expert as a person having ordinary skill in the art is a finding of fact in the underlying proceeding and subject to review based on whether there was substantial evidence to support the finding.
• Although it is preferable, the trier of fact need not make a finding as to the level of skill the fact-finder considers to be as a person having ordinary skill in the art.
• There must be an apparent reason to combine references in a manner to render a claim obvious.