Federal Circuit Court Decisions For Week Ending January 15, 2016
Biomet Orthopedics, LLC v. Puget Bioventures, LLC, No. 2015-1468, January 14, 2016 (nonprecedential); Patent No. 7,344,541
- The USPTO cannot enter claim amendments made in inter partes reexamination after expiration of a patent.
Ethicon Endo-Surgery, Inc. v. Covidien LP, No. 2014-1771, January 13, 2016 (precedential) (2-1); Patent No. 8,317,070
- It is lawful under the AIA for the same PTAB panel to both institute the decision for inter partes review and to render the review decision.
- Commercial success as evidence of nonobviousness is relevant only if the commercial success is due to a claimed feature and if this feature is novel.