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In this issue:

  • Q&A with Arnold & Porter Associate Drew Needham

  • Federal Circuit Decisions
    Federal Circuit Precedential Decision: The Board Did Not Violate the APA by Changing Its Claim Construction Between the Preliminary Guidance and FWD on a Motion to Amend. Medytox Inc. v. Galderma S.A., No. 2022-1165 (Fed. Cir. June 27, 2023).

    Federal Circuit Precedential Decision: Objective Evidence of Nonobviousness Lacks Nexus if It Exclusively Relates to a Known Feature. Yita LLC v. MacNeil IP LLC, 69 F.4th 1356 (Fed. Cir. 2023).

    Federal Circuit Precedential Decision: The Board Did Not Err in Finding Certain Challenged Claims Nonobvious Based on Objective Indicia of Nonobviousness. Medtronic Inc. v. Teleflex Innovations S.A.R.L., Case No. 21-2357 (Fed. Cir. June 05, 2023).

  • Director Review Decision
    Non-Precedential Director Review Decision: Patent Owner Did Not Forfeit Ability To Argue Against AAPA, but Petitioner’s Use of AAPA Was Appropriate. SolarEdge Technologies Ltd. v. SMA Solar Technology AG, IPR2020-00021, Paper 34 (PTAB June 8, 2023).

  • Notable Board Decisions
    Board Denies Motion to Terminate IPR; Collateral Estoppel and Claim Preclusion Do Not Apply to Previous District Court Findings. Patent Quality Assurance LLC v. VLSI Technology LLC, IPR2021-01229, Paper 128 (PTAB June 3, 2023).

    Board Panel Issues Decision With Two APJs Concurring in the Result but Not the Reasoning. Pelican Biothermal v. VFA-Q-TEC AG, PGR2021-00085, Paper 35 (PTAB June 16, 2023).

  • Other News
    USPTO Released Its 2022-2026 Strategic Plan

© Arnold & Porter Kaye Scholer LLP 2023 All Rights Reserved. This newsletter is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.