Category Archives: Prior Art

Yeda Res. and Dev. v. Mylan – “We don’t need no Stinkin’ Prior Art”

The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and Dev. v. Mylan, … Continue reading

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In re Smith, International, Inc. – What’s a “Body” to Do?

In re Smith, International, Inc., Appeal no. 2016-2303 (Fed. Cir., Sept. 16, 2017)(”Smith”), the Fed. Cir. reversed the PTAB (that had affirmed the Examiner’s rejection of the claims) on the basis that the Board had subjected an element in Smith’s … Continue reading

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Inequitable Conduct Intent Prong Due to Litigation Misconduct

In Regeneron Pharmaceuticals v. Merus N.V., Appeal No. 2016-1346 (Fed. Cir., July 27, 2017), a split three-judge panel of Prost, Wallach and Newman (Newman dissenting) affirmed the district court’s ruling that claim 1 of Regeneron’s U.S. Pat. No. 8,502,018 is … Continue reading

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PTO Proposes Revisions to the Duty of Disclosure (“Rule 56”)

After issuing a brief “notice” in 2011, shortly after the Fed. Cir. revised the duty of disclosure in the Therasense (76 FR at 43631), the PTO has now published a notice of proposed rulemaking to gather comments on its specific … Continue reading

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