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The References are not the Only Sources a Person of Ordinary Skill Would Consider | Harness, Dickey & Pierce, P L C

The References are not the Only Sources a Person of Ordinary Skill Would Consider | Harness, Dickey & Pierce, P L C
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Telepharma Disconnect: Federal Circuit Reverses PTAB On Obviousness - Intellectual Property

inter partes review ( IPR ) decision that held Baxter Corporation Englewood s ( Baxter s ) claims were not invalid under 35 U.S.C. § 103(a) obviousness based on three prior art references: Alexander, Liff, and Morrison. The appeal involved telepharmacy technology for providing drug information to a pharmacist for approval while other non-pharmacists prepare the order. At issue on appeal were two limitations of the 8,554,579 ( 579 patent ), referred to as the verification limitation and the highlighting limitation. The verification limitation relates to steps that must be verified as completed before the pharmacist can continue and the highlighting limitation relates to interactive screens that include prompts which can be highlighted

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Last Week in the Federal Circuit (May 24-28): Once A Granted Patent, Always a Granted Patent? | Morrison & Foerster LLP - Federal Circuitry

Panel: Judges Prost, Clevenger, and Dyk, with Judge Dyk writing the opinion You should read this case if: you have a prior art patent that was cancelled in inter partes review In our case of the week, a patent challenger challenged patent claims as obvious in light of a prior patent. But that prior patent was itself cancelled in an inter partes review. Does that patent remain prior art for purposes of the obviousness analysis? Baxter, the patent owner in this case, argued “no.” In Baxter’s view, an inter partes review is a second look at the patent grant, so when the inter partes review results in cancellation, it’s as if the patent was never granted in the first place.

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