Previously, the ITC instituted an investigation of Instradentdental implants based on a complaint filed by Nobel alleging violations of 19 U.S.C. § 1337 by reason of importation of an implant product infringing the ’977 patent and another patent. The ITC’s Administrative Law Judge issued an Initial Determination finding claims 1–5 and 19 anticipated by the ABT catalog but the ITC later issued a Commission Opinion finding that Instradent failed to show by clear and convincing evidence, the standard applied by the ITC, that the ABT catalog is prior art under § 102(b). A Federal Circuit panel affirmed the ITC’s decision without opinion. Subsequently, Instradent petitioned for IPR of claims 1–7, 9, and 13–20 of the ’977 patent, and Nobel filed a statutory disclaimer of claims 9 and 13–18.
The post Federal Circuit Affirms PTAB Invalidation of Claims Federal Circuit Previously Upheld as Valid appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Mediocre Results so Far for Deferred Subject Matter Eligibility Response Pilot
- European Patent Organization: Responses from ChatGPT Do Not Represent the “Understanding of a Skilled Person”
- Blackburn and Hirono Sign on to PERA 2025
- $300 Million Damages Ruling for Optis Wiped Out by Federal Circuit Over Jury Instructions Violating Apple’s Seventh Amendment Rights
- Congress and Courts Need to Look in the Mirror When Asking Why Medical Innovation is Declining