Ryan McDonnell

Silence Is Not Surrender: Federal Circuit Determines That Arguments Omitted In PTAB Rehearing Request Were Not Forfeited On Appeal

Pre-Filing Private Sales Cannot Antedate Prior-Art References Under The § 102(b)(2)(B) "Public Disclosure" Exception

Federal Circuit Affirms Rejection Of Character Mark Citing Prior Use And Likelihood Of Confusion

No Consequence For Board Issuing Final Written Decision Over 37 Months After Institution

October 2023 - Last Month At The Federal Circuit Podcast Series (Podcast)

Podcast Series: Last Month At The Federal Circuit - October 2023

When To Consider Expert Testimony For Special Purpose Computer-Implemented Means-Plus-Function Claims

Characterization Of Reference As Primary Or Secondary Has No Effect On The Obviousness Analysis

Later Induced Infringement Claims May Not Be Barred By Earlier Direct Infringement Claims

Contribution Of Elements Of Invention Used To Distinguish Invention From Prior Art Is Sufficient For Inventorship