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Federal Circuit Provides Guidance for “Printed Publication” Analysis in Inter Partes Reviews
Medtronic, Inc. v. Mark A. Barry, No. 17-1169 (Fed. Cir. June 11, 2018) The Federal Circuit affirmed-in-part and vacated-in-part the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board’s (PTAB’s) finding that the challenged claims were not obvious. The Panel affirmed the PTAB’s finding that the claims would not have been obvious over the prior art of record; however, the Panel vacated the PTAB’s conclusion that certain other art was not a “printed publication.” T