September 21, 2020
Authored and Edited by Kyu Yun Kim; Thomas L. Irving; Elizabeth D. Ferrill; Stacy Lewis*
The case of Trans Ova Genetics, LC v. XY, LLC, No. 2019-2312 (Fed. Cir. Sept. 8, 2020) Rule 36 affirmance of IPR2018-00250 demonstrates that the Federal Circuit, in a close case, can use the burden of proof to decide which parties loses. In this case, the loser was Trans Ova, who brought an IPR against XY, but never took steps to find out exactly what Green actually did. That was critical to the case of whether a prior art article was “of another.” By not finding out, Trans Ova could not carry its burden of proof and lost.
For more detailed analysis of this case, please see on Finnegan’s AIA Blog.
*Stacy Lewis is a Law Clerk at Finnegan
Copyright © 2020 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Conference
4th Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA
October 8-24, 2024
Virtual
Conference
2024 Corporate Counsel Women of Color: Career Strategies Conference
October 2-5, 2024
Las Vegas
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.