July 9, 2018
Authored and Edited by Brooke M. Wilner; Thomas L. Irving
In Sirona Dental Systems GmbH v. Institut Straumann AG, Nos. 17-1341, 17-1403 (Fed. Cir. June 19, 2018), the CAFC affirmed-in-part, vacated-in-part, and remanded-in-part the PTAB’s decision of obviousness and denial of the patent owner’s motion to amend. The court agreed that substantial evidence supported the PTAB’s finding of obviousness as the PTAB did not deviate from the grounds raised in the petition to present its own obviousness theory. However, the CAFC vacated and remanded the portion of the PTAB’s decision that placed the burden of proof of patentability of proposed amended claims on the patent owner. This appeal arose from an IPR challenging a patent directed to a drill assistance device for use in tooth implant surgery. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Food and Drug Administration (FDA), United States Court of Appeals for the Federal Circuit (CAFC), Obviousness (35 USC § 103)
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