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Federal Circuit Vacates PTAB Decision On Obviousness
On Nov., 16, 2015, a Federal Circuit panel of Chief Judge Prost, Judge Wallach, and Judge Taranto issued a unanimous opinion, authored by Judge Taranto, in Ariosa Diagnostics v. Verinata Health, Inc., Case Nos. 2015-1215, 2015-1226. The panel vacated the PTAB's decision in an inter partes review (IPR) proceeding and remanded, due to the PTAB's failure to properly consider an exhibit submitted by the petitioner.
Ariosa filed two petitions for IPR of U.S. Patent No. 8,318,430 against patent owner Verinata. Ariosa's petitions were based on arguments that the claims were unpatentable as obvious in view of three prior art references. The PTAB instituted both proceedings, but after receiving the patent owner's response, the petitioner's reply, and counsel's oral arguments, the PTAB upheld the claims. The PTAB's central point was that Ariosa's petitions were lacking because “virtually no effort [wa]s made to explain how or where the references differ from the challenged claims, how one of ordinary skill in the art would go about combining their disparate elements, or what modifications one of ordinary skill in the art would necessarily have made in order to combine the disparate elements.” Slip Op. at 8-9.
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