The U.S. Court of Appeals for the Federal Circuit has vacated and remanded a Patent Trial and Appeal Board decision that a reference guide qualified as a printed publication, in a case involving reexamination of medical device patents relating to access ports, asking for the Board to clarify its findings on this matter. Further, the court also concluded that some of the Board’s anticipation and obviousness rulings were predicated on erroneous claim construction, and it reversed the Board’s anticipation findings and remanded obviousness findings for further consideration under the correct construction, in light of any further findings on the printed publication question. The court affirmed all of the other aspects of the Board’s ruling (C.R. Bard, Inc. v. AngioDynamics, Inc., September 28, 2018, O’Malley, K.).
A full summary of this case has been published on Kluwer IP Law.