Sitting By Designation, Judge Albright Pens First Federal Circuit Opinion Vacating PTAB Decision for Failing to Consider Petitioner’s Reply Brief Claim Construction Arguments

June 24, 2024PatentApple, Axonics v. Medtronic, Claim Construction, Federal Circuit, inter partes review, IPR, Judge Alan D. Albright, obviousness, Omni MedSci, paid, patent law, PTAB, reply brief, sandbagging, wearable devicesDennis Crouch

by Dennis Crouch

The Federal Circuit's 2023 decision in Axonics, Inc. v. Medtronic, Inc. marked an important change in inter partes review procedure, ensuring petitioners have an opportunity to respond patentee's newly proposed arguments, with the hope of discouraging patent owners from holding-back ("sandbagging") at the institution stage. Case-in-point is the Federal Circuit's recent Apple v. Omni MedSci decision authored by Judge Alan D. Albright sitting by designation.

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