Washington, DC Principal Blair Jacobs authored "Axonics v. Medtronic: Fed Circ Addresses PTAB 'Errors' " analyzing the recent precedential Federal Circuit decision in Axonics v. Medtronic, which found that the Patent Trial and Appeal Board (PTAB) had erred by adopting a claim construction first presented in the patent owner’s response after the institution decision, and refusing to consider the petitioner’s reply arguments and evidence under the new claim construction. While he noted that “ongoing cases will likely continue to shape the precise boundaries between fair response and improper new arguments in this contentious field,” he added that “the lesson from Axonics appears to be that overreaching can come back to bite you.” Click here to read the full article.
