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17 August 2023FeaturesAmericasBlair Jacobs
Axonics v Medtronic: Fed Circ addresses PTAB ‘errors’
In Axonics v Medtronic, the US Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) 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.
