Ramification of Silence in Prosecution History and Reminder on Formulating Effective Obviousness Arguments

Nov 17, 2023 ELEKTA LIMITED v. ZAP SURGICAL SYSTEMS, INC. Decided: September 21, 2023 Before Reyna, Stoll, and Stark.  Opinion by Reyna. Summary The CAFC held that motivation to combine references is supported by substantial evidence including the patent prosecution history where relevancy of certain prior art, similar to an asserted reference in the IPR, was not contested […] READ MORE