CAFC Says Failure to Appeal Examiner Cancellation Mooted Appeal of IPR Obviousness Findings

On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Best Medical International, Inc. v. Elekta Inc. affirming rulings by the Patent Trial and Appeal Board (PTAB) that invalidated patent claims covering a method and apparatus for radiation therapy of tumors. The appellate court, which issued a modified version of the opinion today to correct some minor formatting problems, also determined that Best Medical International (BMI) lacked standing to appeal the PTAB’s invalidation of claim 1 of BMI’s patent.Read More