Expectation of Success Analysis Need Not Be Separate, PTAB Litigation Blog
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In Elekta Limited v. Zap Surgical Systems, Inc., the Federal Circuit recently affirmed a PTAB decision finding certain claims of a patent owned by Elekta Limited (“Elekta”) to be unpatentable, even though the PTAB decision had not expressly addressed the expectation of success for the proposed obviousness combination. No. 2021-1985, 2023 WL 6152418 (Fed. Cir. Sept. 21, 2023).
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