This morning, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion affirms a judgment of the Patent Trial and Appeal Board, which denied a motion to exclude a declaration and found claims unpatenable as obvious. The order is a dismissal. Here is the introduction to the opinion and a link to the order.
United Therapeutics Corp. v. Liquidia Technologies, Inc. (Nonprecedential)
This is the case of a missing oath and purportedly missing claim limitation. United Therapeutics Corporation (UTC) appeals the Patent Trial and Appeal Board’s final written decision denying UTC’s motion to exclude the declaration of Dr. Jeffrey D. Winkler for failure to include an oath. UTC also appeals the Board’s final written decision holding certain claims of U.S. Patent No. 9,604,901 unpatentable as obvious. We affirm the Board’s denial of UTC’s motion to exclude and its obviousness determination.