Holding: In Trans Ova Genetics, L.C. v. XY, LLC, No. 2019-2312 (Fed. Cir. Sept. 8, 2020), the U.S. Court of Appeals for the Federal Circuit (Judges Reyna, Clevenger, and Chen) issued a Rule 36 affirmance of the Patent Trial and Appeal Board’s (the PTAB’s) final written decision (FWD) that Trans Ova failed to establish that a Lu article qualifies as prior art.
