By Kevin E. Noonan — The Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) in an inter partes review prompted by an infringement allegation in DexCom, Inc. v. Stewart (nonprecedential). The dispute created an opportunity for the Court to acknowledge the importance of the “expanded and flexible” approach to obviousness determinations occasioned by the Supreme Court’s decision in KSR Int’l. Co. v. Teleflex. Inc., 550 U.S. 398 (2007), and also the question of the extent to which prior art containing alternative embodiments, only one of which is relevant to…
