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Pro hac vice admission before the Patent Trial and Appeal Board discretionary and for good cause

  • Plumsea Law Group LLC
  • -
  • USA
  • -
  • March 14 2013

The new trial proceedings before the Patent Trial and Appeal Board ("the Board") permit the Board in its discretion to "recognize counsel pro hac

Part 2: a tale of two views substantial evidence vs. a thorough & searching inquiry, in a post-KSR world

  • Plumsea Law Group LLC
  • -
  • USA
  • -
  • July 9 2012

In Part 1 of this article, we examined the majority opinion in In Re Suong-Hyu Hyon and Masanori Oka

Part 1: a tale of two views substantial evidence vs. a thorough & searching inquiry, in a post-KSR world

  • Plumsea Law Group LLC
  • -
  • USA
  • -
  • June 12 2012

As the M.P.E.P. instructs, “while the ultimate determination of obviousness is a legal conclusion, the underlying Graham inquiries are factual.”

In the course of an obviousness-based reversal of the BPAI, the CAFC reminds us that drawings can be used as prior art, without referring to the surrounding description, only if the prior art features are clearly disclosed by the drawing

  • Plumsea Law Group LLC
  • -
  • USA
  • -
  • May 22 2012

In a nonprecedential opinion, PlaSmart, Inc. v. David J. Kappos et al., No. 2011-1570 (Fed. Cir. decided May 22, 2012), Judge Lourie writes for the CAFC in reversing the BPAI on two grounds