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Articles: 1-10 of 250

Inventor’s Uncorroborated Testimony Not Sufficient to Swear Behind Reference

USA - May 14 2018 Attempting to “swear behind” an alleged prior art reference has been common practice in IPRs, going back to the first IPR, Garmin Int’l, Inc. v…

IPR and Estoppel after SAS Institute

USA - May 9 2018 The Supreme Court held on April 24, 2018 that if the Patent Office institutes and inter partes review (IPR) proceeding, it must issue a final written…

Patent Office Proposes to Jettison BRI in AIA Trials

USA - May 8 2018 The Patent Office today issued a press release of its notice of proposed rulemaking that would replace the broadest reasonable interpretation standard…

Tribal Sovereign Immunity Alone Cannot Protect Patents from IPR

USA - May 4 2018 In late March, the Federal Circuit issued an order staying the PTAB proceedings concerning numerous related IPRs of patents issued to Allergan, Inc…

Federal Circuit Remands PTAB Decision to Assess Dependent Claim Patentability

USA - May 3 2018 In MaxLinear Inc. v. CF Crespe LLC the Federal Circuit ruled that the PTAB did not address arguments concerning patentability of certain dependent…

Motion to Amend Substituting Claims Granted in Full, Possibly Reflecting the Change Wrought By Aqua Products

USA - May 2 2018 The Board recently granted a motion to amend, to replace unpatentable claims with proposed substitute claims, a rare occurrence that may signal a…

Supreme Court Decides that IPR Final Decisions Must Address All Challenged Claims

USA - April 24 2018 On April 24, 2018, the Supreme Court issued its decision in SAS Institute, Inc. v. ComplementSoft, LLC, holding that if the Patent Office institutes…

The Supreme Court Finds IPR Proceedings Constitutional

United Kingdom, USA - April 24 2018 Inter partes review (IPR) is a procedure that allows a party to challenge the validity of an issued patent based on prior art patents or printed…

Claim Term Read Out by PTAB Constituted “Harmless Error”

USA - April 20 2018 In a recent non-precedential decision, Snap-on Inc. v. Milwaukee Elec. Tool Corp., No. 2017-1305, 2018 WL 935454 (Fed. Cir. Feb. 16, 2018), the…

Play the Claim

USA - April 17 2018 Monsanto Technology LLC v. E.I. DuPont de Nemours & Co. Appeal 2017-1032 (Fed. Cir. Jan. 5, 2018), illustrates “[t]he life of a patent solicitor has…