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Oblon is headquartered within steps of the United States Patent and Trademark Office (USPTO), and has an affiliate office in Tokyo, Japan. Oblon is…
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Oblon | USA | 16 May 2023

PTAB Denies Motion to Amend Claims After Determining the Term "High Pressure" is Indefinite

The Patent Trial and Appeals Board denied U.S. Well Services, LLC’s (the Patent Owner) Motion to Amend the claims of U.S. Patent No. 10,254,732 B2…
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Oblon | USA | 15 May 2023

Supreme Court Denies Cert in Patent Eligibility Cases and the Skinny Label Case

Today the Supreme Court denied cert in GSK v. Teva in which the Solicitor General filed a brief in support of granting cert. The Solicitor argued…
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Oblon | USA | 12 May 2023

Amgen v. Sanofi - Impermissible Functional Claiming?

On April 28 the Supreme Court heard oral arguments on Amgen’s petition of the Federal Circuit’s decision affirming the district court’s decision on…
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Oblon | USA | 11 May 2023

Broadest Reasonable Interpretation, not Broadest Possible Interpretation

On May 2, 2023, the Patent Trial and Appeal Board (PTAB) reversed the Examiner’s rejection of a claim directed to a method of creating an immobilized…
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Oblon | USA | 11 May 2023

Legal protection from generative AI in Japan

In the April 29, 2023 article, the Yomiuri Shimbun reported that a group of creative artists met with government official to discuss legal…
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Oblon | USA | 20 Apr 2023

USPTO Issues Advance Notice of Proposed Rulemaking for America Invents Act (AIA) Proceedings Before the Patent Trial and Appeal Board

The USPTO today announced Advance Notice of Proposed Rulemaking for PTAB reforms regarding IPRs/PGRs. The proposal related to five areas: Key Area 1:…
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Oblon | USA | 10 Apr 2023

PTAB Finds Teaching Away in Non-Overlapping Range

On March 15, 2023, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued an opinion in the appeal…
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Oblon | USA | 7 Apr 2023

A Broad Outline of a Genus's Perimeter Is Insufficient For Written Description of the Members of the Genus

The Regents of the University of Minnesota (“Minnesota”) appealed from a final decision of the U.S. PTO Patent Trial and Appeal Board (“the Board”)…
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Oblon | USA | 4 Apr 2023

Anticipation Under the Public Use Bar

Minerva Surgical, Inc. sued Hologic, Inc. and Cytyc Surgical Products, LLC in the District of Delaware for infringement of U.S. Patent No. 9,186,208…
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Oblon | USA | 3 Apr 2023

PIV Notice Need Not Address All Claims to Preserve Rights

In Bausch Health Ireland v. Mylan Pharms. N.D. WV., 1:22CV20 Bausch moved for judgment of infringement on the pleadings under Rule 12(c) to prevent…
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