IPWatchdog

Federal Circuit Vacates PTAB Decision, Finding Board Erred in Requiring Motivation to Combine

The Federal Circuit on Friday vacated and remanded a final written decision from the Patent Trial and Appeal Board concluding ...
IPWatchdog

How Patent Owners Can Disqualify Prior Art References Relied Upon by Petitioner for Unpatentability

To request cancellation of one or more claims of a patent in an inter partes review (IPR), a petitioner must challenge the claim on the basis that the claim is unpatentable under 35 U.S.C §102 or 103, ...
JD Supra

Prior Art References Introduced After IPR Institution Are Permissible to Show State of Art

Addressing issues related to introducing additional prior art references after institution of an inter partes review (IPR), the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and ...
Reuters

IPR tricks of the trade: Don't forget to show prior art is analogous in obviousness challenge to patentability

May 25, 2023 - In inter partes reviews (IPRs), a petitioner may challenge the validity of issued claims as being obvious over one or more prior art references. A claim is unpatentable if it would have ...
JD Supra

Incorporated References Can Be Used in an Anticipation Rejection

A claim is said to be anticipated when a single prior art reference discloses, either expressly or inherently, each and every limitation of the claim. But what happens when a prior art reference ...