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Optimizing Obviousness: Routine Optimization Can Fill in Prior Art Gaps

In an appeal from a Patent Trial & Appeal Board finding of invalidity, the US Court of Appeals for the Federal Circuit held that the result-effective variable doctrine can apply even when there is no overlap between a claimed...more

Distinguishing Drinkware—Provisional Priority Determined Differently in Pre- and Post-AIA Patents

In a precedential final written decision, the Patent Trial & Appeal Board concluded that a patent does not need to contain a claim supported by a provisional application’s disclosure to draw priority to that provisional for...more

Compelling Clarity: PTO Director Explains Compelling Merits Test

US Patent & Trademark Office (PTO) Director Katherine K. Vidal issued a precedential opinion clarifying the standard under which the Patent Trial & Appeal Board (Board) can institute on an inter partes review (IPR) petition...more

Cloudy Skies: PTO Director Finds Abuse and Sanctionable Conduct

The US Patent & Trademark Office (PTO) Director issued a precedential opinion finding that filing an inter partes review (IPR) solely to extract payment in a settlement—without the intent to prosecute the IPR to completion—is...more

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