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Institution Denied: Pending Federal Circuit Appeal Warrants Denial of IPR

The PTAB recently exercised its discretion to deny institution of an IPR proceeding because a potentially dispositive claim construction issue was pending before the Federal Circuit. Comtech Mobile Datacom Corp v. Vehicle IP,...more

Indefiniteness Standard Applicable in PGRs: Reasonably Certain or Clear?

Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s...more

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