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Salesforce’s Reexams Estopped by RPX IPRs

In decisions rare of their kind, the U.S. Patent and Trademark Office (“USPTO”) terminated two ex parte reexaminations in view of inter partes review (“IPR”) proceedings initiated by a different party. The decisions represent...more

Patent Transfer to Native American Tribe Does Not Immunize Patents from Inter Partes Review

This ruling may have eliminated the practice of transferring patents to Native American tribes for immunization from IPR proceedings. The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign...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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