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Analogous References: the Same Field or Problem Domain as the Invention
- 06.16.2023
By Babak Akhlaghi on June 16, 2023 The US Court of Appeals for the Federal Circuit has overturned the Patent Trial & Appeal Board’s determination of obviousness, stating that a prior art reference concerning automotive engine parts is not analogous to the challenged patent, which […]
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Unruly Distribution: Meeting 101 Conditions in Computer-related Claims
- 05.22.2023
In Sanderling Management Ltd. vs. Snap, Inc., the Federal Circuit held that a method for using distribution rules to load digital image branding functions to users when certain conditions are met are not patent eligible under 101. The claim in question recited: 1. A computerized […]
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The Grammar Secret: the Article “a” Still Signifies ‘One or More,’ but Requires a Single Component Executing All Functions”
- 05.02.2023
In Salazar v. AT&T Mobility LLC, the Federal Circuit held that the wording “a microprocessor” does not require there to be only one microprocessor in an open ended claim; however, subsequent limitations referring to “said microprocessor” require at least one microprocessor to be capable of […]
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USPTO Eliminates Voluntary CLE Certification for Patent Practitioners – What You Need to Know
- 02.03.2023
The United States Patent and Trademark Office (USPTO) has announced a final rule that eliminates the existing provisions of 37 CFR part 11 relating to continuing legal education (CLE) certification and recognition for patent practitioners. This means that 37 CFR 11.11(a)(3), which provided registered patent […]
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Common Law Collateral Estoppel Applies to Board’s decisions
- 03.08.2021
In SYNQOR, INC., v. VICOR CORPORATION, No. 19-1704 (Feb. 22, 2021), the Court held that common law collateral estoppel, also know as issue preclusion, applies to Board’s decisions in inter partes reexaminations. The ‘190 patent issued July 4, 2006, with a family of patents that […]
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The Sole Test for Anticipation in Design Patents is the “Ordinary Observer Test”
- 02.25.2021
In MOJAVE DESERT HOLDINGS, LLC, v. CROCS, INC., No. 20-1167 (Feb. 18, 2021), the Court upheld the Board’s finding that the prior art reference failing to show key surfaces in the asserted design patent cannot anticipate it. Crocs owned U.S. Patent No. D517,789 (the ‘798 […]
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