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Be Advised: Settlement Does Not Necessarily End An IPR Or PGR

Be Advised: Settlement Does Not Necessarily End An IPR Or PGR

By: John Marlott – PTAB declines parties’ joint motion to terminate a post-grant proceeding filed one day after reaching settlement where the joint termination request came “very near the conclusion of the proceeding” and after the Board already “deliberated and decided the merits of the proceeding.”

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Not So Common Sense? Reliance on Common Sense to Establish Obviousness

Not So Common Sense? Reliance on Common Sense to Establish Obviousness

By: Albert Liou – A common defect when relying on “common sense” is the failure to provide explicit and clear reasoning with some rational underpinning why common sense compels a finding of obviousness. The decision reminds Practitioners that “common sense” is reached by explicit reasoning; it’s not an explanation in and of itself.

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