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POP: What Makes A Book A “Printed Publication”?

POP: What Makes A Book A “Printed Publication”?

By Alex Li and Matt Johnson - A petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications.  But what makes a reference a “printed publication”?  On December 20, 2019, the Precedential...

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Update: Parties, Government Seek Rehearing in Arthrex

Update: Parties, Government Seek Rehearing in Arthrex

By Nate Andrews and Emily Tait - January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions, linked here:  Government Response, Appellant Arthrex's Response, Appellee Smith & Nephew's Response As we have previously discussed...

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Updates on Arthrex Developments

Updates on Arthrex Developments

By Nate Andrews, Jasper Tran, and Matt Johnson - The Federal Circuit and the patent world continue to grapple with the court’s decision in Arthrex v. Smith & Nephew.  Since our last updates, the parties in Arthrex and other cases have continued the push for en...

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Practice Tool: PTAB Publishes Consolidated Practice Guide

Practice Tool: PTAB Publishes Consolidated Practice Guide

In November 2019, the United States Patent and Trademark Office published a second edition of the America Invents Act (AIA) Trial Practice Guide (Practice Guide) to incorporate the Practice Guide updates released in August 2018 and July 2019 into the original August...

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Motion to Amend Available Only For Challenged Claims

Motion to Amend Available Only For Challenged Claims

By Robby Breetz and Dave Maiorana In Apple v. Uniloc 2017 LLC, [1] the patent owner moved to amend the claims contingent on an unpatentability finding by the Board.  The contingent amendment cancelled the original claims and replaced them with a new claim set.  The...

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