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PTO Promotes Judicial Independence in Final PTAB Rule

PTO Promotes Judicial Independence in Final PTAB Rule

By Lauren Kim and Matt Johnson - On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on October...

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PTAB Issues First Post-LKQ Design Patent Decision

PTAB Issues First Post-LKQ Design Patent Decision

By Connor Scholes and John Evans - On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”), the...

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Lack of Injury In Fact Scuttles Appeal

Lack of Injury In Fact Scuttles Appeal

By Lexi Heon, Lisamarie LoGiudice, and Matt Johnson - The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to...

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