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Federal Circuit: PTAB Affirmance Estops All Pending Actions Involving Patent

Federal Circuit: PTAB Affirmance Estops All Pending Actions Involving Patent

by Albert Liou | May 30, 2018 | Estoppel, Federal Circuit

By: Albert Liou In XY, LLC v. Trans Ova Genetics, L.C., Nos. 2016-2054, 2016-2136 (Fed. Cir. May 23, 2018), an appeal from the District of Colorado, the Federal Circuit gave preclusive effect to a PTAB finding, something it has done several times in the recent past. ...
Anticipation by Combining Elements from the Four Corners of a Reference

Anticipation by Combining Elements from the Four Corners of a Reference

by Albert Liou | Apr 2, 2018 | Prior Art Issues, Uncategorized

By: Albert Liou four corners In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc. case, where the Federal Circuit affirmed a decision of the PTAB finding that combining...
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 | Feb 13, 2018 | Evidentiary Issues

By: Albert Liou In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), the Supreme Court stated that “common sense” can be considered in reaching a conclusion that a claimed invention is obvious.   Since then, both litigants and patent examiners have often...
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