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Inherent Obviousness Means Element Is Necessarily Present, Not Just Obvious

Inherent Obviousness Means Element Is Necessarily Present, Not Just Obvious

by S. Christian Platt | Jan 4, 2018 | Federal Circuit Appeal

By Emily Whitcher and Christian Platt In prior blog postings, we have commented on PTAB decisions regarding the standards for demonstrating inherent obviousness (here and here).  Practitioners should also be aware of a recent Federal Circuit decision clarifying the...
District Court Considers IPR In Deciding Alice Motion

District Court Considers IPR In Deciding Alice Motion

by S. Christian Platt | Dec 15, 2017 | PTAB News

By Doug Clark and Christian Platt On November 20, 2017, a district court denied a defendant’s Federal Rules of Civil Procedure (“Rule”) 12(b)(6) motion that sought to dismiss the case on the ground that the asserted patents were ineligible under 35 U.S.C. § 101. ...
PTAB Provides Glimpse Of What Is Good Cause To Extend Trial

PTAB Provides Glimpse Of What Is Good Cause To Extend Trial

by S. Christian Platt | Oct 30, 2017 | Amendment Practice, PTAB News, Time Limits

By: Christian Platt and Richard Graham The PTAB may, where good cause exists, extend a trial up to six months beyond the required twelve month length pursuant to 35 U.S.C. §316(a)(11).  On October 5, 2017, the PTAB issued its first “good cause” extension of a trial in...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.