PTAB Designates Two Decisions Declining Review Under § 325(d) as Informative
By: Mike Lavine – Key takeaways from the PTAB’s March 21, 2018 press release designating its Kayak Software and Becton decisions as informative.
Statutory Estoppel Only Applies To The Same Patent Claims
By: Sue Gerber – The PTAB considers whether estoppel under 35 U.S.C. § 325(e)(1) applies to decisions involving similar, but not the exact same, patent claims.
Anticipation by Combining Elements from the Four Corners of a Reference
By: Albert Liou – The PTAB provides guidance on establishing anticipation by combining elements of different embodiments from four corners of a single prior art reference.
Federal Circuit Provides Guidance on Obviousness of a Claimed Range of Values
By: Mike Lavine and Joe Beauchamp – The Federal Circuit provides guidance on how a prior art reference that discloses similar, but not overlapping, ranges can establish a prima facie case of obviousness.
PTAB Permits “Do-Over” of Motion-to-Amend Briefing Following Aqua Products
By: Josh Nightingale and Matthew Johnson – The PTAB permits a “do over” in light of Aqua Products, allowing a Patent Owner to file revised substitute claims and providing for additional briefing on Patent Owner’s motion to amend.