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When Is a Published Patent Application Prior Art in an IPR?

When Is a Published Patent Application Prior Art in an IPR?

By Adam J. Cook and Michael Oblon - On appeal from an inter partes review (“IPR”), the Federal Circuit held that, under pre-America Invents Act (“pre-AIA”) law, a published patent application is prior art as of its filing date as opposed to its later date of...

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PTAB AIA FY2024 Roundup: Key Insights and Statistics

PTAB AIA FY2024 Roundup: Key Insights and Statistics

By Carl Kukkonen - The U.S. Patent and Trademark Office (USPTO) recently released its Fiscal Year 2024 roundup for the Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) proceedings. This comprehensive report provides valuable insights into the trends and...

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Thickness Arguments Cross the Line for Federal Circuit

Thickness Arguments Cross the Line for Federal Circuit

By Sue Gerber, Adriane Elinski, and Matt Johnson - When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are...

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