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PTAB’s Bait-and-Switch Violated the APA

PTAB’s Bait-and-Switch Violated the APA

By Lisa Furby and Sarah Geers - In Baker Hughes Oilfield v. Hirshfeld, the Federal Circuit held that the PTAB violated the Administrative Procedure Act (“APA”) by finding certain instituted claims obvious on grounds it had indicated in its institution that it would...

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Motion to Amend Pilot Program Extended

Motion to Amend Pilot Program Extended

The United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to extend the Motion to Amend (MTA) pilot program. This program provides additional options for a patent owner who files an MTA in a trial proceeding...

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CAFC: Nearly Identical Reference is Prior Art

CAFC: Nearly Identical Reference is Prior Art

By Albert Liou - In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that is not often...

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