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Federal Circuit Affirms Despite Claim Construction Error

Federal Circuit Affirms Despite Claim Construction Error

By Alexa Grillis and Matt Johnson - The Federal Circuit upheld the PTAB’s decision deeming an integrated circuit connector patent unpatentable for obviousness, despite concluding that the Board’s claim construction was erroneous.  The Court also rejected a challenge...

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Petitioner’s Proof of Printed Publication Falls Short

Petitioner’s Proof of Printed Publication Falls Short

By Mike Lavine - On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key prior art reference qualified as a printed publication under Section 102(b). The PTAB’s decision hinged on whether the “Dammann” reference,...

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Federal Circuit Rules That Order Of Steps Sometimes Does Matter

Federal Circuit Rules That Order Of Steps Sometimes Does Matter

By Simon Maxwell and Carl Kukkonen - Back in May of 2020, European patent-licensing company Sisvel filed a flurry of lawsuits against a dozen tech companies who had allegedly infringed Sisvel’s portfolio of wireless communication and networking patents.  A consortium...

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PTAB Retains Jurisdiction Of Expired Patents

PTAB Retains Jurisdiction Of Expired Patents

By Ellen Geyer and Matt Johnson - The Federal Circuit rejected a recent argument that the PTAB does not have inter partes review (IPR) jurisdiction over expired patents. Because even expired patents involve the grant of public rights, the court explained that the...

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