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USPTO Updates Indefiniteness Standard in AIA Post-Grant Proceedings to Match Those of the District Court Under Nautilus

On January 6, 2021, the United States Patent and Trademark Office (“USPTO”) published a Memorandum that changed the indefiniteness analysis under 35 U.S.C. §112 that the Patent Trial and Appeal Board (“PTAB”) applies in...more

How Different Claim Construction Standards Can Ultimately Determine the Validity of a Patent

Recently, the Federal Circuit issued a decision in Immunex Corp. v. Sanofi-Aventis U.S. LLC addressing the different claim construction standards used by the Patent Trial and Appeal Board (“PTAB”) (broadest reasonable...more

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