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Federal Circuit Clarifies Difference Between Indefinite Hybrid Claims and Definite Apparatus Claims with Permissive Functional...

The hybrid-claim issue arises in two situations: when an apparatus claim recites user-performed actions; and when an apparatus claim recites actions of the apparatus without tying those actions to the structural features of...more

PTAB Provides Another Estoppel Datapoint — No Estoppel for Petitioner Using Its Own Documents

In Inter Partes Review (IPR) proceedings, the estoppel provision of 35 U.S.C. § 315(e)(1) prevents the petitioner from challenging the validity of a patent in an IPR on any “ground that the petitioner raised or reasonably...more

USPTO Releases Data on Post-Prosecution Pilot Program (P3)

By Michael Varco, Associate On December 13, 2016, at the USPTO’s Patent Quality Conference, the USPTO released statistics on its Post-Prosecution Pilot Program (P3). As of 12/8/2016, 995 P3 Pilot decisions have been...more

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