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Jones Day

Clarified: Standing Requirements and Burden Shifting Framework in IPR Proceedings

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Any person or entity may file an IPR proceeding to invalidate a patent, regardless of whether it faces a specific threat of infringement. An adverse decision in an IPR proceeding is appealable only to the Federal Circuit....more

Knobbe Martens

E.I. Dupont De Nemours & Co. v. Synvina C.V.

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Federal Circuit Summary - Before Lourie, O’Malley, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: When the ranges identified in a claimed composition overlap with the ranges disclosed in the prior...more

Jones Day

In an IPR, the Burden of Persuasion in an Obviousness Challenge Never Shifts to Patentee

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On March 3, 2017, in a final written decision in IPR2015-01838, the PTAB rejected an obviousness challenge brought by DuPont against a patent owned by Furanix Technologies B. V. directed to methods for preparing the known...more

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