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Substitute Claims Obviousness

Knobbe Martens

Federal Circuit Review - March 2022

Knobbe Martens on

Claim Limitation Not Disclosed by Any Reference but Disclosed by “Proposed Combination” of References Is Obvious - In Hoyt Augustus Fleming v. Cirrus Design Corporation, Appeal No. 21-1561, the Federal Circuit held that a...more

McDermott Will & Emery

Only under Rare Circumstances Can the Patent Trial & Appeal Board Find Proposed Substitute Claims Unpatentable on Its Own

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit addressed, for the first time, the issue of when the Patent Trial & Appeal Board (Board) may raise a ground of unpatentability that was not advanced by a petitioner in relation...more

Mintz - Intellectual Property Viewpoints

“Anything Goes” – Federal Circuit Says PTAB Can Use Any Means to Knock Out Substitute Claims (Uniloc v. Hulu: Part 2)

Yesterday we discussed the Federal Circuit’s decision in Uniloc 2017 LLC v. Hulu, LLC confirming the Board’s authority to review contingent substitute claims after the original claims have been held invalid by a federal...more

Haug Partners LLP

Uniloc v. Hulu - Federal Circuit Clash over Scope of PTAB Review of Substitute Claims

Haug Partners LLP on

WHAT DO WE KNOW? 1. On July 22, 2020, a sharply split Federal Circuit panel held that “[t]he PTAB correctly concluded that it is not limited by § 311(b) in its review of proposed substitute claims in an IPR, and that it...more

Troutman Pepper

IPR Decisions Are to Rely On The Adversarial Process

Troutman Pepper on

Hunting Titan, Inc. v. Dynaenergetics Europe GMBH, IPR2018-00600 (July 6, 2020) - Designated Precedential on July 6, 2020 - Petitioner Hunting Titan challenged Patent Owner Dynaenergetics’ claims based upon anticipation...more

Knobbe Martens

Sirona Dental Systems GMBH v. Institut Straumann AG

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner bears the burden of persuasion concerning the patentability of proposed substitute...more

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