JD Supra

A Later-Filed, Later-Expiring Unrelated Patent is Not a Proper Reference Patent for an Obviousness-Type Double Patenting Rejection

The recent Patent Trial and Appeal Board (PTAB) decision Ex Parte Baurin[1] reversed an Examiner rejection for obviousness-type double patenting (ODP) in U.S. Application No. 17/135,529 over the later ...
JD Supra

Federal Circuit Rules on Inventor-as-Lexicographer Definitions and the Proper Scope of Reply and Sur-Reply Briefing Following Patent Owner Responses to IPR Institution Decisions

ParkerVision, Inc., v. Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. Cir. December 15, 2023) primarily involved three topics: (1) the type of language ...
IPWatchdog

CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References

“While acknowledging that the reversal of PTAB fact finding for lack of substantial evidence was unusual, the Federal Circuit proceeded to do just that.” The Federal Circuit recently held in Campbell ...
The National Law Review

A Later-Filed, Later-Expiring Unrelated Patent is Not a Proper Reference Patent for an Obviousness-Type Double Patenting Rejection

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...