Intellectual Property Law News and Insights

The Chaos Of Too Many Rules

Published: Dec 10, 2019
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The Patent Office issued Honeywell a patent that required correction. The patent, according to Honeywell, did not include the proper claim for the benefit of priority to the filing date of an application that Honeywell had earlier filed. But before Honeywell noticed the error and tried to correct that priority...

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Board Misreads Features Of The Claims, Fails To Appreciate A Technical Solution To A Technical Problem

Published: Dec 08, 2019
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In SIPCO, LLC v. Emerson Electric Co., [2018-1635] (September 25, 2019), the Federal Circuit reversed the PTAB's construction of "low-power transceiver" and its finding that U.S. Patent No. 8,908,842 does not satisfy the second part of §42.301(b) defining "technological invention." Because the Board did not address the applicability of the first...

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Forum Selection Clause, On Its Own, Does Not Bar PTAB From Instituting IPR Petition

Published: Dec 06, 2019
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The Patent Trial and Appeal Board has rejected a patent owner’s argument that a forum selection clause found in a Non-Disclosure Agreement (NDA) barred the Board from instituting a petition for inter partes review (IPR). Petitioner filed an IPR challenging claims of a patent directed to the design, operation and method of...

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