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IPR Substitute Claims

In Inter Partes Review Patent Owner Must Show Patentability of Substitute Claims and Prior Art References Known to Patent Owner Pursuant to Duty of Good Faith and Candor Must be Disclosed

On February 11, 2016, the US Court of Appeals for the Federal Circuit (CAFC) decided the case of Nike, Inc., V. Adidas AG, 2014-1719 (CAFC, February 11, 2016), in which Adidas filed an inter partes review (IPR) of US Patent No. 7,347, 011 (the ‘011 patent), owned by Nike. The USPTO Patent Trial and Appeal […]

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US Supreme Court Grants Certiorari on Inter Partes Review Case (Cuozzo Speed Technologies, LLC v. Lee)

On January 15, 2016, the U.S. Supreme Court agreed to review the appealability of decisions to institute an Inter Partes Review (“IPR”) proceeding before the Patent Trial and Appeal Board (“PTAB”) and the appropriate claim construction standard to be used in IPR proceedings. In IN RE: CUOZZO SPEED TECHNOLOGIES, LLC, 2014-1301 (CAFC, July 8, 2015), […]

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