Author: LSE
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Winning Section 101 Reversals at the PTAB is Tough – Virtual Machine Claims Struck Down
IBM has a difficult time convincing the PTAB that its invention related to power management on cloud server hosts running virtual machines on behalf of customer is not abstract.
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Halloween Prior Art Appeal at PTAB
Halloween costume prior art used by an Examiner rejected by the PTAB.
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Rolls-Royce Uses Declaration Evidence To Win Patent Appeal
The distinction between a structural element and a product-by-process element can be fine.
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FOIA Follow-Up… More on Improper Restrictions
If the Examiner continues to apply the wrong restriction standard in a PCT National Phase application, you may be able to overcome the restriction with a straightforward petition.
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Petitioning a Lack of Search Burden
Apple knows how to petition improper restrictions that fail to provide any reasoning supporting a search burden
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Mere Attorney Argument
On appeal, the PTAB dismisses GM’s reasoning against an Examiner’s rejection as “mere attorney argument.”
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How the Sovereign Immunity Defense Could Change Tech Transfer Patent Ownership Structures
The ideal technology transfer agreement looks much different now with the PTAB and State-owned University sovereign immunity defenses.