Category: Uncategorized
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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.
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NVIDIA Calls out USPTO for Improper Reliance on Admissions
The Office of Petitions loves to find admissions in petitions against restrictions, so be careful!
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All Prior Art Teachings of a Reference Must Be Considered
Don’t let the Patent Office pull a fast one on you by expressly ignoring teachings in the prior art.
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Statistics and Appeal Strategies
Be careful using examiner statistics when making decisions about whether to appeal – some stats are not always what they appear to be.
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Why the USPTO does not have to follow the Supreme Court (according to the USPTO)
THE PTAB’s interpretation of Section 112 could give examiners more freedom to make unreasonable rejections under a new precedential PTAB opinion.
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Design Patents and Provisional Applications
Design and Provisional application filings require a thoughtful strategy and understanding of how priorities can and cannot be claimed.
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Hindsight
Remember not to let Examiners use the inventor’s teachings as a basis for an obviousness rejection.
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Playboy Knocks Out Wireless A/V Patent
Even when claims use the term “means,” that does not necessarily mean that they are “means plus function” claims. This new case may give patent prosecutors a few more tricks to pull out during prosecution of what might otherwise be a hopeless case.