Klarquist News & Insights

PTAB

Uncertainty is the only certainty when it comes to IPR estoppel

Someday, maybe soon, the Federal Circuit will weigh in on the scope of IPR estoppel for references that were known by a party but not presented in an IPR petition filed by that party. Until that happens, it appears that the manner in which IPR estoppel is applied will continue to vary. Even in the […]

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PTAB

Mild discouragement of combination, without evidence of inoperability, does not amount to a “teaching away”

Do references that show different—but not mutually exclusive—manners of displaying information “teach away” from using both manners together? Unless there are express statements discouraging the combination or evidence of its inoperability, the answer will likely be “no.” In Meiresonne v. Google Inc., the Federal Circuit affirmed the PTAB’s finding of unpatentability of all challenged claims in IPR […]

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